News & Analysis as of

Nexus Patent Litigation Obviousness

McDermott Will & Schulte

When it comes to objective criteria of nonobviousness, nexus is looser for license evidence

The US Court of Appeals for the Federal Circuit partially reversed a decision by the Patent Trial & Appeal Board, effectively relaxing the nexus requirements for patent licenses pertaining to their usage as objective indicia...more

A&O Shearman

Federal Circuit Clarifies Nexus Standard For Secondary Consideration Licensing Evidence

A&O Shearman on

On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated and remanded two final written decisions by the Patent Trial and Appeal Board (“PTAB”) that found several claims of Ancora Technologies,...more

Haug Partners LLP

Federal Circuit Clarifies the Nexus Requirement for Objective Indicia of Nonobviousness

Haug Partners LLP on

In Quanergy Systems, Inc. v. Velodyne Lidar USA, Inc.1, a Panel of the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB or Board) decisions that claims of a Velodyne patent were...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Knobbe Martens

Federal Circuit Review - August 2021

Knobbe Martens on

It’s No Secret That a Related Company’s Physical Presence in a Jurisdiction May Not Be Enough For Proper Venue - In Andra Group, LP v. Victoria’s Secret Stores, LLC, Appeal No. 20-2009, The Federal Circuit held that an...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: PTAB Erred In Presuming Nexus Where Commercial Product Was Not Coextensive With Patented Invention

The Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s (PTAB) decisions in two inter partes review (IPR) proceedings, finding that the PTAB applied the wrong standard when it presumed there was a nexus...more

McDermott Will & Emery

Suggestion of Control Not Enough for RPI Challenge; Nexus Matters for Commercial Success - Universal Remote Control, Inc. v....

McDermott Will & Emery on

Addressing the real parties-in-interest (RPI) requirement for inter partes review (IPR) and the “nexus” requirement for commercial success to rebut an obviousness challenge, the Patent Trial and Appeal Board (PTAB or Board),...more

Akin Gump Strauss Hauer & Feld LLP

Objective Indicia of Non-Obviousness Proffered by Patent Owner Deemed Insufficient to Establish Nexus

A PTAB panel has rejected a patent owner’s evidence of objective indicia of non-obviousness because it lacked the proper nexus with the claimed subject matter. In its brief, the patent owner had argued that praise by others,...more

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