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New Wrinkle Added to Inter Partes Review Proceedings?

Coke Stewart, the Acting Director of the U.S. Patent & Trademark Office (USPTO) recently issued an eye-raising decision in several inter partes reviews (IPRs) between iRhythm Technologies, Inc. and Welch Allyn, Inc. (IPR2025-00363, -00374, -00376, -00377, and -00378).  She used…

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Recent Radical Change to Design Patent Invalidity Analysis

Recent Change in the Law of Design Patent Obviousness In the Federal Circuit’s noteworthy 2024 en banc patent decision (LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348), the Court boldly ditched the decades-old analysis for assessing the…

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Experts Must Understand Their Sources of Supporting Information

Damages experts have been known to rely upon many sources of information in preparing their positions regarding how much to award in damages/royalties. However, a recent U.S. district court decision cautions that a damages expert must understand their sources of…

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USPTO Announces Significant Fee Increases

The United States Patent and Trademark Office (USPTO) has announced significant changes to the patent fee schedule which will take effect on January 19, 2025. The final rule does not include some of the new fee structures proposed in April…

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USPTO to End ‘After Final Consideration Pilot Program’ 2.0

In a significant update for patent applicants and intellectual property lawyers, the United States Patent and Trademark Office (USPTO) has announced it will terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0), effective Dec. 14, 2024. This move comes…

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