Michael Pohl (US)

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A “known technique” only needs to be a suitable replacement to support a conclusion of obviousness

By Vlada Wendel (US) and Michael Pohl (US) on March 21, 2023 Posted in General

A claim that recites a combination of prior art elements may be obvious when the combination merely involves the use of a “known technique” that “has been used to improve one device” to “improve similar devices in the same way.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007). In Intel Corp. v. … Continue reading

Don’t Xerox conclusory assertions in the expert declaration

By Michael Pohl (US) on February 21, 2023 Posted in General

Expert testimony can be critical to support or defend against invalidity challenges in AIA trials, but must be adequately explained to be effective. In Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 12 (PTAB Feb. 10, 2023), Director Vidal affirmed and designated as precedential a decision from the Patent Trial and Appeal Board (PTAB) that gave … Continue reading