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The USPTO recently denied an ex parte reexamination request after determining that the requester was attempting to relitigate substantially the same prior art and invalidity arguments previously raised in an unsuccessful inter partes review petition.

The Federal Circuit vacated a district court's denial of Rule 11 sanctions and attorneys' fees in a patent infringement case, finding the lower court failed to adequately analyze whether the plaintiff had sufficient notice that its asserted claims were likely invalid. The appellate court determined the district court must more thoroughly examine whether the Supreme Court's Alice decision, related USPTO rejections, and a prior invalidity ruling provided adequate warning to the patent holder.