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GoPro Can’t Nix Patents Even With Revived Evidence (Corrected)

Aug. 1, 2019, 9:59 PMUpdated: Aug. 2, 2019, 3:40 PM

GoPro Inc. lost its second crack at invalidating two patents owned by Contour IP Holding LLC for action sport video cameras configured for remote recording and viewing.

The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board upheld the patents even after considering evidence—a GoPro 2009 sales catalog—that GoPro said helped show the invention wasn’t novel. An appeals court said the PTAB had wrongly excluded the evidence the first time around.

The July 31 decision shows the importance in such disputes of what an ordinarily skilled person in a field can do with existing ideas.

The GoPro catalog lacked ...

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