• Oct 31 2019
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  • Category: CAFC Updates

Liqwd appeals from a decision by the Patent Trial and Appeal Board that certain claims in its patent on formulations and methods of keratin treatment are unpatentable as obvious. Liqwd argues that the Board erred by ruling that L’Oreal’s copying of Liqwd’s unpublished patent application did not qualify as an objective indicium of nonobviousness. In its obviousness analysis, based on evidence presented by Liqwd, the Board found that L’Oreal used Liqwd’s confidential information and copied Liqwd’s patented method. But the Board disregarded its factual finding when concluding that the copying involved was legally irrelevant. Because so-called ‘objective’ criteria must always be considered and given whatever weight is warranted by the evidence presented, the Board’s conclusion was error.  Accordingly, the CAFC vacates the Board’s obviousness determination and remands

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