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Petitioner’s Reply May Expand Presented Arguments and Address New Claim Constructions, PTAB Litigation Blog

Visit the Jones Day PTAB Litigation Blog.

On August 27, 2018, the Federal Circuit vacated and remanded the PTAB’s finding that claims 1-3, 6-9, and 12-14 of U.S. Patent No. 5,602,831 ("the ’831 Patent") are not unpatentable under 35 U.S.C. § 103. See Ericsson Inc. v. Intellectual Ventures I LLC, __ F.__, slip op. (Fed. Cir. 2018). The Federal Circuit held that the PTAB improperly failed to consider portions of Petitioner Ericsson’s Reply.

Read the full article at ptablitigationblog.com.

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