Addressing Patent Trial and Appeal Board (PTAB) inter
partes review (IPR) decisions finding some, but not all,
challenged claims unpatentable, the US Court of Appeals for the
Federal Circuit affirmed the PTAB's determination finding the
apparatus claims unpatentable but sparing the method claims.
ParkerVision, Inc. v. Qualcomm Inc., Case Nos. 2017-2012, -2013, -2014, -2074 (Fed.
Cir. Sept. 13, 2018) (O'Malley, J).
Qualcomm filed three IPR petitions against a ParkerVision patent
directed to devices and methods for up-converting low frequency
signals. The first and second petitions targeted both apparatus and
method claims and relied on a first set of prior art references.
The third petition targeted other apparatus claims and relied on a
second set of prior art. The PTAB instituted review for all three
petitions.