Fed. Circ. Highlights Peril Of Using ‘Common Sense’ At PTAB

Law360, New York (August 15, 2016, 7:49 PM EDT) -- A Federal Circuit decision that faulted the Patent Trial and Appeal Board for invoking “common sense” to find that a patent asserted against Google was obvious illustrates the danger of using the expression in patent law and will require the PTAB to more rigorously explain obviousness rejections, attorneys say.

On Aug. 10, the Federal Circuit reversed a PTAB inter partes review decision that Arendi SARL's computer data patent was invalid because it was common sense to add an element that was missing from the prior art to arrive at the claimed invention.

The appeals court wrote that while common sense can...

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