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Re-“Designing” a New Standard: The Federal Circuit Aligns Obviousness Test for Design and Utility Patents

In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied...more

Federal Circuit Holds That The Term “Computer” Is Indefinite Based On Conflicting Positions Taken During Prosecution

On February 10, 2021, the Federal Circuit held that the term “computer” was indefinite because the prosecution history included arguments distinguishing prior art references that relied on conflicting understandings of the...more

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