McDermott Will & Emery·IP / PATENT
Fed. Cir. Finds PTAB Use of Extra-Petition Prior Art Was Harmless Error
The Federal Circuit affirmed a PTAB obviousness finding, ruling the Board's use of a prior-art reference not cited in the IPR petition was harmless error because the conclusion was independently supported by other, properly raised grounds.
iprptabfederal-circuitpatent-litigationobviousnessharmless-erroradministrative-procedure-act
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