United States Federal Circuit
Redline Detection LLC v. Star Envirotech, Inc., 2015-1047
In an appeal of the inter partes review (IPR) decision of the Patent Trial and Appeal Board (PTAB), which denied plaintiff's motion to submit supplemental information under 37 C.F.R. section 42.123(a) (2012) and found that it failed to show that certain claims of the patent, relating to methods of generating smoke for use in volatile and explosive environments, would have been obvious, the IPR decision is affirmed where the PTAB did not err in finding plaintiff failed to prove the patent would have been obvious over the cited prior art because: 1) plaintiff waived its arguments regarding PTAB's determination of the person having ordinary skill in the art's (PHOSITA) skill level and 2) substantial evidence supports the PTAB’s determination of the scope and content of the prior art.
Appellate Information
- Published 2015/12/31
Judges
- WALLACH
Court
- United States Federal Circuit