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Expert Analysis

IPRs At Fed. Circ.: When Fixed Is Not 'Fixed' But Indefinite

Law360, New York (July 1, 2016, 11:33 AM EDT) -- The ordinary definition of "fixed" is "adj. 1. Firmly in position, stationary." American Heritage College Dictionary 525 (4th Ed. 2002). In May, the Federal Circuit published an opinion, which in comparison with a December 2015 opinion, provides a reason why this definition is not as clear as it seems. The cases are Prolitec Inc. v. ScentAir Technologies, 807 F.3d 1353 (Fed. Cir. 2015) and Black & Decker v. Positec USA, 2015-1646, 2015-1647 (Fed. Cir. May 18, 2016)....

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