Lewis Roca Blog

In a recent opinion [DSS Technology Management. v. Apple Inc., (Fed. Cir. 3/23/2018)], the Federal Circuit iterated that the Patent Trial and Appeal Board (“the Board”) must provide additional rationale beyond “ordinary creativity” and “common sense” for modifying a single reference for rendering a claim invalid. Reference to the “ordinary creativity” of the ordinary skilled …

In a most recent opinion, the Federal Circuit makes it clear that unless it chooses to exercise its waiver rights under 37 CFR 42.5(b), the Patent Trial and Appeal Board (“the Board”), consistent with the PTO guidelines, is obligated to dismiss new arguments and evidence presented for the first time during the oral argument phase …