Bryan Jaketic

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When the PTAB Weighs Evidence of Secondary Considerations, Volume Matters

As discussed in a prior blog post here, the United States Patent and Trademark Office (“USPTO”) Patent Trial and Appeal Board (“PTAB”) designated a recent decision on secondary considerations as precedential.[1] At the same time, the PTAB designated two older decisions as informative. While the precedential decision of Lectrosonics focused largely on the nexus requirement … Continue Reading

Secondary Considerations at the PTAB: Nexus Required, but Amendments Allowed

The Supreme Court recognized long ago that a patentee can overcome a prima facie showing of obviousness by presenting objective evidence of non-obviousness, referred to as secondary considerations.[1] To do so, however, the patentee must establish a nexus between the challenged claims and the objective evidence. In a newly designated precedential decision, Lectrosonics, Inc. v. … Continue Reading

USPTO Accommodating of Parties in Wake of Video Conference Announcement

On Friday, March 13, in response to the coronavirus disease (“COVID-19”) outbreak, the United States Patent and Trademark Office (“USPTO”) announced that “Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB) oral hearings, and other similar in-person meetings with parties and stakeholders scheduled to take place at USPTO offices on or … Continue Reading
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