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Claim Construction › Prior Art › Unified Patent Court

A&O Shearman

The UPC’s interpretation of inventive step: does it follow the problem-solution approach?

A&O Shearman on

UPC case law on the assessment of inventive step is still evolving. Most local division (LD) decisions have indicated a slightly diverging practice from the EPO’s problem-solution approach. However, more recently, others have...more

Mintz - Intellectual Property Viewpoints

The UPC and EPO Divide: Understanding Conflicting Revocation Proceeding Outcomes

Mintz - Intellectual Property Viewpoints on

With nearly 800 cases adjudicated or pending thus far at the Unified Patent Court (UPC), a possible procedural gap has appeared in the European patent system: no clear legal mechanism currently exists to resolve conflicting...more

McDermott Will & Schulte

Unified Front: No Forfeiture by Failing to Raise Argument in Request for Rehearing

McDermott Will & Schulte on

Addressing forfeiture of issues on appeal and sufficiency of the asserted prior art, the US Court of Appeals for the Federal Circuit upheld a Patent Trial & Appeal Board obviousness finding, explaining that a party does not...more

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