• At the PTAB in IPR, Is There a New Dawn, a New Day, on Secondary Considerations? Some, But Not All, Should be Feeling Good
  • August 16, 2017 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • May 2, 2017 — A recent IP Law360 article on important Patent Trial and Appeal Board (PTAB) decisions in early 2017 reported on World Bottling Cap LLP v. Crown Packaging Technology Inc. The article stated that this case gave hope to patent owners wanting to use secondary considerations to defeat an inter partes review (IPR) challenge to their patents. The article quoted a comment of the final decision, “In summary, although we find that petitioner has offered evidence in support of obviousness, we find that patent owner has offered compelling evidence of secondary considerations of nonobviousness.” The case is IPR2015-01651, the decision was in the IPR’s Paper 34 entered January 19, 2017, and quotations are from Paper 34 at 2.