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Secondary Considerations Carry The Day, PTAB Litigation Blog

May 2017


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We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations of non-obviousness were sufficient to outweigh a prima facie case of obviousness. Recently, patent owner William Beaumont Hospital successfully relied on secondary considerations in four IPRs. Although the PTAB found that the prior art disclosed the claim limitations in all four IPRs, they determined that Patent Owner’s evidence of secondary considerations overcame the prior art. (IPR2016-00162, Paper 69; IPR2016-00166, Paper 69; IPR2016-00170, Paper 69; IPR2016-00171, Paper 81 (PTAB May 4, 2017). The PTAB gave careful consideration to Patent Owner’s evidence, devoting 36 pages of analysis in the IPR2016-00170 Final Written Decision, for example.

Read the full article at ptablitigationblog.com.

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United States