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Anticipation by Combining Elements from the Four Corners of a Reference, PTAB Litigation Blog

April 2018

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In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc. case, where the Federal Circuit affirmed a decision of the PTAB finding that combining “multiple, distinct teachings” across embodiments, albeit within the four corners of a single document, was insufficient to anticipate a claim. The PTAB’s recent decision in Unified Patents Inc. v. Intellectual Ventures I LLC, Case IPR2016-01643, Paper 51 (PTAB March 26, 2018), provides a contrasting case example, in which the PTAB found that disclosure of claim elements across embodiments in a single reference was indeed sufficient to anticipate a claim.

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