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Presumption of Nexus for Secondary Considerations Is Improper When a Commercial Product Includes Unclaimed but Functionally...

FOX FACTORY, INC. v. SRAM, LLC - Before Prost, Wallach, and Hughes.  Appeal from the Patent Trial and Appeal Board (PTAB). Summary:  When a commercial product contains unclaimed features, a presumption of nexus between...more

Coda Development v. Goodyear Tire & Rubber

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

Ericsson Inc. v. Intellectual Ventures I LLC.

Federal Circuit Summaries - Before Prost, Newman, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: An unsupported expert opinion does not constitute substantial evidence to contradict a prior art...more

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