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ARTICLE · 02 AUGUST 2024

Director Provides Reminders For Obviousness Analysis

Jones Day
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On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents.

United StatesIntellectual Property
Scott Findley (Summer Associate)
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On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents. See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348, 2023-01461, Paper 12 (PTAB July 9, 2024). Director Vidal found that the PTAB erred in its motivation-to-combine analysis and effectively required an expectation of "absolute success" for prior art combinations. Paper 12 at 7, 9.

In late 2023, Prime Time Toys LLC, Prime Time Toys Ltd., and Easebon Services Ltd. ("Petitioners") requested IPR of certain claims in three Spin Master, Inc. ("Patent Owner") patents for toys that "launch super absorbent polymer projectiles": U.S. Patent Nos. 8,371,282, 8,596,255, and 8,640,683 ("the '683 patent"). Id. at 3. Specifically, Petitioners argued that claim 4 of the '683 patent (representative of the subject-matter at issue), which describes a "launching system" for "soft-projectiles formed from hydrated

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