However, this does not mean that the Board is prohibited from invalidating patent claims under § 112 in an IPR.
Specifically, the statute mandating that the Board issue a final written decision does not appear to place limits on the Board’s ability to consider invalidity under other grounds. Do you believe that 318(a) does not give us the authority to say those claims are indefinite under 112 2nd[?
If the patent is invalid, there can be no infringement, regardless of whether the technology is embraced by the claims. A review of the file wrapper frequently enables one to determine what rejections of claims were made by the patent office examiner, on what grounds those rejections were made, and what prior art was made of record.
This generally provides some insight into what the examiner felt was patentable and what concessions or representations were made by the applicant.
Court of Appeals for the Federal Circuit decided that a defendant trying to prove a patent invalid must do so by a higher standard than normal civil cases, that of "clear and convincing" evidence.
The bar for invalidating bad patents should be "the preponderance of the evidence." Anyone who has any experience in actually bringing innovative products to market, and facing a bunch of threats and lawsuits from patent holders who have obviously bad patents would agree that this makes sense (or, rather, would agree that moving in this direction makes sense)."Clear and convincing" means that the facts are "highly probable," which is a much more difficult standard to meet when trying to invalidate a patent than just a preponderance.
The Board noted the deficiency and stated that Patent Owner “should provide sufficient explanation or evidence as to how dependent claims .
, the Board noted that two challenged claims failed to comply with 112 ¶ 4 (requiring dependent claims “contain a reference to a claim previously set forth”). further limit the subject matter of the claim from which they depend.” IPR2013-00172, No.
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Patent Office is obviously overwhelmed by the sheer workload it faces, and its investigators' inability to keep up with the research that would help them reject many applications.
When the question is invalidating a patent, however, the U.
The US patent office is invalidating patents they granted ten years ago!
These patents are the most lucrative successful patents.