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Design Patents at PTAB – Substantially the Same vs Basically the Same, PTAB Litigation Blog

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The PTAB’s recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work.  This decision highlights the subtle differences between the “substantially similar” standard for anticipation, and the “basically the same” standard for obviousness.

Read the full article at ptablitigationblog.com.

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