Sentences with phrase «claims over the prior art»

Thus, many patent owners opt to file preliminary statements arguing that no basis for review exists by distinguishing the claims over the prior art.

Not exact matches

In a set of five separate opinions spanning over 140 pages, the appeals court rejected the current PTAB requirement that the patent owner bears the entire burden of proving that proposed amended claims are patentable over the prior art.

We agree with Patent Owner that «[t] here is no requirement for Shire to prove, after the Institution Decision, that original non-amended claims are patentable over all potential prior art, especially non-instituted claims.»

If a defendant in a patent case advocates a broad claim construction, the agenda is, as it is in this case, invalidation: for a broad patent it's easier to find prior art, or to argue obviousness over prior art.