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Fed Circ Affirms Conflicting Invalidity Determinations from District Court and PTAB, PTAB Litigation Blog

April 2017

Visit the Jones Day PTAB Litigation Blog.

As we have previously discussed on this blog, when considering an issue of patentability such as definiteness under section 112, the PTAB and a district court may properly reach opposite conclusions. In Tinnus Enterprises LLC v. Telebrands Corp., 846 F.3d 1190 (Fed. Cir. 2017), the PTAB and the district court reached opposite conclusions because each was applying a substantively different standard for indefiniteness, a practice the Federal Circuit has so far affirmed. However, even in instances where both the PTAB and the district court apply the same test, as in a section 103 obviousness analysis, different conclusions may properly be reached.

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