Zaxcom, Inc. v. Lectrosonics, Inc.

 
APPEAL NO.
20-1350, 20-1405
OP. BELOW
SUBJECT
Patent
AUTHOR
Taranto

Question(s) Presented

  1. “Does the presumption of nexus apply to industry praise where the praised product is an embodiment of the claim and the claim is for the whole system (not a small component), regardless of the presence of any unclaimed or prior art features in the product, leaving it for a challenger’s rebuttal to address unclaimed or prior art features?”
  2. “Whether the Board may make its own arguments based on the entirety of the record in order to find substitute claims patentable and grant a motion to amend, even when the material was not presented in the motion to amend and the opposing party was not given a chance to respond.”

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