NetList Inc (NLST)

[100lbStriper]

Stokd $NLST Another entry into the "PTAB got it wrong" series published today — "In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (“PTAB”) decision in holding that certain claims of the Virtek patent (U.S. Patent No. 10,052,734) were unpatentable as obvious."

"The court concluded that the “case involves nothing other than an assertion that because [claim elements] were disclosed in the prior art and therefore ‘known,’ that satisfies the motivation to combine analysis. That is an error as a matter of law. It does not suffice to simply be known. A reason for combining must exist."

"Align Vision contended that a person of ordinary skill in the art (POSA) would have been motivated to combine the references as a matter of “common sense.” However, the Federal Circuit rejected this argument and noted, as in the primary appeal, that Align Vision never presented any evidence or arguments before the Board regarding common sense."

https://www.ptablitigationblog.com/known-claim-elements-alone-insufficient-for-motivation-to-combine/