News & Analysis as of

Graham Factors Patent Trial and Appeal Board

Fox Rothschild LLP

Federal Circuit Revamps Obviousness Test for Design Patents

Fox Rothschild LLP on

In a recent en banc panel decision, the U.S. Court of Appeals for the Federal Circuit overruled a decades-old test for obviousness of design patents. Reasoning that the old test was “improperly rigid,” the Federal Circuit...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Federal Circuit Precedential Opinion Sheds Light on Importance of Issues Presented On Appeal

In a precedential opinion issued last month, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that when the single issue presented on appeal is whether a prior art reference teaches a particular claim...more

Jones Day

Secondary Considerations Unhelpful Second Time Around

Jones Day on

On February 26, 2021, the PTAB found in favor of Fox Factory, Inc. (“Fox”) on remand and cancelled the challenged claims of SRAM LLC’s (“SRAM”) U.S. Patent No. 9,182,027 (the ’027 Patent), directed towards anchoring a...more

Jones Day

Not So Secondary: Overcoming Obviousness With Objective Indicia

Jones Day on

On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...more

McDermott Will & Emery

Failure to Address All Graham Factors Dooms CBM Petition

McDermott Will & Emery on

Travelocity.com L.P. v. Cronos Technologies LLC - Addressing the showing required to institute covered business method (CBM) proceedings based on obviousness, the U.S. Patent and Trademark Office Patent Trial and...more

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