Keys To Success Through Secondary Considerations At PTAB
By Michael Kiklis and Matthew Zapadka (May 26, 2020, 5:14 PM EDT) -- With only a few success stories, proving nonobviousness through secondary considerations (also known as "objective indicia of nonobviousness") has always been challenging at the Patent Trial and Appeal Board. Presenting such a case takes a lot of time and resources to find and develop evidence and, therefore, can hardly seem worth it.
The PTAB recently issued guidance on secondary considerations in nearly all the procedural contexts in which it will decide this issue: America Invents Act trials and appeals from prosecution and ex parte reexams. The PTAB provided much needed strategic direction, which can mean the difference between winning and losing....
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!