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James R. Barney

Fed. Circ. Revives Plantronics Earbud Patent Suit

July 31, 2013

Law360

On Wednesday, the Federal Circuit ruled in favor of Plantronics, Inc. in a patent infringement suit against Aliph, Inc., “ruling that a lower court declared the disputed patent obvious too quickly.” The panel wrote, “To the extent the district court conducted a post hoc analysis of objective considerations, it was improper. This court has consistently pronounced that all evidence pertaining to the objective indicia of nonobviousness must be considered before reaching an obviousness conclusion.” Finnegan represented Plantronics in this matter.

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