Case: Patents/Obviousness (P.T.A.B.)

Challenged claims of Athalonz LLC’s patent directed to a shoe or insole that positions a big toe lower than an outer toe, both of which are lower than the heel, are unpatentable as obvious over prior art, the Patent Trial and Appeal Board said, in an inter partes review by Under Armour Inc. The board determined that the challenged claims are obvious over prior art directed to a pair of golf shoes having an outsole with the lower surface inclined between its outer and inner edges. And the board dismissed Athalonz’s motion to exclude.
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