Federal Circuit Patent Update - August 28, 2018

Precedential Federal Circuit Opinions

1. ERICSSON INC. v. INTELLECTUAL VENTURES I LLC [OPINION] (2017-1521, 08/27/2018) (REYNA, TARANTO and CHEN)

Reyna, J. Vacating and remanding the PTAB's IPR decision because the PTAB erred in not considering portions of the petitioner's reply brief. Specifically, the PTAB erred in determining that certain reply arguments were improper new arguments under 37 C.F.R. § 42.23(b). The Court held that the petitioner's reply arguments should have been considered because they cited "no new evidence and merely expand[ed] on a previously argued rationale as to why the prior art disclosures are insubstantially distinct from the challenged claims."

2. IN RE: MAATITA [OPINION] (2017-2037, 08/20/2018) (DYK, REYNA and STOLL)