BillJCo, LLC v. Apple Inc.

 
APPEAL NO.
23-2189, 23-2190
OP. BELOW
SUBJECT
Patent
AUTHOR
Stoll

Question(s) Presented

1. Whether “[t]he Board shifted the burden to prove unpatentability away from the patent challenger by requiring the patent owner to prove a claim limitation does not include certain scope so as to differentiate over the prior art.”

2. Whether the panel’s decision “endorses requiring direct evidence of copying as objective indicia of nonobviousness, rather than circumstantial evidence.”

 

 

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