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ARTICLE · 14 MARCH 2025

Federal Circuit Rules That Order Of Steps Sometimes Does Matter

Jones Day
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Back in May of 2020, European patent-licensing company Sisvel filed a flurry of lawsuits against a dozen tech companies who had allegedly infringed Sisvel's portfolio of wireless communication and networking patents.

United StatesIntellectual Property
Simon Maxwell
Simon Maxwell
Carl Kukkonen III
Carl Kukkonen III
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Back in May of 2020, European patent-licensing company Sisvel filed a flurry of lawsuits against a dozen tech companies who had allegedly infringed Sisvel's portfolio of wireless communication and networking patents. A consortium of tech companies, including Telit Cinterion, reciprocated by filing IPR petitions challenging the claims being asserted by Sisvel.

Lately, these IPRs have not been going well for the patent pooling giant, at least on appeal. The Federal Circuit issued a series of decisions either affirming the PTAB's decisions to declare Sisvel's claims unpatentable, or vacating the PTAB's decisions to uphold Sisvel's claims. A recent ruling in the case of Telit Cinterion Deutschland GmbH v. 3G Licensing S.A. is no exception to this apparent trend. On February 3, 2025, the Court vacated the Board's determination that two of Sisvel's substitute claims were patentable, finding error in their proposed claim construction.

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