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Fed. Cir. Rejects PTAB Decision on Mystery Shopper Patent; Returns to Sender, PTAB Litigation Blog

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The Federal Circuit in AMC Multi-Cinema, Inc. v. Fall Line Patents (Fed. Circ. September 30, 2021, op. 21-1051) held that the PTAB partially abused its discretion when upholding one claim of U.S. Patent No. 9,454,748 for which the patent owner Fall Line alleged that AMC raised new issues in its reply brief which were absent from the petition.   In particular, the opinion held that a single short, uninterrupted passage about the disputed limitation of claim 7, while in terse form, fairly stated why such limitation was met by the prior art and that the such paragraph provided a basis for the petitioner to submit further evidence regarding these arguments without materially altering the point of the single passage (p. 3).

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