"Ultimately, the PTAB found that [the secondary] considerations made the difference between upholding patentability or finding otherwise.And the Federal Circuit remarked that the PTAB's factual findings on this score were entitled to deference, making them harder to overturn on appeal."This week, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued two precedential decisions that provide additional guidance for those participating in inter partes review (IPR) proceedings.
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