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United States v. Arthrex, Inc.

Case Number: CLB0482

Date: 06.21.2021

Administrative patent judges wielding unreviewable authority during inter partes review is incompatible with their appointment by the Secretary of Commerce to an inferior office. To remedy this, the Director has the authority to review the Patent Trial and Appeal Board’s decisions in inter parties review.

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Saso Golf, Inc. v. Nike, Inc.

Case Number: CLB0470

Date: 02.10.2020

When drafting, ensure claim terms are defined in the specification, even if applicant thinks they are generally known in the art. Also consider providing example calculations or measurements if included in claims. When litigating, ensure a party provides a counter argument to each argument presented, including expert testimony. Consider providing arguments in the alternative.

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Rain Computing, Inc. vs. Samsung, Inc.

Case Number: CLB0472

Date: 03.02.2021

Claims may invoke § 112 ¶ 6 and be held indefinite if, read in light of the specification, the claims fail to provide sufficient structure for performing a function. In cases where the function is performed by a general purpose computer, an algorithm may be required to disclose how the computer performs to accomplish the function.

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