Bottle Caps And The Power Of IPR Secondary Considerations

Law360, New York (February 23, 2017, 11:34 AM EST) -- Reid Dodge

Richard Marsh The Patent Trial and Appeal Board has maintained an exacting standard for objective indicia of nonobviousness (also known as secondary considerations). However, World Bottling Cap LLC v. Crown Packaging Technology Inc. demonstrates the power that such evidence can have in an inter partes review proceeding. In this case, the patent owner (Crown) was able to meet the PTAB's stringent requirements for secondary considerations, which ultimately persuaded the PTAB to uphold its patent over prior art with "minimal" distinctions from the claimed invention and apparent "suggestions in the prior art" to reach the claimed invention.

The Challenged Patent...

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!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!