Fed. Circ. Raises Evidentiary Obstacles For Patentees

Law360 (February 5, 2020, 5:48 PM EST) -- The U.S. Court of Appeals for the Federal Circuit recently clarified — and effectively heightened — a patentee’s burden when relying on the commercial success of a patented product to rebut a patent invalidity challenge based on obviousness.

Vacating decisions by the Patent Trial and Appeal Board in a pair of inter partes reviews, the Federal Circuit held that the board applied the wrong standard in determining whether there was a nexus between evidence of secondary considerations of commercial success and claimed features.

Secondary considerations include factors such as the commercial success of a patented product, industry praise for an invention...

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