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286-1. Federal Circuit Upholds PTAB s Printed Publication Prior Art Analysis but Vacates Claim Invalidation Based on Unasserted Anticipation Theory
The United States Court of Appeals for the Federal Circuit recently affirmed in part and vacated in part M&K Holdings appeal of an
inter partes review decision by the Patent Trial and Appeal Board in which the Board held all claims of their patent unpatentable. The Federal Circuit agreed with the Board s prior art analysis regarding printed publications but vacated an invalidity finding based on an unasserted anticipation theory.