The PTAB’s Erroneous Presumption

Photo of John P. Isacson
John P. Isacson

Fox Factory, Inc. v. SRAM, LLC, Appeal Nos. 2018-2024, -2025 (Fed. Cir. December 18, 2019)

SRAM owned two patents pertaining to bicycle chainrings, which are toothed disks that engage bicycle chains. Fox filed inter partes reviews (IPR) against the patents. The Patent Trial and Appeal Board (PTAB) determined that Fox had shown that the SRAM claims were prima facie obvious over the prior art, but secondary consideration existed that allowed SRAM to overcome the obviousness attack. The secondary considerations asserted by SRAM in defense of the patents were commercial success of a product, licensing, copying, praise by others and long-felt but unmet need.

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