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Provisional Applications Patent Litigation Obviousness

Lathrop GPM

Federal Circuit Decision Highlights the Risks of Inconsistency from Provisional to Patent

Lathrop GPM on

In an August 1, 2025, precedential ruling (FMC Corporation v. Sharda USA, LLC, No. 24-2335 (Fed. Cir. Aug. 1, 2025)), the U.S. Court of Appeals for the Federal Circuit vacated a temporary restraining order granted by the U.S....more

Sheppard Mullin Richter & Hampton LLP

Is it Prior Art? Check the Provisional Application!

This Federal Circuit Opinion analyzed collateral estoppel and the extent to which the non-provisional document would benefit from the provisional application’s priority date, as it relates to Pre-AIA 35 U.S.C. § 102(e)....more

Jones Day

Provisionals’ Disclosures Must Fully Support an Issued Claim for Pre-AIA Priority

Jones Day on

The PTAB recently provided a pre-AIA priority analysis for reference patents in Roku, Inc. v. Anonymous Media Research Holdings, LLC, No. IPR2024-01057, Paper 10 (P.T.A.B. Feb. 10, 2025). This decision highlights the...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Substantive Miscellaneous Motion No. 4 to Add Senior Party Patents and Designate Claims Corresponding to the Count

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Miscellaneous Motion No. 4 in Interference No. 106,132...more

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