Common Inventorship And Technology Insufficient For 325(d) Denial, PTAB Litigation Blog
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The PTAB recently declined to apply Section 325(d) and instituted inter partes review after a patent owner unsuccessfully argued that the petition relied on substantially the same prior art as that which the Office had previously considered, becausethe new art shared inventorship and involved similar technology. Geotab USA, Inc. et al v. Omega Patents, LLC, IPR2023-00504, Paper No. 11 (PTAB July 25, 2023).