Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in ZyXEL Communications Corp. v. UNM Rainforest Innovations affirming obviousness findings entered by the Patent Trial and Appeal Board (PTAB) over UNM Rainforest Innovations’ (UNMRI) arguments that ZyXEL’s expert witness misrepresented his contributions to an expert report relied upon by the Board. The Federal Circuit also reversed the PTAB’s finding that one of UNMRI’s challenged patent claims was nonobvious and remanded UNMRI’s substituted claims to the PTAB to consider if those claims are invalid under collateral estoppel.

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