Category Archives: Obviousness Standard

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Arctic Cat Chills Polaris’ Secondary Considerations

In Arctic Cat, Inc. v. Polaris Industries, Inc. (IPR2015-01789), the Board again examined secondary considerations of non-obviousness but found them to be unpersuasive because “the claims capture features largely well-known in the art” and the commercial embodiments “[include] important unclaimed features.” In stark contrast to the simple bottle cap in World Bottling Cap v. Crown … Continue Reading

Trying to show obviousness? Provide good, articulated reasoning—and prove that the combination will actually work.

Obviousness can be an unpredictable ground for challenging the validity of a patent. Superficially, obviousness may appear to be somewhat subjective, but it must be based on objective facts that prove that the combined references really can operate together. The courts and PTAB continue to refine the obviousness standard, clarifying how to fall under an … Continue Reading
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