IP Blog
inter parte review
PTAB Claim Construction Results in Insufficient Evidence to Support Institution
In its Decision to grant institution of inter partes review in Apple Inc. v. Valencell, Inc. (IPR2017-01947, Decision dated Feb. 26, 2018), the PTAB construed the term “adjacent” to have a different meaning than that proposed by the Petitioner in the Petition requesting inter partes review, and based on this claim construction, the PTAB decided that the Petitioner’s evidence in the...
Improper Broadest Reasonable Interpretation Led to Finding of Nonobviousness
In Owens Corning v. Fast Felt Corporation (decided October 11, 2017), the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board’s finding that obviousness was not proven in an inter parte review was founded on an improper interpretation of a claim element. The CAFC interpreted the claim element more broadly and concluded that the claim was obvious when...