Fed. Circ. Backs Post-Grant Review Axing Air Mattress Patent

By Tiffany Hu (September 9, 2021, 9:50 PM EDT) -- The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board ruling that struck down an air mattress patent challenged by Intex, finding that the board correctly found that the patent qualified for post-grant review and was invalid for being indefinite.

In a 19-page nonprecedential opinion, a three-judge panel affirmed that Team Worldwide Corp.'s patent was eligible for post-grant review, which is available for patents filed on or after Mar. 16, 2013, unless they can be traced back to an earlier patent.

Team Worldwide argued that its patent was filed in August 2014, meaning it did not qualify for post-grant...

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