United States Federal Circuit

In an arising from the inter partes review of a Nike-owned patent owned that relates to the upper component, which has the general shape of a foot and forms a void for receiving the foot that is accessed using the ankle opening, the United States Patent and Trademark Office, Patent Trial and Appeal Board's finding of obviousness and denial of Nike's motion, as to the substitute claims because Nike failed to meet its burden of establishing patentability of substitute claims, is: 1) vacated-in-part where the statement used by Nike would not be inadequate, absent an allegation of conduct violating the duty of candor, and this was an improper ground on which to deny Nike's motion to amend; and 2) affirmed-in-part as to the remainder of the judgment.

Appellate Information

• Published 2016/02/11

Judges

• CHEN

Court

• United States Federal Circuit

Counsel