Is this boot a proper primary reference for evaluating the obviousness of this design patent? In this recent decision, the district judge says it is. (For more on what a primary reference is and why it matters, see here.)

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Is this boot a proper primary reference for evaluating the obviousness of this design patent? In this recent decision, the district judge says it is. (For more on what a primary reference is and why it matters, see here.)

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Explains non-obviousness under patent law. It’s Important because an invention must be non-obvious in order to qualify for a patent.
patentee bears the burden to prove #nonobviousness for the same #drug at a different concentration tinyurl.com/ntuozox #patent http://click-to-read-mo.re/p/59le
Board's failure to give weight to the #evidence of #licensing as indicia of #nonobviousness overturned: tinyurl.com/prqnk5m #PTAB http://click-to-read-mo.re/p/57l4