Overcoming KSR Soundbite Arguments In Inter Partes Reviews

Law360, New York (March 1, 2016, 10:28 AM EST) -- Obviousness arguments in inter partes reviews often turn on the nature and quality of the combination rationale presented. Unlike many district court actions, in IPRs, the combination rationales must be expressly stated and decided on the papers, rather than via a black box jury verdict. As a result, the Patent Trial and Appeal Board is issuing hundreds of decisions a year touching on motivation-to-combine issues....

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