April 6, 2016

“Black & Decker Urges Fed. Circ. To Revive Trimmer Patent,” Law360, April 6, 2016

Law360, Washington (April 6, 2016, 6:11 PM ET) — The Patent Trial and Appeal Board wrongly found Black & Decker Inc.’s outdoor trimmer mounting technology was unpatentable, the hardware maker told the Federal Circuit on Wednesday, arguing the axed patent did not draw from existing patented technology for hair trimmer motors.

In invalidating certain patent claims, PTAB had wrongly ignored a disclaimer limiting B&D’s patent to outdoor tools, as well as evidence that people who develop such tools would not equate the patented technology with the prior art used in hair trimmers, B&D’s attorney Christopher Brock of Harness Dickey& Pierce PLC told a three-judge panel at oral argument.

“The board completely failed to explain why a person of ordinary skill in the art would have modified [the hair trimmer patent] to arrive at the claimed invention,” Brock said.

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