1. “The Panel misapprehended Demaco and its progeny to negate Yita’s failure to rebut the presumption of nexus that Patent Owner-Appellee MacNeil IP LLC’s (‘MacNeil’) objective evidence was tied to the claim as a whole.”
2. “The Panel misapprehended the PTAB’s FWD in two critical respects: First, the Panel misread the PTAB’s findings to erroneously attribute secondary considerations exclusively to a single claimed feature rather than to the claim as a whole. Second, even if the PTAB’s FWD rested on an error of law, substantial evidence nevertheless supported the PTAB’s conclusion that secondary considerations were attributable to the claim as a whole.”
