Federal Circuit Clarifies Prior Art Effective Date Relative To Provisional, PTAB Litigation Blog
The Federal Circuit recently issued a precedential decision in Dental Monitoring SAS v. Align Technology, Inc., vacating and remanding a PTAB final written decision that held Dental Monitoring’s claims unpatentable as obvious.
Key Question
Whether Carrier, a published U.S. patent application, qualifies as prior art under AIA § 102(d)(2) based on its provisional or non-provisional filing date.
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