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

102 anticipation fed circuit watch patent prior art standard of review

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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