No. 20-158

SRAM, LLC v. FOX Factory, Inc.

Lower Court: Federal Circuit
Docketed: 2020-08-13
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 35-usc-103 commercial-success federal-circuit graham-v-john-deere nonobviousness objective-indicia patent-act patent-claim patent-law person-of-ordinary-skill secondary-considerations statutory-interpretation
Key Terms:
Patent JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Federal Circuit erred in holding that, under 35 U.S.C. § 103, before a nexus can be presumed between objective indicia of nonobviousness and the patent claim, a patentee must first prove that a commercial product is 'essentially the claimed invention' — to the exclusion of all other product features

Question Presented (OCR Extract)

QUESTION PRESENTED In Graham v. John Deere Co. of Kansas City, 383 U.S. 1 (1966), this Court recog“nized the pivotal importance of “objective indicia” of nonobviousness (also known as “secondary considerations”) — including the long-felt but unsolved need for the patented invention, the failure of others to arrive at the invention, and the invention’s subsequent commercial success — in determining whether a patent’s claims were obvious to a person of ordinary skill in the art at the time of the invention under | 35 U.S.C. § 103. | In this case, the Federal Circuit effectively undermined this Court’s standard by . improperly creating a new categorical and overly restrictive limitation on the consideration of objective indicia of nonobviousness that exists nowhere in the Patent Act or this Court’s jurisprudence. , The question presented is: . Whether the Federal Circuit erred in holding that, under 35 U.S.C. § 103, before a nexus can be presumed between objective indicia of nonobviousness and the patent claim, a patentee must first prove that a commercial product is “essentially the claimed invention” — to the exclusion of all other product features.

Docket Entries

2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent FOX Factory, Inc. to respond filed.
2020-08-10
Petition for a writ of certiorari filed. (Response due September 14, 2020)

Attorneys

FOX Factory, Inc.
Erik Raymond PuknysFinnegan, Henderson, et al., Respondent
Erik Raymond PuknysFinnegan, Henderson, et al., Respondent
SRAM, LLC
Richard B. Walsh Jr.Lewis Rice LLC, Petitioner
Richard B. Walsh Jr.Lewis Rice LLC, Petitioner