Archives: Prior Art (102/103)

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Petitioners that Rely on Deposition Testimony to Establish that a Publication Qualifies as Prior Art should be Prepared to Produce the Deponent for Cross

Routine discovery in review proceedings authorizes cross examination of affidavit testimony.  37 C.F.R. § 42.51(b)(1).  If a petitioner submits affidavit testimony to prove that a publication qualifies as prior art, the patent owner can depose the affiant.  But what happens if rather than submitting an affidavit, a petitioner submits deposition testimony to establish that a … Continue Reading

Federal Circuit Preserves Broadest Reasonable Interpretation Standard in IPR Proceedings

In In re. Cuozzo Speed Technologies, LLC, the Court of Appeals for the Federal Circuit addressed for the first time the standards for Inter Partes Review proceedings resulting from the Leahy Smith America Invents Act (“AIA”).1 This decision will not only have a significant impact on Inter Partes Review proceedings brought before the Patent Trial … Continue Reading

Software Patents: A Modicum of Sanity?

In Alice Corp. Ptd. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the U.S. Supreme Court articulated a two-part framework for determining whether a computer related invention was patent-eligible subject matter under 35 U.S.C.§101. … it is important at the outset to identify and define whatever fundamental concept appears wrapped up in the … Continue Reading