In “Fed. Circ. Slams PTAB For Not Explaining Why It Axed Patent,” Law360 examined the Federal Circuit’s rationale for vacating a recent Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) review decision finding a Cutsforth Inc. brush holder patent invalid.
In a rare reversal of a PTAB inter partes review decision, the appeals court said the PTAB made “broad, conclusory statements” that determined Cutsforth’s patent was invalid because it was obvious. Among the reasons for the PTAB’s finding is that the board said it would have been obvious to someone in the field to modify elements of two previous US patents to create the mounting block that is claimed in the patent.
The Federal Circuit, however, said the board’s basis for finding two dependent claims obvious was lacking in its explanation.
Intellectual Property associate David Soofian explained that there are a number of PTAB final written decisions and particularity inter partes review decisions that are written using the same formula that the Federal Circuit criticized.
This decision could prompt future appeals cases arguing over whether there were deficiencies in the board’s ruling.
Soofian noted, “Even though [the opinion] is short and non-precedential, I think it will be a pretty interesting opinion in the way it is used going forward. I think you’ll see a lot of traction from this on the appellate level.”
Also of Interest
- Second Circuit Expands Split on Nominative Fair Use November 16, 2016 • Articles
- JUVE Handbuch Recommends Frankfurt Office and Lawyers November 14, 2016 • Recognitions
- US News–Best Lawyers Recognizes 32 Kaye Scholer Practices and 41 Lawyers November 1, 2016 • Recognitions
- Maier Plans Emergency Response with Fort Meade and Fort Detrick Commanders October 20, 2016 • Client Successes
- Winning the War: Strategies for Prevailing in Consumer Fraud and False Advertising... October 17, 2016 • Articles
- 3D Printing: New Legal Issues Emerge with the Technology’s Revolutionary Potential October 10, 2016 • Articles
- Consumer Products in the Age of Big Data October 4, 2016 • Articles
- Shape of Things to Come: Protecting Product Configuration and Packaging Design September 26, 2016 • Articles
- On the Road to a Safe and Secure Internet of Things: What Companies Should Do September 19, 2016 • Articles