"In Softview LLC v. Apple Inc., the Federal Circuit has interpreted an estoppel provision in the AIA to apply narrowly only to newly issued or amended claims, excluding existing claims from being considered as 'obtained.' This interpretation showcases a seemingly inconsistent approach when compared to trademark rulings, where the term 'obtaining' extends to certain actions involving trademark registration maintenance."
"Just nine months prior, the Federal Circuit had issued rulings under the Lanham Act that allowed for the cancellation of registrations deemed obtained fraudulently. This included a broad application of the term 'obtaining,' encompassing maintenance filings as acts of obtaining, while others, like in-contest affidavits, were not treated similarly. Such conclusions raise questions about legal consistency across the patent and trademark domains."
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