In A First, USPTO Spares Patent Claim After AIA Review

Law360, New York (February 21, 2014, 7:41 PM EST) -- The U.S. Patent and Trademark Office left a single claim of a Proxyconn Inc. software-process patent that had been challenged by Microsoft Corp. intact Wednesday after an America Invents Act review, in what some observers said was the first time the USPTO didn't completely wipe out a patent in the inter partes review process.

While 11 claims of Proxyconn's patent — which Microsoft and several computer hardware makers had been accused of infringing — were declared invalid, one of the claims survived the scrutiny of the USPTO's Patent Trial and Appeal Board, which said the claim wasn't an obvious extension of...

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