Mic Drop: PTAB Not Bound by Prior Federal Circuit Decisions

In a split decision, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision finding a patent invalid despite a 2011 Federal Circuit decision that upheld the validity of the same patent. Knowles Electronics LLC v. Cirrus Logic, Inc., Case No. 16-2010 (Fed. Cir., Mar. 1, 2018) (Wallach, J) (Newman, J, dissenting).

Knowles owns a patent directed to microelectromechanical system (MEMS) packages having a substrate, a microphone and a cover accommodating the microphone. According to the patent, the MEMS packages shield the microphone from interference signals or environmental conditions and improve over prior art drawbacks associated with manufacturing. Cirrus initiated an inter partes re-examination proceeding challenging certain claims of the patent. In the proceeding, the PTAB affirmed the examiner's rejection of certain claims for anticipation based on the construction of the term "package." The PTAB also affirmed the