This morning The Federal Circuit released a precedential opinion in a patent case appealed from the Patent Trial and Appeal Board. In its opinion, the Federal Circuit affirms the Board’s decision to deny a motion to exclude evidence, vacates the Board’s decision as to the obviousness of certain claims, and remands the case for the limited purpose of addressing certain claim limitations. Here is the introduction to the opinion.

Provisur Technologies, Inc. v. Weber, Inc. (Precedential)

Weber, Inc. (“Weber”) petitioned for inter partes review (“IPR”) of claims 1–14 of U.S. Patent No. 6,997,089 (“the ’089 patent”). In a final written decision, the Patent Trial and Appeal Board (“Board”) concluded that Weber had proved unpatentable as obvious claims 1–10, 13, and 14 but not claims 11 or 12. Weber, Inc. v. Provisur Techs., Inc., No. IPR2019-01466, Paper No. 36 (P.T.A.B. Mar. 8, 2021) (“Final Written Decision”). Patent Owner Provisur Technologies, Inc. (“Provisur”) appeals the Board’s unpatentability determinations. Weber cross-appeals the Board’s determination that claims 11 and 12 are not unpatentable. For the reasons set forth below, we affirm in part, vacate in part, and remand.