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On February 9, 2023 the PTAB issued a Final Written Decision in Early Warning Services, LLC and Samsung Electronics Co., Ltd. v. WePay Global Payments LLC, determining the design claim of US D930,702 (“D’702”) unpatentable, as both anticipated and obvious based on a single reference, Reddy, US 2018/0260806 A1 (“Reddy”). See Consolidated PGR2022-00031 and PGR2022-00045, Paper No. 34. D’702 claimed a display screen having an animated graphical user interface (GUI).Continue Reading PTAB Invalidates GUI, but Leaves Obviousness Test Gooey

PTAB Concludes Artificial Intelligence Medical Device Patent Is Not Obvious
PTAB Concludes Artificial Intelligence Medical Device Patent Is Not Obvious

Artificial Intelligence (AI) typically involves certain common aspects. This includes, for example, training data, AI training algorithm(s) that use the training data to train an AI model, and predictions and/or classifications as output from the trained AI model. Could a person of ordinary skill in the art (e.g., a computer scientist) find it obvious to combine these common aspects to arrive at any given AI-based invention? The Patent Trial and Appeal Board recently answered “no” in its final written decision in Intel Corporation v. Health Discovery Corporation, IPR2021-00552, Paper No. 38 (September 12, 2022).
Continue Reading PTAB Concludes Artificial Intelligence Medical Device Patent Is Not Obvious

The Federal Circuit’s recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018) tasked the PTAB with reconciling the Supreme Court’s SAS Institute decision (discussed here) with its en banc decision in Aqua Products regarding the burden of proof on motions to amend (discussed here).
Continue Reading Federal Circuit Remands Decision on Motion to Amend to Board to Apply and Interpret Aqua Products and SAS Institute