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Domestic Patent Reference Entitled to Foreign Priority Date, PTAB Litigation Blog

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On June 1, 2022, the Patent Trial and Appeal Board issued a Final Written Decision finding unpatentable three claims of AutoStore Technology AS’s (“AutoStore’s”) U.S. Patent No. 10,294,025 (“the ’025 patent”), while finding another claim not patentable.  See Ocado Group PLC v. AutoStore Technology AS, IPR 2021-00274.  In its Final Written Decision, the PTAB determined that a U.S. patent cited by Petitioner Ocado Group PLC (“Ocado”) was prior art because it was entitled to a priority date preceding the ’025 patent’s priority date.

Eric Jjemba, in the Boston Office, assisted with the preparation of this Blog.

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