PTAB designates one decision as precedential and two decisions as informative

by John Roberts on April 14, 2020

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Patent Trial and Appeal Board

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PTAB designates one decision as precedential and two decisions as informative

Lectrosonics, Inc. v. Zaxcom, Inc., Case IPR2018-01129, Paper 33 (PTAB Jan. 24, 2020) (precedential)

Considering Fox Factory, Inc. v. SRAM, LLC, 944 F.3d 1366, 1373 (Fed. Cir. 2019), this decision determines that the challenged claims are unpatentable because the Patent Owner did not establish a nexus between the claims and objective evidence of non-obviousness. This decision determines, however, that the Patent Owner’s amended claims are patentable because the Patent Owner did establish a nexus to objective evidence of non-obviousness, including long-felt need and industry praise.

Ex parte Whirlpool Corp., Appeal 2013-008232 (Oct. 30, 2013) (informative)

This decision on appeal reverses the Examiner’s obviousness rejection, finding that the Patent Owner established a nexus between the claimed invention and its objective evidence of non-obviousness, including industry praise, commercial success, long-felt need, and copying, and that such objective evidence is sufficient to demonstrate non-obviousness of the claimed invention.

Ex parte Thompson, Appeal 2011-011620 (March 21, 2014) (informative)

This decision on appeal reverses the Examiner’s obviousness rejection, noting that assessing whether a claimed invention would have been obvious requires considering objective evidence of non-obviousness, and weighing appropriately the prior art-based evidence in conjunction with the objective evidence.

Learn more about these decisions on the USPTO website.

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