Fed Circuit gives Airbus another shot at fire safety patent
The US Court of Appeals for the Federal Circuit has granted Airbus another chance to prove that a fire prevention company’s patent is invalid.
The decision, issued on Friday, November 8, reversed an earlier ruling by the Patent Trial and Appeal Board (PTAB) at the US Patent and Trademark Office ( USPTO), which upheld Firepass’ patent (US number 6,418,752) as valid.
The Federal Circuit the board had erred in its decision because it failed to properly consider all of Airbus’ evidence when it examined whether new claims added to the ‘752 patent were valid, or obvious over prior art.
The patent in dispute discloses a fire prevention and suppression system that both prevents and extinguishes fires using breathable air instead of water, foam, or toxic chemicals.
In 2009, Firepass sued Airbus in the US District Court for the Eastern District of New York for alleged infringement of the ‘752 patent. Airbus denied infringement, and in 2011 it sought to have the patent revoked for obviousness over prior art.
The USPTO initially sided with Airbus, finding that claims of the ‘752 patent were patent-ineligible, but this decision was later reversed by the PTAB.
The invention is based on the alleged discovery that a low oxygen but normal pressure atmosphere inhibits fire ignition and combustion, yet remains breathable for humans.
In reversing the PTAB’s decision, the Federal Circuit found that evidence presented by Airbus showed that four other articles of prior art also cover “breathable air that is fire-preventative and fire-suppressive for a human-occupied enclosure”.
It asked the tribunal to reconsider its ruling and take into account the full scope of evidence presented by Airbus.
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