Chemours Wins Appeal Reviving Polymer Patents Nixed by Board (1)

Chemours Co. FC LLC convinced the Federal Circuit that the Patent Trial and Appeal Board improperly invalidated two of its patents on a polymer for insulating communications cables.

The board accepted Daikan Industries Ltd.‘s arguments that the patents were obvious in light of a prior patent even when taking into account Chemours’ evidence of its product’s commercial success.

The U.S. Court of Appeals for the Federal Circuit reversed in a precedential opinion Thursday, finding the board’s obviousness findings weren’t supported by substantial evidence. It also held that sales figures alone are enough to establish commercial success without market share ...