Fed. Circ. Affirms Bose PTAB Win On Earpiece Patents

Law360 (October 8, 2019, 7:50 PM EDT) -- The Federal Circuit on Tuesday upheld Patent Trial and Appeal Board decisions striking down two earpiece patents challenged by Bose Corp., leaving in place the board's rulings that the patents were invalid as obvious in light of prior art.

In a nonprecedential one-line order, a three-judge panel summarily affirmed the PTAB's April 2018 decisions invalidating Freebit AS' U.S. Patent Nos. 8,630,436 and 8,976,995, both of which cover earpieces that are shaped to fit the ear. The board ruled that the challenged claims were obvious based on a combination of prior art references, including an earlier patent known as Berg, which shared...

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