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Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101

8 minute readApril 01, 2018 at 12:03 AM
By
Howard Shire
Michael Block
IP News

Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents

On March 12, 2018, a Federal Circuit panel of Judges Lourie, Reyna, and Chen issued a unanimous decision in SimpleAir, Inc. v.

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