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ARTICLE · 21 AUGUST 2024

No Requirement To Raise All Arguments In Rehearing Request

Jones Day
Jones Day
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The Federal Circuit in Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. Aug. 1, 2024) (Lourie, Chen, and Cunningham), affirmed the PTAB's determination that claims of Voice Tech Corp.'s ...

United StatesIntellectual Property
Lisamarie LoGiudice
Lisamarie LoGiudice
Joseph (Joe) Farley
Joseph (Joe) Farley
Matthew Johnson
Matthew Johnson
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The Federal Circuit in Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. Aug. 1, 2024) (Lourie, Chen, and Cunningham), affirmed the PTAB's determination that claims of Voice Tech Corp.'s ("Voice Tech") U.S. Patent No. 10,491,679 ("the '679 patent"), which covers technology for controlling a computer via a mobile device using voice commands, were obvious. A key holding of the case is that a party's choice to not re-raise an argument in its request for rehearing to the Board does not, in and of itself, forfeit the argument for review by the Federal Circuit. Slip op. at 9.

Unified Patents, LLC ("Unified") filed a petition for inter partes review ("IPR"), challenging certain claims of the '679 patent. Id. at 4. The Board instituted review and issued a Final Written Decision finding all challenged claims unpatentable over a combination of prior art references. Id. at 4-5. Voice Tech requested rehearing, arguing the Board misapprehended or overlooked

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