Secondary Considerations of Nonobviousness at the PTAB: Approaches and Obstacles Before the Final Written Decision

October 10, 2014

Review of secondary considerations of nonobviousness is mandatory in district court evaluations of obviousness.1 There’s little surprise, then, at seeing secondary consideration issues arise in inter partes review (IPR) and covered business method patent (CBM) challenges brought before the Patent Trial and Appeals Board.


Reproduced with permission from BNA's Patent, Trademark & Copyright Journal, 88 PTCJ 1493, 10/10/2014. Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Related Publications

September 13, 2022
Patent Value: Scoring Patents Using Characteristics Of Patents In Litigation
Christopher K. Larus, Miles A. Finn, Congnan Zhan, Joseph (Yu) Chen, and Shelley Gilliss - les Nouvelles
August 25, 2022
May 13, 2022
Trademark Applications and the Murky Waters of Subject Matter Jurisdiction
David Martinez, Zac Cohen - Los Angeles & San Francisco Daily Journal
April 19, 2022
Video Game Content Creators Face COPPA Liability Hazards
Matthew Woods, Austin Miller - Bloomberg Law
November 16, 2021
Fintiv Denials in Drug Cases
Steven C. Carlson
Back to Top