Alerts8.14.24

Federal Circuit Clarifies Scope of § 42.73(d)(3)(i) Estoppel in Interrelated USPTO Proceedings

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In Softview LLC v. Apple Inc., the U.S. Court of Appeals for the Federal Circuit succinctly adopted Softview’s position that previously issued claims were not subject to the estoppel provisions under 37 C.F.R. § 42.73(d)(3)(i)

In Softview LLC v. Apple Inc., the U.S. Court of Appeals for the Federal Circuit clarified the scope of estoppel under 37 C.F.R. § 42.73(d)(3)(i) concerning interrelated proceedings at the U.S. Patent and Trademark Office (USPTO), vacating and remanding the lower decisions of the Patent Trial and Appeal Board (PTAB).

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