Licensing Evidence of Nonobviousness Does Not Require Claim-Specific Nexus

August 5, 2025 Patent Trial & Appeal Board, Non-Obviousness, Patent Law

The Federal Circuit recently vacated a decision by the Patent Trial and Appeal Board after concluding that the board’s analysis of licensing evidence offered as a secondary consideration of nonobviousness constituted legal error and was not supported by substantial evidence. According to the court, the board applied a more exacting and improperly heightened nexus standard than is required by law for license evidence.

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