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Raytheon Asks Justices to Review PTAB Reliance on ‘Common Sense’

Nov. 30, 2020, 10:14 PM

The Federal Circuit improperly upheld a patent office tribunal’s cancellation of parts of two airplane lavatory patents as obvious, patent owner B/E Aerospace Inc., part of Raytheon Technologies Corp., told the U.S. Supreme Court in seeking review.

The case “reflects an emerging trend” of the U.S. Court of Appeals for the Federal Circuit expanding the patent office’s jurisdiction to conduct inter partes reviews beyond the scope authorized by Congress, B/E said in a petition for review.

The Patent Trial and Appeal Board considered certain claims of B/E’s U.S. Patent Nos. 9,073,641 and 9,440,742 in a challenge brought by...

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