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Evidence that a patented product is commercially successful can be very important even where other factors say that the patented claims are obvious. In a recent decision by the PTAB, the Board said that the patented product’s commercial success was strong because sales of the patented product with flared tolerance rings for bearing assembles surpassed other tolerance ring designs without flared rings within three years of the patented product’s introduction. This finding outweighed a finding of obviousness based on three other factors. Intri–Plex Technologies, Inc. and Mmi Holdings, Ltd., v. Saint–Gobain Performance Plastics Rencol Limited, IPR2014–00309 (Paper 83)


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