Kenyon Wins Federal Circuit Victory for Airbus

On July 17, 2015, Kenyon won a reversal from the Federal Circuit in an appeal from an inter partes reexamination.  In a precedential decision, the Federal Circuit agreed with Kenyon’s argument that the “substantial new question of patentability” test does not, as a matter of law, apply to new claims proposed by a patentee during the course of the reexamination, and remanded to the Patent Trial and Appeal Board for consideration of Airbus’s proposed obviousness rejections on the merits.

As released by the former Kenyon & Kenyon LLP.