IP Newsflash

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.