Lewis Brisbois Beats PTAB Review Request

Chicago Partner Maxwell J. Petersen and Denver Partner Thomas A. Dougherty recently convinced the Patent Trial and Appeal Board not to institute a post-grant review of a patent covering the design of a pocket key organizer.

A competitor to the patent holder had argued that the patent was obvious and invalid, pointing to one of its own design patents for a key holder that appeared to be “virtually identical” and asking the PTAB to review the patent.

But the PTAB declined to grant review, finding that the information in the petition doesn’t show the competitor would likely prevail in showing the challenged claim to be unpatentable.

Petersen talked to Law360 about the ruling for an article titled “PTAB Declines to Review Key-Organizer Design Patent,” saying he believes “the decision was correct.” Read Petersen’s full quote here.

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