Multiple Dependent Claims are Treated as Multiple

Multiple Dependent Claims are Treated as Multiple Claims, PTAB Litigation Blog

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On February 24, 2023, Director Kathi Vidal issued a decision under director review granting rehearing and modifying the final written decision for Nested Bean, Inc. v. Big Beings USA Pty. Ltd. Nested Bean, Inc. (“Nested Bean”) filed a petition against Patent Owner, Big Beings USA Pty. Ltd. (“Big Beings”), challenging claims 1-18 of U.S. Patent No. 9,179,711 B2 (“’711 Patent”). The ’711 Patent is directed to a swaddling suit that restrains movement of an infant’s limbs, suppressing the startle reflex while still allowing movement of the arms to reach the mouth. Notably, claims 1 and 2 of the ’711 Patent are independent claims, and claims 3 to 16 are all multiple dependent claims that depend on either claim 1 or claim 2.

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