May 18, 2016

“Fed. Circ. Reverses PTAB, Saves Black & Decker Motor Patent,” Law360, May 18, 2016

Law360, New York (May 18, 2016, 4:56 PM ET) — The Federal Circuit on Wednesday reversed the Patent Trial and Appeal Board’s invalidation of two claims for a Black & Decker patent covering an outdoor trimmer, finding that the board did not adequately explain why it thought the claims were obvious.

PTAB erred by not detailing why it held that a skilled artisan would have found it obvious to replace or adapt the cited prior art to arrive at the claimed invention, according to the ruling by the appellate court panel, which conversely also affirmed the board’s finding that two other asserted claims of U.S. Patent Number 5,544,417 are valid and not obvious.

Christopher M. Brock, an attorney representing B&D, declined to comment on Wednesday.

Counsel for Positec could not be reached for comment on Wednesday.

U.S. Circuit Judges Alan D. Lourie, Kimberly A. Moore and Raymond T. Chen sat on the panel for the Federal Circuit.

The patent-in-suit is U.S. Patent Number 5,544,417.

Black & Decker is represented by Christopher M. Brock and Michael E. Hilton of Harness Dickey & Pierce PLC.

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