I’ve posted several times about how it’s best not to leave the scope of prosecution bars (what subject matter; how long; and what activities) to courts to decide because they may not agree with your (silent) views. Make it explicit. The PTAB recently held, in a somewhat fact-based case, that a prosecution bar that precluded activities in “prosecution activities” did not stop a lawyer from being involved in an IPR proceeding. (hat tip to patentdocs.) The case, Google Inc. v. Jongerius Panoramic Tech. LLC (Cas IPR2013-00191) (Paper No. 50) is here.
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