PTAB Highlights Successful Application Of Objective Indicia

New Precedent/Informative Decisions Demonstrate Nexus Considerations

Yesterday, the Patent Trial & Appeal Board (PTAB) designated one new precedential case, and two informative decisions directed to the application of objective indicia to obviousness determinations. Collectively, the decisions outline the necessary degree of nexus between subject claims and submitted objective indicia.

Lectrosonics, Inc. v. Zaxcom, Inc., Case IPR2018-01129, Paper 33 (PTAB Jan. 24, 2020) (precedential, here)

Considering Fox Factory, Inc. v. SRAM, LLC, 944 F.3d 1366, 1373 (Fed. Cir. 2019), this decision determines that the challenged claims are unpatentable because the Patent Owner did not establish a nexus between the claims and objective evidence of non-obviousness. This decision determines, however, that the Patent Owner's amended claims are patentable because the Patent Owner did establish a nexus to objective evidence of non-obviousness, including long-felt need and industry