In DSS Technology Management v.
Apple, the Federal Circuit reversed a holding of
unpatentability of claims that the PTAB considered plainly obvious
in an IPR. The Federal Circuit found that merely stating that the
claims were obvious did not fill a gap in the case of obviousness,
such that the PTAB had failed to provide a sufficient explanation
for its conclusion. The Federal Circuit then reversed the finding
of obviousness (rather than remanding for the PTAB to elaborate),
reasoning that there was insufficient evidence in the record to
enable the PTAB to offer an adequate explanation—leaving the
claims intact.
At issue were claims to a wireless network for wireless
communication between a server and portable, battery-powered
devices. The parties did not dispute that a single reference showed
most of the claimed elements, including a server and portable,
battery-powered devices with transmitters that were "energized
in low duty cycle RF bursts," as a way to conserve
