The US Supreme Court should consider whether an administrative patent tribunal can reject replacement patent claims based on the board’s own reasoning instead of arguments submitted by a party,
The American athletic shoe giant asked the justices to weigh whether the Patent Trial and Appeal Board may raise its own grounds to invalidate a challenged patent—as opposed to merely deciding the merits of grounds raised by others—and decide “whether the Board may rely on that new ground to reject a patent-holder’s substitute claim as unpatentable,” according ...
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