PTAB’s Rejection of Inherency Argument Supports Summary Judgment of No Invalidity

The court granted plaintiff's motion for summary judgment that its tooth whitening patents were not invalid as obvious in light of prior art patents based, in part, on the PTAB's findings during inter partes review. "[U]nder this 'reasonable likelihood' standard, which is significantly lower than the 'clear and convincing' burden in this litigation, the PTAB found that [defendant and its expert's] inherency arguments were insufficient. . . . The PTAB rejected [defendant's] inherency arguments, under a lower standard of proof, not once, but twice. . . . [Defendant] directed its requests for rehearing almost exclusively to the PTAB’s rejection of the . . . inherency arguments [regarding the limitations at issue]. In both instances, the PTAB rejected [defendant's] requests, confirming its ruling that [defendant] had failed to show a reasonable likelihood that it could prove, by a preponderance of the evidence, that [three prior art patents] inherently disclose the [limitations at issue]."

The Procter & Gamble Company v. Team Technologies, Inc. et al, 1-12-cv-00552 (OHSD July 3, 2014, Order) (Black, J.)