Fed. Circ. Affirms PTAB Ax Of Aircraft Space-Saving IP

Law360 (June 26, 2020, 6:45 PM EDT) -- A Federal Circuit panel ruled Friday that the Patent Trial and Appeal Board didn't err when it invalidated two B/E Aerospace Inc. patents covering space-saving modifications for aircraft quarters like bathrooms, closets and galleys as being obvious.

The precedential decision said the PTAB rightly concluded "that a skilled artisan would have used common sense" to combine elements of existing technology to arrive at B/E's claimed inventions, as C&D Zodiac Inc. had argued before the board when it challenged them.

B/E, however, said the board improperly relied on a theory of common sense to fill an evidentiary gap — a key claim...

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