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PTAB Goes Off-Roading With Commercial Success and Teaching Away Analysis

Recently, in Polaris Industries, Inc., v. Arctic Cat, Inc., No. 2016-1807, 2016-2280 (Fed. Cir. February 9, 2018), the Court of Appeals for the Federal Circuit (?Ç£CAFC?Ç¥) overturned a Patent Trial and Appeal Board (?Ç£Board?Ç¥) decision that all claims of a patent directed to a side-by-side all-terrain vehicle (ATV) were unpatentable as obvious in a first inter partes review (IPR), while affirming the Board?ÇÖs decision that the claims of the same patent were not unpatentable in view of a different combination of references in a second IPR. Specifically, the CFAC found that the Board failed to conduct a proper teaching away analysis and failed to weigh Polaris?ÇÖs argument of commercial success when determining certain claims were obvious. This appeal stems from two IPR petitions filed by Arctic Cat challenging the patentability of U.S. Patent No. 8,596,405 (?Ç£the ?Çÿ405 patent?Ç¥) after Arctic Cat was sued by Polaris for infringing claims of that… Continue Reading

February 2018
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