Fed. Circ. Backs PTAB's Air Freshener Patent Invalidation

Law360, New York (December 4, 2015, 6:08 PM EST) -- The Federal Circuit on Friday upheld the Patent Trial and Appeal Board's decision in an America Invents Act review to invalidate Prolitec Inc.'s patent covering scented air cartridges and to not allow the patent owner a chance to amend it, rejecting Prolitec's appeal of each of the board's findings.

A split three-judge appellate panel ruled that the PTAB was correct when it found in an inter partes review that Prolitec Inc.'s U.S. Patent No. 7,712,683 was invalid over the prior art and refused to enter substitute claims proposed by the company in a motion to amend the patent.

“We affirm the...

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Appellate - Federal Circuit

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October 6, 2014

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Patents