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...

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