PTAB Rejects Nu Mark's Challenge To E-Cig Patent

Law360, New York (December 16, 2016, 4:54 PM EST) -- Electronic cigarette marker Nu Mark LLC lost a bid to invalidate claims in a rival’s e-cigarette patent, after the Patent Trial and Appeal Board said Thursday the evidence that NuMark’s arguments relied on had already been considered by a patent examiner.

The PTAB declined to institute inter partes review of several claims in a Fontem Holdings 1 B.V. patent, which Nu Mark had argued were invalid because they were obvious. The board said Nu Mark was, in effect, asking it to “second guess” the U.S. Patent and Trademark Office examiner.

“In light of the circumstances of the present case, we exercise...

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