PTAB Denial Of Nike Amendment ‘Troubles’ Fed. Circ. Judge

Law360 (February 6, 2020, 6:07 PM EST) -- A Federal Circuit judge blasted the Patent Trial and Appeal Board on Thursday for shooting down a proposed substitute claim in a patent covering Nike’s lightweight Flyknit technology based on a new obviousness ground that Adidas never raised in its challenge to the claim.

U.S. Circuit Judge Raymond T. Chen seemed to suggest Nike had been blindsided when the board supported the obviousness finding in its September 2018 decision on remand with a handful of passages from a 413-page knitting textbook that Adidas never used to challenge the claim. He said that distinguishes this case from others where parties were aware...

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