Redline Detection, LLC v. Star Envirotech, Inc.

U.S. Court of Appeals for the Federal Circuit

Redline Detection, LLC v. Star Envirotech, Inc.

Opinion

United States Court of Appeals for the Federal Circuit ______________________

January 20, 2016

ERRATA ______________________

Appeal No. 2015-1047

REDLINE DETECTION, LLC, Appellant

v.

STAR ENVIROTECH, INC., Appellee

Decided: December 31, 2015 Precedential Opinion ______________________

Please make the following changes:

On page twenty-four, lines 1–9, replace the sentence

When asserting that a claimed invention would have been obvious, that party “must demon- strate by clear and convincing evidence that a skilled artisan would have had reason to com- bine the teaching of the prior art references to achieve the claimed invention, and that the skilled artisan would have had a reasonable ex- pectation of success from doing so.” PAR Pharm., Inc. v. TWI Pharm., Inc., 773 F.3d 2 REDLINE DETECTION, LLC v. STAR ENVIROTECH, INC.

1186, 1193 (Fed. Cir. 2014) (internal quotation marks and citations omitted).

with the following sentence:

When asserting that a claimed invention would have been obvious, that party “must demon- strate . . . that a skilled artisan would have had reason to combine the teaching of the prior art references to achieve the claimed invention, and that the skilled artisan would have had a rea- sonable expectation of success from doing so.” PAR Pharm., Inc. v. TWI Pharm., Inc., 773 F.3d 1186, 1193 (Fed. Cir. 2014) (internal quotation marks and citations omitted); see Ariosa Diag- nostics v. Verinata Health, Inc., 805 F.3d 1359, 1364–65 (Fed. Cir. 2015); see also 35 U.S.C. § 316(e) (“In an inter partes review instituted under this chapter, the petitioner shall have the burden of proving a proposition of unpatentabil- ity by a preponderance of the evidence.”).

Reference

Status
Published