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ARTICLE · 24 MARCH 2022

Federal Circuit Drills Down On Plain And Ordinary Meaning In Affirming PTAB's Decision

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Apple Inc. v. MPH Technologies OY, Nos. 2021-1532, 2021-1533, 2021-1534 (Fed. Cir. Mar. 9, 2022), the Federal Circuit affirmed the PTAB's final written decisions holding that several dependent claims are not obvious.

United StatesIntellectual Property
Sneha Nyshadham
Sneha Nyshadham
Ji-Hye (Christina) Yang
Ji-Hye (Christina) Yang
Esther Lim
Esther Lim
Elizabeth Ferrill
Elizabeth Ferrill
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In Apple Inc. v. MPH Technologies OY, Nos. 2021-1532, 2021-1533, 2021-1534 (Fed. Cir. Mar. 9, 2022), the Federal Circuit affirmed the PTAB's final written decisions holding that several dependent claims are not obvious.

Apple filed inter partes reviews of three patents relating to a method for secure forwarding of a message from via an intermediate computer in a telecommunication network. The Board found several dependent claims nonobvious. Apple appealed.

The Federal Circuit affirmed, holding that Apple's claim construction arguments are inconsistent with the term's plain and ordinary meaning in view of the specification. For example, the use of passive voice in a claim does not overcome the claim's plain language indicating direct sending between claimed components. Also, a plural term is presumed to refer to two or more absent a clear disclosure to the contrary. The Federal Circuit also held that the Board properly rejected conclusory expert testimony lacking

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