Written by Benjamin Anger and Vikas Bhargava
In a final written decision in Duncan Parking Tech., Inc. v. IPS Group Inc., IPR2016-00067, Paper 29 (P.TA.B. Mar. 27, 2017), the PTAB evaluated whether a prior art reference alleged to anticipate the challenged patent under 35 U.S.C. § 102(e) was a patent “by another.” This case is unusual because the PTAB upheld certain claims even though the parties agreed that the claimed subject matter of the challenged patent was...
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