If the Barcode Doesn’t Fit: Reconsidering ‘Bodily Incorporation’ in Patent Law
Patent – Patently-O 2024-09-12
Summary:
by Dennis Crouch
Many of us feel the daily pull toward coffee, and perhaps likewise toward PTAB decisions about coffee makers.
I found interesting a recent pair of IPR decisions successfully brought by the Swiss Nespresso against German competitor K-Fee. This post delves into these cases and what I call the 'glove doesn't fit' fallacy in patent law obviousness doctrine; it also provides a discussion of how written description continues to be a risk, even in inter partes review (IPR) proceedings.
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