Prosecution History Estoppel Limits Design Patent Amendments

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A fascinating ruling dealing with design patents, amendments made during prosecution, and limitations on claim scope was handed down by the Court of Appeals for the Federal Circuit on September 12, 2019 in Curver Luxembourg, Sarl v. Home Expressions Inc..[1]  Curver is an important piece in an otherwise scant design patent case law. Curver Luxembourg …

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Fed Circuit Watch: Different Evidence + Different Standards of Review = Different Validity Result

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The Court of Appeals for the Federal Circuit presented an interesting paradox in patent validity challenges, especially when the same parties bring forth essentially the same issues, but have different results in different federal agency or judicial reviews, as was seen in Nobel Biocare Services AG v. Instradent USA, Inc.,[1] decided on September 13, 2018. …

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Fed Circuit Watch: PTAB Anticipation Analysis All Wrong

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Anticipation in patent law means the claimed invention lacks novelty, or is not new; in other words, the invention was already invented.[1]  Anticipation, as codified in 35 U.S.C. §102(a) (or §102(b) in pre-AIA statute), is the gateway substantive legal analysis which must take place in order to assess patentability of an invention.  Therefore, when the …

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