In a short but instructive opinion, the U.S. Court of Appeals for the Federal Circuit delivered a reminder about the relationship between claim language, written descriptions and the limits of what a patent’s claims can cover. Dynapass owns U.S. Patent No. 6,993,658, covering methods for authenticating users on a secure computer network using a two-component … Continue Reading
As provided by statute at 35 U.S.C. § 311(b), a petitioner in an inter partes review (IPR) may challenge the claims of a patent “only on the basis of prior art consisting of patents or printed publications.” Does this provision permit IPR challenges based on Applicant Admitted Prior Art (AAPA) ― art identified in the … Continue Reading
In Part I of this set of blogs, we discussed the impact of the rescission of former USPTO Director Vidal’s Guidance Memorandum for handling discretionary denials in inter partes review proceedings before the Patent Trial and Appeal Board. We also discussed Chief Judge Boalick’s Guidance Memorandum on the rescission. In Part II, we examine a … Continue Reading
