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Incorporation by Reference Users Beware, <i>PTAB Litigation Blog</i>

Incorporation by Reference Users Beware, PTAB Litigation Blog

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In an appeal from final written decisions of the Patent Trial and Appeal Board ("Board") in six inter partes review (IPR) proceedings where Ford Motor Co. ("Ford") challenged two patents owned by Paice LLC ("Paice"), the Federal Circuit found that the Board erred in interpreting the incorporation by reference statement in a priority application and, as a result, invalidating certain Paice claims for lack of written description. Paice LLC v. Ford Motor Co., Nos. 2017-1387, 1388, 1390, 1457, 1458 (February 1, 2018) (O’Malley, joined by Lourie and Taranto).

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