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284-1. The Federal Circuit Finds Standing for Appeal Based on Risk of Infringement; Vacates Board Determination that Raytheon Claims are Nonobvious
The Federal Circuit recently vacated and remanded a Patent Trial and Appeal Board (the Board) decision finding a Raytheon patent related to turbine engines nonobvious. The Court first found that General Electric Company (GE) had standing to appeal based on a substantial risk of infringement. In doing so, the Court found GE had cured its deficient standing in a prior appeal related to the turbine engines. Further, the Court vacated and remanded the decision of nonobviousness, finding the Board decision lacked substantial evidence of teaching away and lack of motivation to combine.