Fed. Circ. Disagrees With PTAB, OKs Balloon Toy Sales Ban

Law360, New York (January 24, 2017, 8:52 PM EST) -- The Federal Circuit on Tuesday upheld a preliminary injunction barring sales of a water balloon toy alleged to infringe a competitor's patent, ruling that the patent was likely not invalid even though the Patent Trial and Appeal Board found the patent invalid last month.

The PTAB held in a final post-grant review decision in December that Tinnus Enterprises LLC's patent challenged by Telebrands Corp. is invalid as indefinite, but the Federal Circuit looked at the same issue and reached the opposite conclusion.

The PTAB held that a key claim term was "unclear" and that a skilled artisan "could not interpret the...

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