Friday, September 11, 2020

CAFC says "assumptive attorney argument" is not enough

Garmin lost: Garmin International, Inc. and Garmin USA, Inc. (collectively, Garmin) appeal from two final written decisions of the Patent Trial and Appeal Board (the Board) upholding the patentability of certain claims of U.S. Patent No. 6,059,576 (the ’576 patent). Because substantial evidence supports the Board’s finding that Garmin failed to meet its burden of showing that the challenged claims are unpatentable under 35 U.S.C. § 103, we affirm "Assumptive" attorney argument is mentioned: Therefore, in the absence of an explicit disclosure, expert testimony on this point, and anything more than assumptive attorney argument, the Board’s findings on this issue are supported by substantial evidence. Put simply, a petitioner in an inter partes review has the burden of demonstrating unpatentability by a preponderance of the evidence; bare assertion through implication that a reference discloses a claim limitation, without more, is not enough to meet this burden


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