Patent Attorneys Argued Appeal In IPR2016-00112
Patent Attorneys Argue Appeal In IPR2016-00112 On Federal Court Appeal, No. 2017-1889, relating to an Inter Partes Review, IPR2016-00112 of a patent dispute. The Patent Trial and Appeal Board determined that the petitioner had failed to meet the legal standard to show that the claims of the patent, U.S. Patent 8,104,151 (hereafter “‘151 patent”) were unpatentable. The patent attorney for each side presented their arguments to the United States Court of Appeals for the Federal Circuit. The standard requires a high standard of the preponderance of the evidence. The ‘151 patent was directed towards a casket arrangement make of pliable materials. Pliable materials can include cardboard among other materials. Matthews argued that the “casket body” is purely language of intended use. If the term “casket body” is only intended use, then the term should be afforded no patentable weight. As a patent attorney, I agree with the Court that disagreed. The term casket body is clearly a structural term. The dictionary definition of “body” is a physical structure of a person or an animal. However, in the intellectual property word, body extents to any physical structure. The ‘151 Patent Claims provide, inter alia: A casket arrangement having a first configuration and a second configuration, comprising: a bottom panel formed of a pliable material; side panels formed intrinsically with the bottom panel of the pliable material, each side panel including a lower section and an upper section foldably attached thereto, the lower section extending vertically upward from the bottom panel, the upper section in the first configuration extending upward from the lower section and in the second configuration extending in a direction other than vertically upward from the lower section; end panels formed intrinsically with the [...]
