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 demonstrate by clear and convincing evidence 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 reasonable expectation 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 demonstrate . . . 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 reasonable 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 Diagnostics 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 unpatentability by a preponderance of the evidence.”).
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