PTAB Designates Decision as Precedential

Written April 15, 2020

The Patent Trial and Appeal Board (PTAB) on April 14, 2020, designated as precedential Lectrosonics, Inc. v. Zaxcom, Inc. Case IPR2018-01129, Paper 33 (PTAB Jan. 24, 2020) (precedential). 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 praise. The Office also designated both Ex parte Whirlpool Corp., Appeal 2013-008232, and Ex parte Thompson, Appeal 2011-011620, as informative. Learn more about these decisions on the USPTO website.