#obviousness-35-usc-103

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Intellectual property law
fromPatently-O
6 days ago

Borrowing from the Board: District Court Obviousness in the Post-IPR Era

PTAB obviousness decisions should be treated as persuasive authority in bench trials, while jury trials make direct use harder because factfinding belongs to juries.
fromPatently-O
1 week ago

After LKQ: The Boilerplate Changed; The Rejection Rate Did Not

I worked through several rejections in detail to see whether examiners are pushing into prior art that the old framework would have blocked. Some are. Aristocrat's slot-machine GUI was rejected over a structurally different primary, and TOP
Intellectual property law
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