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Court Affirms Invalidity of Sports Trading
‘Memorabilia Card’ Patent for Obviousness

March 5, 2010, 5:00 AM

In a split decision, the U.S. Court of Appeals for the Federal Circuit ruled March 1 that a patent on attaching a piece of cloth from an athlete’s jersey onto a sports card was invalid for obviousness (Media Technologies Licensing LLC v. Upper Deck Co.).

Judge Randall R. Rader in a dissenting opinion criticized the majority for dismissing the importance of the invention. “Lurking just beneath the surface of this court’s blindness to the underlying facts supporting non-obviousness is a bias against non-technical arts,” he said.

Patent on Memorabilia Cards.

In 1994, Adrian Gluck filed an application for ...