Godbersen-Smith Construction Company d/b/a GOMACO Corporation v. Guntert & Zimmerman Const. Div., Inc.

PGR2024-00026

GOMACO Corporation successfully challenged seven claims of the '723 patent in a PGR proceeding, arguing they lack written description support and are obvious. The Board instituted review on all grounds, finding the patent subject to AIA rules despite its age.

Jurisdiction
US PTAB
Case Number
PGR2024-00026
Judge(s)
Patrick R. Scanlon, Hyun J. Jung, James J. Mayberry
Decision Date
30 April 2024

Detailed Summary

Godbersen-Smith Construction Company d/b/a GOMACO Corporation successfully petitioned to challenge seven claims (1-7) of U.S. Patent No. 11,772,723 in a Post-Grant Review (PGR). The Petitioner asserted grounds of obviousness (103) and lack of written description (112), citing prior art and specification deficiencies related to angular position transducers on paving machines. Although the Patent Owner initially argued the patent was pre-AIA, the Board determined that priority claims made by the owner subjected the '723 patent to AIA rules, making it eligible for review. The Board ultimately agreed with the Petitioner's written description arguments and instituted review on all grounds challenged.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Godbersen-Smith Construction Company d/b/a GOMACO Corporation vs Guntert & Zimmerman Const. Div., Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.

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