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Patents Post-Grant: Secondary Considerations Rebut Obviousness Finding

Rare Victory in Patent Reexamination Since the amendment of claims is not practical in many instances during patent reexamination (due to intervening rights ), declaration evidence is much more common in patent reexamination as compared to patent application prosecution. A common form of declaration...

Troutman Sanders LLP: Litigation and Reexamination Lead to Different Results in Patent Case

By Dabney Carr In a precedential decision on May 17, the Federal Circuit affirmed the PTO's rejection in reexamination of patent claims on the grounds of obviousness even though the Court had previously affirmed a district court's judgment as a matter of law that the same claims were not obvious...