In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate court disagreed that Ericsson raised a new theory in its reply brief and thus the Board erred in not considering those portions of the reply brief. “The Board’s error was parsing Ericsson’s arguments on reply with too fine of a filter,” the Federal Circuit found. Ericsson’s petition for IPR described how a person with ordinary skill in the art would be familiar with the concept of interleaving. The CAFC further found that the PTAB’s error was exacerbated by the fact that the new claim constructions proposed by Intellectual Ventures after institution gave rise to the significance of interleaving in the proceeding. In light of this, the Federal Circuit found that Ericsson deserved an opportunity to respond to the new construction.
The post Federal Circuit Vacates PTAB Decision for Failure to Consider Ericsson Reply Brief appeared first on IPWatchdog.com | Patents & Patent Law.
Patent
- Enablement
- Fee Shifting
- Litigation
- Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad
- An Alternative to Claim Mirroring in Initial Patent Application Filing
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- New Federal Law and FTC Rule Will Imperil Trade Secret Protection
- Copyright Office Officially Cancels Registration for AI Graphic Novel
Recent Posts
- Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad
- An Alternative to Claim Mirroring in Initial Patent Application Filing
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- New Federal Law and FTC Rule Will Imperil Trade Secret Protection
- Copyright Office Officially Cancels Registration for AI Graphic Novel