Petitioner's Reply May Expand Presented Arguments And Address New Claim Constructions

On August 27, 2018, the Federal Circuit vacated and remanded the PTAB's finding that claims 1-3, 6-9, and 12-14 of U.S. Patent No. 5,602,831 ("the '831 Patent") are not unpatentable under 35 U.S.C. § 103. See Ericsson Inc. v. Intellectual Ventures I LLC, __ F.__, slip op. (Fed. Cir. 2018). The Federal Circuit held that the PTAB improperly failed to consider portions of Petitioner Ericsson's Reply.

The '831 Patent relates to minimizing transmission errors in wireless communications systems when a receiver is moving. Signal fading and signal drop-outs are common and can result in "burst errors" that distort large portions of a transmission. Various techniques exist to minimize the effects of burst errors. The '831 Patent particularly notes that one "such technique for reducing the effects of burst errors involves interleaving multiple message packets together thus creating better burst error correction capabilities." The '831 Patent, col. 2, ll 4-6. Interleaving