Patent owners rely on objective indicia of nonobviousness, such as commercial success and industry praise, to counter obviousness claims. In a recent case, the Federal Circuit upheld the PTAB's decision to cancel MRI's patents for cooling systems, citing a lack of established nexus between the evidence and the claimed invention. The patents aimed to improve cooling for outdoor electronic displays using a unique method. Despite presenting extensive evidence, MRI could not overcome the prima facie case of obviousness established by Samsung's petition.
"Evidence of commercial success, copying, industry praise, long-felt need, and licensing can, when properly connected to the claimed invention, overcome even a strong prima facie case of obviousness."
"The Board found all challenged claims unpatentable as obvious, emphasizing the need for a clear nexus between objective indicia evidence and the claimed invention."
"The patented system uses a 'constricted convection plate' placed behind the display to create a narrow channel through which cool air flows directly across the hot posterior surface."
"MRI had marshaled extensive objective indicia evidence, including long-felt need for effective outdoor display cooling and Samsung's own failed attempts to solve the problem."
Read at Patently-O
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