Goryunov and Adam Erickson in The Patent Lawyer: ‘Evidence of Copying by IPR Petitioner May be Enough for Secondary Considerations to Overcome Showing of Obviousness’

September 20, 2023

Haynes and Boone, LLP Lawyers Eugene Goryunov and Adam Erickson authored an article in The Patent Lawyer discussing the massive win for patent owners that will motivate them to search for evidence of copying by IPR petitioners.

Read an excerpt below:

In Volvo Penta v. Brunswick (2022-1765), evidence of copying overcame the showing that all claim limitations were obvious in light of the prior art.

The goal for petitioners in an inter partes review is pretty straightforward: find prior art that teaches all of the claim elements and show that a POSITA would have been motivated to combine them. To that end, the petitioner argues that the prior art discloses the claimed features and the patent owner argues that it doesn’t. Then, the Patent Trial and Appeal Board weighs the evidence and makes a determination.

However, one case recently remanded by the Federal Circuit’s precedential decision, Volvo Penta of the Americas, LLC v. Brunswick Corporation, flipped all of that on its head.

To read the full article in The Patent Lawyer, click here.