Federal Circuit Affirms Board Confirmation Of Patent Validity

Mealey's (March 7, 2019, 12:54 PM EST) -- WASHINGTON, D.C. — Although a patent owner and patent challenger spent a majority of their briefing before the Federal Circuit on the evidentiary burden for demonstrating secondary considerations of nonobviousness, a panel of the court on March 6 declined to address the issue, upon finding that it was “not clearly at issue” before the Patent Trial and Appeal Board (Xactware Solutions Inc. v. Eagle View Technologies Inc., Nos. 2018-1053, -1055, -1056, -1110, Fed. Cir., 2019 U.S. App. LEXIS 6699)....