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CAFC Reverses Nonobviousness Ruling in IPR as Board Failed to Apply Burden-Shifting Standard

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The Federal Circuit recently reversed a Patent Trial and Appeal Board (“Board”) inter partes review decision on nonobviousness, holding that the Board erred when it did not require Synvina, the patent owner, to come forward with evidence of nonobviousness (e.g., teaching away) once DuPont, the petitioner, established the prior art disclosed an overlapping range for […] The post CAFC Reverses Nonobviousness Ruling in IPR as Board Failed to Apply Burden-Shifting Standard appeared first on IPWatchdog.com | Patents & Patent Law.

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