Supreme Court on Patent Law: November 2023
Patently O
NOVEMBER 29, 2023
In its petition for writ of certiorari, MacNeil argues it was improper for the Federal Circuit to substitute its own factual findings and reverse the PTAB instead of remanding the case back to the PTAB to reassess the evidence under the proper legal standard for evaluating secondary considerations and their application to the obviousness analysis.
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