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ARTICLE · 03 AUGUST 2022

A Stitch In Time Saves Nine, Unless It Doesn't

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In SynQor, Inc. v. Vicor Corp., No. 20-1259 (Fed. Cir. June 17, 2022) (non-precedential), the Court of Appeals for the Federal Circuit vacated the decision of the Patent Trial and Appeal Board upholding a rejection of claims 49 and 50 of U.S. Pat. No. 7,272,021 ("the '021 patent").

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Amanda Murphy
Amanda Murphy
Stacy Lewis
Stacy Lewis
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Holding:

In SynQor, Inc. v. Vicor Corp., No. 20-1259 (Fed. Cir. June 17, 2022) (non-precedential), the Court of Appeals for the Federal Circuit vacated the decision of the Patent Trial and Appeal Board upholding a rejection of claims 49 and 50 of U.S. Pat. No. 7,272,021 ("the '021 patent").

Background:

SynQor sued Vicor for infringement, and then Vicor filed a request for inter partes reexamination of several patents, including the '021 patent and a related patent, U.S. Patent No. 7,072,190 ("the '190 patent").1 Inter partes reexamination was granted on both patents, with the reexamination of the '190 patent proceeding to final resolution first. The examiner rejected all challenged claims of the '190 patent, including claims 34-38 that SynQor sought to add during reexamination. Id. at *2. The Board reversed, and then the Federal Circuit reversed-in-part, vacated-in-part, and remanded "for the Board to consider the examiner's obviousness rejections in light of

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