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Fox Factory, Inc. v. SRAM, LLC (Fed. Cir. Dec. 18, 2019)

The Patent Trial and Appeal Board's presumption of nexus between the patentee's product and the claim is erroneous where the patentee's product included unclaimed features that were 'critical,' according to the patentee, to its operation.


Presumption of nexus is appropriate when the patentee shows that the asserted objective evidence is tied to a specific product and that product embodies the claimed features and is coextensive with them. These products must not only be coextensive but must be commercially successful to overcome a prima facie case of obviousness.


Read the case here.


#presumptionofnexus #secondaryconsideration


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