On Aug. 10, 2016, the Federal Circuit tightened the usage of common sense and in doing so clarified the criteria for applying it in an obviousness determination. Arendi SARL v. Apple Inc., Google Inc., Motorola Mobility LLC, 2016 WL 4205964, at *4 (Fed. Cir. Aug. 10, 2016). The narrowing of the application of common sense could be taken as a response by the Federal Circuit to limit the number of claims invalidated by the Patent Trial and Appeal Board during post-grant reviews.
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