Director Provides Reminders For Obviousness Analysis, PTAB Litigation Blog
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On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents. See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348, 2023-01461, Paper 12 (PTAB July 9, 2024). Director Vidal found that the PTAB erred in its motivation-to-combine analysis and effectively required an expectation of “absolute success” for prior art combinations. Paper 12 at 7, 9.
* Scott Findley, a summer associate in the Minneapolis office assisted in the preparation of this blog.
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