Fed. Circ. Revives Airbus Bid To Ax Fire Suppression Patent

Law360 (November 8, 2019, 9:29 PM EST) -- The Federal Circuit ruled Friday that the Patent Trial and Appeal Board erred in upholding claims of a Firepass fire suppression system patent challenged by Airbus, sending the case back for reconsideration and extending a dispute that has already dragged on for a decade.

The appeals court ruled that the board improperly refused to consider evidence of invalidity that Airbus presented in an inter partes reexamination of the patent, which covers using a low-oxygen atmosphere to suppress and extinguish fires in enclosed areas like airplanes. The court ordered the board to analyze that evidence on remand.

The PTAB had held that...

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