Federal Circuit: Board Properly Held Obviousness Theory Was Waived

Mealey's (March 27, 2019, 1:31 PM EDT) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on March 27 affirmed a rejection by the Patent Trial and Appeal Board of two inter partes reviews (IPRs) that asserted a patented asphalt emulsion coating is obvious (Colas Solutions Inc. v. Blacklidge Emulsions Inc., Nos. 2018-1358, -1359, Fed. Cir.)....