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Federal Circuit Overturns PTAB Fact-Finding Regarding Conception of Invention, PTAB Litigation Blog

October 2017

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In IPR2014-01198, the PTAB found that the patent owner failed to prove that the patented invention was conceived prior to the date of the prior art, and thus concluded that the patent was unpatentable. The Federal Circuit disagreed, holding that the evidence presented by the patent owner substantially supported the earlier date of conception and sending the case back to the PTAB for further proceedings. NFC Technology v. Matal (Fed. Cir. No. 2016-1808, September 20, 2017).

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