From Respiratory Care to Power Plants: The PTAB on Analogous Art, PTAB Litigation Blog

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We recently wrote about the Federal Circuit’s 2020 decision in Donner Technology, LLC. v. Pro Stage Gear, LLC, where the Federal Circuit vacated the PTAB’s denial of an obviousness challenge due to its finding that the prior art was not analogous art.  In doing so, the Federal Circuit cautioned against defining the particular problem too narrowly such that proper prior art is not considered as analogous art.  In its recent final written decision in Perma Pure L.L.C. v. Masimo Corporation, IPR2019-01573, Paper No. 18 (Mar. 11, 2021), the PTAB again found an obviousness challenge to fail due to one of the asserted prior art references not being analogous art.

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