Federal Circuit Patent Watch – July 28, 2021

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Federal Circuit Patent Watch – July 28, 2021

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Precedential Federal Circuit Opinions

  1. CHEMOURS COMPANY FC, LLC v. DAIKIN INDUSTRIES, LTD. [OPINION] (22020-1289, 2020-1290, 7/22/2021) (Newman, Dyk, Reyna)  

    Reyna, J. The Court reversed the PTAB’s obviousness determinations in two IPRs, concluding that the PTAB’s “decision on obviousness is not supported by substantial evidence” and that the PTAB “erred in its analysis of objective indicia of nonobviousness.” The Court explained that the PTAB “appears to have ignored the express disclosure in [the] Kaulbach [prior art reference] that teaches away from the claimed invention and relied on teachings from other references that were not concerned with the particular problems Kaulbach sought to solve.” The Court also held that the PTAB erred in disregarding evidence of commercial success as indicia of nonobviousness. The Court explained: “When a patentee can demonstrate commercial success, usually shown by significant sales in a relevant market, and that the successful product is the invention disclosed and claimed in the patent, it is presumed that the commercial success is due to the patented invention.” 

    Judge Dyk dissented in part, concluding that the Kaulbach prior art reference did not teach away from the claimed invention. 
 

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