CAFC Finds IPR Petitioner Forfeited Obviousness Argument

October 06, 2022
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In a second appeal arising from inter partes review of U.S. Patent No. 8,274,991, the Federal Circuit found that the petitioner forfeited an obviousness argument that it failed to raise in its reply to the patent owner’s response.

In the first appeal, the Federal Circuit adopted a claim construction consistent with a construction offered in the patent owner’s response, vacated the Board’s obviousness finding, and remanded to the Board for reconsideration.

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ELG Named 5th Most Active and 5th Best Performing Law Firm in Patexia 2022 IPR Intelligence Report

September 29, 2022
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ELG is proud to announce that it has once again been independently recognized as one of the nation's top firms in inter partes review (IPR) proceedings. ELG is included in the 2022 edition of Patexia Inc.'s IPR Intelligence Report on IPR proceedings before the Patent Trial and Appeal Board (PTAB). The report covers 7,030 IPR cases filed over the last five years. In preparing the report, Patexia analyzed 4,966 unique patents and 77,846 unique patent claims. It also surveyed more than 5,600 lawyers and more than 900 law firms.

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