Intellectual Property > IP Newsflash
14 Apr '16

Because “the asserted grounds of unpatentability for [the disputed] claim [] in this case [were] based on prior art, not indefiniteness[,]” the Patent Trial and Appeal Board (PTAB) upheld the validity of a claim over petitioner’s prior art, despite the PTAB knowing that a district court had found the claim indefinite and that, because of that indefiniteness, the petitioner could not point to anticipatory structure in the prior art reference.

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15 Mar '16

The Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) determination of unpatentability for claims covering new rules for a card game. The panel found the claims patent-ineligible under the Mayo two-step analysis for 35 U.S.C. § 101. First, they were directed to an abstract idea; second, they lacked an inventive concept sufficient to bridge the gap between abstract idea and invention.

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