INTELLECTUAL PROPERTY CLIENT ALERT: Board of Patents and Interference Reviews “Obviousness” Issues

    View Author 16 March 2012
    On March 7, 2012, in the matter of In re PepperBall Technologies, Inc. (Fed. Cir. 2012) (per curiam), the Court of Appeals for the Federal Circuit, in a non-precedential opinion, affirmed an obviousness rejection in a reexamination by the Board of Patents and Interference (BPAI, or “Board”). The case provides a glimpse as to how this court may handle future Inter Partes Review proceedings under the America Invents Act’s “substantial evidence” standard of review, which became effective September 16, 2011, and appears to apply to administrative patent revocation trials.