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ARTICLE · 28 MARCH 2018

Subjective Preference Is No Excuse For Ignoring Teaching Away

McDermott Will & Emery
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Addressing the issues of teaching away and commercial success, the US Court of Appeals for the Federal Circuit remanded a case to the Patent Trial and Appeal Board (PTAB) to reconsider...

United StatesIntellectual Property
Evan Boetticher
Evan Boetticher
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Addressing the issues of teaching away and commercial success, the US Court of Appeals for the Federal Circuit remanded a case to the Patent Trial and Appeal Board (PTAB) to reconsider its final written decision issued in one of two inter partes reviews (IPRs) where the PTAB found the challenged claims unpatentable over one combination of references but not the other. Polaris Industries, Inc. v. Arctic Cat, Inc., Case Nos. 16-1807; -2280 (Fed. Cir., Feb. 9, 2018) (O'Malley J).

Arctic Cat, a manufacturer of all-terrain vehicles (ATVs), filed two IPR petitions for a patent held by its competitor, Polaris Industries, for the configuration of ATVs. The PTAB found the patents obvious from a combination of prior art presented in one IPR but not the other, and the parties cross-appealed. The Federal Circuit affirmed the PTAB IPR decision finding the patent valid, but overturned in part the IPR decision finding it invalid and remanded for reconsideration.

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