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PTAB’s Adoption of Petitioner’s Arguments Regarding Modification of a Prior Art Reference Held Minimally Sufficient to Support its Obviousness Determination

IGNITE USA, LLC v. CAMELBAK PRODS., LLC: October 12, 2017 (non-precedential). Before Prost, Wallach, and Taranto.

Takeaway:

  • PTAB’s adoption of Petitioner’s obviousness arguments in its opinion was “sufficient, if minimally,” to explain the connection between its factual findings and legal conclusion of obviousness.

Procedural Posture:

CamelBak Products, LLC petitioned for IPR of a patent owned by Ignite, directed to “a movable trigger/seal mechanism for a beverage container.” The Patent Owner appealed PTAB’s final written decision invalidating the challenged claims as anticipated and obvious. The Federal Circuit in a non-precedential opinion affirmed PTAB’s decision.

Synopsis:

  • Obviousness: The Federal Circuit affirmed that PTAB’s construction of the “connected” limitation, which under the BRI standard was held to cover ‘non-permanent’ connections. Ignite argued that the PTAB improperly relied upon the testimony of CamelBak’s expert that it would have been obvious for a PHOSITA to make modifications to the prior art. The Federal Circuit noted that summaries and rejections of a Patent Owner’s arguments are usually insufficient to support obviousness. But, while “it would be preferable for the PTAB to provide its own reasoned explanation,” here, the PTAB’s finding “CamelBak’s arguments and supporting evidence more persuasive” is “sufficient, if minimally, to explain the connection between the PTAB’s factual findings and legal conclusion of obviousness.”

Copyright © 2021, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume VII, Number 298
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About this Author

Gregory L. Porter, Intellectual Property Attorney, Andrews Kurth, Law Firm
Partner

Greg Porter has extensive experience representing and advising companies in all aspects of patent and trade secret law, including acting as lead counsel in successful jury trials and preliminary injunction hearings, as well as advising on patent procurement and designing around competitor's patents. Greg also has counseled Fortune 500 clients on the creation and management of their patent portfolios.

Over the years, Greg has successfully litigated cases in a diverse range of technologies from oil field tools to polymers and computer networking. Greg has drafted and...

713-220-4621
Ksenia Takhistova, Andrews Kurth Law Firm, New York, Intellectual Property Litigation Attorney
Associate

Ksenia’s practice focuses on IP litigation and client counseling across a wide variety of modern technologies. She has substantial experience in all aspects of litigation, representing both plaintiffs and defendants in patent cases (including ANDA litigations) before the Federal District Courts, at the International Trade Commission, and in post-grant proceedings (IPRs) at the US Patent and Trademark Office. She also handles trademark (false advertising) and trade secret disputes in both Federal and State Courts. Ksenia also represents clients in settlement negotiations...

212-908-6208
Michael J. Block, Andrews Kurth, patent litigation lawyer, dispute resolution attorney
Associate

Michael is an Associate in the Intellectual Property section of the firm’s New York – Battery Park office. He focuses his practice on patent litigation and dispute resolution, especially in the field of electrical engineering.

Michael previously worked in-house at a company where he was engaged in the innovation, development, and monetization of intellectual property and mobile technologies. Michael also has experience in prosecuting patent applications and has written claims, responded to office actions, and participated in interviews with...

212-908-6407
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