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Have Cake, Eat Cake: Declaratory Judgment Strategy For Accused Infringers, PTAB Litigation Blog

April 2018

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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, IPR2016-01876, slip op. at 51-52 (P.T.A.B. Apr. 2, 2018) (Paper 59). The decision is noteworthy, because petitioner presented prior art that taught the claimed features and provided a sufficient motivation to combine, yet this evidence was heavily outweighed by Patent Owner’s evidence of objective indicia of non-obviousness. Id.

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