Court affirms PTAB’s common sense obviousness analysis
Abstract: Common sense can go a long way. And patent litigants shouldn’t be surprised at just how far it can go when a court determines whether a patent is invalid for being obvious. This article discusses a case in which the court found that, while common sense shouldn’t be used as a wholesale substitute for reasoned analysis and evidentiary support, the Patent Trial and Appeal Board’s use of common sense was accompanied by the necessary analysis and support. B/E Aerospace, Inc. v. C&D Zodiac, Inc., No. 19-1935, June 26, 2020, Fed. Cir.; KSR Int’l Co. v. Teleflex Inc., No. 04–1350, Supreme Court (2007).