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Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response

9 minute read September 01, 2023 at 12:03 AM
By
Jeffrey S. Ginsberg and Joyce L. Nadipuram
IP News

Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response

In a pair of decisions, a Federal Circuit panel of Judges Lourie, Dyk, and Taranto unanimously vacated final written decisions of the Patent and Trademark Office's Patent Trial and Appeal Board (the "Board") relating to Medtronic Inc.'

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