Federal Circuit diverges from PTAB on analogous art ruling
Abstract: As patent owners are well aware, sometimes overcoming invalidating prior art can be difficult. Prior art — which makes an invention known and/or obvious, and therefore unpatentable — includes existing patents that are “analogous art.” But what makes an existing patent analogous? This article reviews a case from the U.S. Court of Appeals for the Federal Circuit, which handles all patent-related appeals, that explains the concept of analogous art. Donner Technology, LLC v. Pro Stage Gear, LLC, No. 20-1104 (Fed. Cir. Nov. 9, 2020).