Retired Judge Urges Federal Circuit to Reconsider Patent Ruling

Retired chief judge Paul Michel told the Federal Circuit its recent ruling on a standard used to access whether a patent is obvious is “starkly incorrect” and deviates from the court’s precedent.

Michel joined patent owner SRAM LLC’s call for the full U.S. Court of Appeals for the Federal Circuit to review a Dec. 18 panel decision. The ruling raised the bar for companies defending patents to show the required connection between evidence of secondary considerations and the patent claims.

Rulings in the case “threaten to undercut patent law and its innovation-promoting goals,” Michel argued.

Rival Fox Factory Inc. challenged ...