Presumption of Nexus for Secondary Considerations Is Improper When a Commercial Product Includes Unclaimed but Functionally Relevant Features
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 the claims and secondary consideration…
December 18, 2019Federal Circuit1 min read