Secondary Considerations Arguments Precluded By Prior Nexus Testimony, PTAB Litigation Blog
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On June 6, 2024, the PTAB issued a Final Written Decision concluding claims 1-6 of U.S. Patent No. 8,899,655 B1 (“the ’655 patent”) unpatentable. Yita LLC v. MacNeil IP LLC, IPR2023-00172, Paper 70 (PTAB Jun. 6, 2024) (“Decision”). The PTAB also held that Patent Owner, MacNeil Automotive Products LLC, was “collaterally estopped from relitigating the factual issue of the reasons for the industry praise and commercial success.” Id. at 109.
*Fabian Bramwell, a summer associate in Jones Day's New York office assisted in the preparation of this blog.
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