Robert L. Maier Federal Circuit Scrutinizes PTAB Decision on Secondary Considerations
This article covers the decision in 'Volvo Penta of the Americas v. Brunswick' and how it not only reinforces the advantages of drafting patent claims that cover the patentee's own products, but also shines light on the importance of diligently seeking discovery in competitor patent disputes to present evidence regarding secondary considerations of non-obviousness.
September 26, 2023 at 12:00 PM
8 minute read
Patent Litigation
In a recent decision that serves as a reminder regarding issues of patent validity and obviousness, including regarding the importance of evidence that a patent may not be obvious, the U.S. Court of Appeals for the Federal Circuit scrutinized the Patent Trial and Appeal Board's (PTAB or the board) treatment of evidence regarding secondary considerations of non-obviousness, and found that the PTAB should not have invalidated the patent claims at issue, and instead should have given more weight to that evidence.
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