Burden Shifting : CAFC Alert

Whose Burden Is It?

| September 19, 2018

DuPont, Archer Daniels v. Synvina

September 17, 2018

Before Lourie, O’Malley and Chen.  Opinion by Lourie, joined by O’Malley and Chen.


DuPont and ADM filed an inter partes review petition against Synvina’s ‘921 patent that claims a method for making 2,5-furan dicarboxylic acid (FDCA), which is useful as bio-mass.  The Board ultimately held that DuPont had failed to prove that the ‘921 patent was obvious over the prior art.  On appeal, the CAFC reversed, finding that the Board had incorrectly failed to shift the burden of production, from DuPont to the patentee Synvina and had misapplied the standard for finding whether variables are result-effective.

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