Today in Nike, Inc. v. Adidas AG, __ F.3d __ (Fed. Cir. 2016)(Chen, J.), in a patent owner’s appeal of the denial of patentability in an Inter Partes Reexamination, the panel issued an important decision everyone should read for its discussion of the law of obviousness under 35 USC § 103, as well as important procedural points in PTAB review of Examiner decisions in IPR proceedings, including discussion of Idle Free Sys., Inc. v. Bergstrom, 2013 Westlaw 5947697 (PTAB 2013), and MasterImage 3D, Inc. v. RealD, Inc., 2015 Westlaw 4383224 (PTAB 2015).
The pdf version of this note includes further discussion and a yellow highlight marked copy of the opinion.