In finding that all of the claims of Cutsforth’s U.S. Patent No. 7,990,018 (“the ’018 patent”) were obvious in light of the prior art, the Patent Trial and Appeal Board erred in failing to explain its reasoning, the U.S. Court of Appeals for the Federal Circuit has decided (Cutsforth, Inc. v. MotivePower, Inc., January 22, 2016, Clevenger, R.). Thus, the appellate court vacated and remanded for further proceedings.

A full summary of this case has been published on Kluwer IP Law.


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