Invalidating patent claims batch optimistic updating
This directly meant that we could search for those specific parameters determining scheduling from the filing of the 2nd provisional document.We found results based on this and these were the exact words from the client post submitting the report.It had two priority documents taking earliest priority from a non-patent document (the other document (provisional application) had a later date).Now, during the prosecution of the patent at USPTO – to avoid the rejections – the patentee had added a limitation to the claim which was – scheduling on the basis of certain specific parameters (earlier, the claim was broad covering any parameter and examiner had found a few references disclosing scheduling based on some parameters.In the words of a fellow colleague, “You to have a bigger artillery!” Fortunately, in the years we have spent performing invalidation searches, we have accrued a set of powerful tactics/maneuvers that help us invalidate the toughest of patents. We were working on a case that was dated back to 1996. I looked for a flaw in the priority chain of the target patent. The priority chain of the patent was improper, and it led us to break the priority and search from a later date.In fact, an experienced person would relate to this when I say: In many cases, we do not have bang-on results.So, one needs to know the ‘unconventional’ ways that one can take to get to those results.
In another of our invalidation projects, we had an element in a claim defining an “unsupported profile”. But, when we looked deeper into the description and details of drawings of the target patent, we found that there was nothing much specified about the “unsupported profile”.
The Patent Trial and Appeal Board wrongly invalidated claims of a patent related to flash drive data storage, the Federal Circuit said Aug.
27, remanding the case so the PTAB could determine whether the non-volatile memory patent was invalid based on prior art.
The basic question here is whether the late-stage invalidity in T-Mobile can be used to cancel Sprint’s adjudged liability.