Objective Indicia of Nonobviousness Overturns PTAB Decision
August 30, 2021
Authored and Edited by Kara A. Specht; Elizabeth D. Ferrill
In Campbell Soup Co. v. Gamon Plus, Inc., Nos. 20-2344 and 21-1019 (Fed. Cir. Aug. 19, 2021), the Federal Circuit reversed the Final Written Decisions in two IPRs on design patents, concluding that the petitioner had not demonstrated the unpatentability of the claims in view of objective indicia of nonobviousness. Finnegan’s At the PTAB Blog explains the details of the decision.
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Patent Trial and Appeal Board (PTAB), Obviousness (35 USC § 103), secondary considerations of non-obviousness
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