Federal Circuit Says More Than "Common Sense" is Needed to Analyze Patent Validity

The U.S. Court of the Appeals for the Federal Circuit recently made it clear that judges cannot rely on common sense alone when analyzing the validity of a patent during patent litigation. The Court ruled that the Patent Trial and Appeal Board (“PTAB”) was wrong in invalidating a patent Arendi S.A.R.L. had asserted against Apple and Google on the basis of “common knowledge and common sense” alone. The Court held that for the PTAB to invalidate a patent, there would have to be something more to back up the ruling, and they could not rely solely on “common sense.”

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.