If the Barcode Doesn't Fit: Reconsidering 'Bodily Incorporation' in Patent Law
Briefly

The fundamental issue in these inter partes review proceedings has been the determination of priority date, which can limit the defense options against prior art challenges to patent claims.
In assessing whether the '430 patent met the requirements for its claimed priority date, we revisit the necessity that the written description exhibits possession of the claimed invention as it stands.
Nespresso's patents undergo scrutiny not just on obviousness grounds but also through the lens of written description, which remains a crucial factor in these complex IPR proceedings.
Read at Patently-O
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