Patent Defenses May Get Trickier After Federal Circuit Ruling

Companies may have a tough time relying on the commercial success of a patented product to fend off challenges under a recent Federal Circuit opinion, according to lawyers watching the case.

The decision in Fox Factory Inc. v. SRAM LLC by the U.S. Court of Appeals for the Federal Circuit may create headaches for companies trying to argue their patent doesn’t cover an obvious invention, the attorneys said.

The court said the Patent Trial and Appeal Board used an improper standard when evaluating evidence of secondary considerations in challenges to a bicycle chainring patent. The ruling raises the bar for ...