In
Red Diamond, Inc. v. Southern Visions, LLP, to
overcome accusations of obviousness, the patent owner filed two
motions to amend and offered evidence of objective indicia of
nonobviousness. None was enough, however, to save the claims
of its challenged patents.
Red Diamond petitioned for
inter
partes review of three of Southern Visions patents,
each directed to a brewing device for tea and other sweetened
beverages, as well as methods of making such beverages. The
claimed brewing device included a mesh container filled with a
prescribed ratio of tea to sugar that would then be dissolved in a
separate container and further diluted in water to produce the
Thursday, April 15, 2021
In
Red Diamond, Inc. v. Southern Visions, LLP, to overcome accusations of obviousness, the patent owner filed two motions to amend and offered evidence of objective indicia of nonobviousness. None was enough, however, to save the claims of its challenged patents.
Red Diamond petitioned for
inter partes review of three of Southern Visions’ patents, each directed to a brewing device for tea and other sweetened beverages, as well as methods of making such beverages. The claimed brewing device included a mesh container filled with a prescribed ratio of tea to sugar that would then be dissolved in a separate container and further diluted in water to produce the completed beverage. The patents claimed a range of sugar granule particle sizes specific to the disclosed mesh.