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Federal Circuit: Applicant Admitted Prior Art Cannot Provide a "Basis" for a Ground of Unpatentability in an IPR, But Can be Cited for Other Purposes
When Congress enacted the America Invents Act and created the inter partes review (IPR) proceeding, it limited an IPR petition to challenging patentability "only on a ground that could be raised under section 102 or 103 [i.e., anticipation and obviousness] and only on the basis of prior art consisting of patents or printed publications." 35 U.S.C. § 311(b). Can the patentee's admissions as to the scope and content of prior art in its own patent or patent application — commonly referred to as applicant admitted prior art (AAPA) — be used in an IPR? According to the Federal Circuit, the answer to that question is "yes" — but not as a "basis" for a ground of unpatentability.
In Qualcomm Inc. v. Apple Inc., Nos. 2020-1558, -1559, 2022 WL 288013 (Fed. Cir. Feb. 1, 2022), Apple filed two petitions for inter partes review, which challenged different claims of the same patent. Both petitions asserted the same two prior-art grounds against the different challenged claims: 1) obviousness over the combination of the "Steinacker" patent, the "Doyle" patent, and the "Park" publication; and 2) obviousness over the combination of the "Majcherczak" publication and AAPA consisting of "Figure 1 and its accompanying description" in the challenged patent.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.