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Federal Circuit says Basic Math ≠ Modification

Blackbird v Fitbit Background Blackbird Tech owns US patent number 6,434,212 directed to a device that counts an individual’s steps.  Based on the length and rate of those steps, the device provides information such as distance traveled and speed.  Fitbit and Wahoo Fitness each sought an inter partes review of claims 2,5 and 6.  PTAB […]

Federal Circuit affirms PTAB’s use of “common sense” in invalidating BE Aerospace patents directed to airplane lavs

BE Aerospace v C&DZodiac, 2019-1935, 2019-1936, Fed. Cir. June 26, 2020 BE Aerospace (“BEA”) owns US Patent Nos. US9073641 and US9440742 directed to space-saving designs for airport lavatories.  Specifically, the challenged patents both claim a wall portion including first and second recesses to accommodate the aft support legs of an airline seat, and the seat […]

Firebug runs into “one big world full of no” at the Federal Circuit

Firebug v Stride Rite Appeal Nos. 2019-1622, 2019-1623, Fed. Cir. June 25, 2020 Shoes by Firebug (“Firebug”) owns US Patent Nos. 8,992,038 (“‘038 patent”) and 9,301,574 (“‘574 patent”), directed to improved illumination systems for footwear.  Specifically, both patents describe footwear comprising a sole and three-layer upper – including a liner, interfacing layer and light diffusing […]

PTAB reverses Examiner on “overlapping ranges” rejection

Ex parte Sobota, decided November 27, 2019.  Ex parte Sobota PTAB Decision  Claim 11 of US Patent Application No. 14/907,957, the subject of this appeal, recites: 11.  A process for preparing trichlorosilane (TCS), comprising reacting metallurgical silicon (mg-Si) having a titanium content of 0.08 wt% to 0.12 wt.%, and a phosphorus content ≥ 30 ppmw […]

PTAB Designates Two Decisions Illustrating Bounds of Obviousness Rejections based upon “Design Choice”

On October 15, 2019, the PTAB designated as informative two decisions illustrating the bounds of use of “design choice” by Examiners in support of an obviousness rejection. In Ex parte Spangler, Appeal No. 2018-003800 (Feb. 20, 2019) Ex-parte-Spangler, Appellants’ claimed invention related to a featherseal incorporating two longitudinal tabs that engage with a post on […]