On remand from the
Federal Circuit, the PTAB ruled that a patentee's
certificate of correction—issued after the Board invalidated
the claims in a final written decision—could not be applied
retroactively.
After the IPR petition was filed, the patentee filed a petition
for a certificate of correction for the challenged patent.
Specifically, the patentee sought the correction of the claimed
priority date in order to remove an earlier patent as prior
art—a patent the Board relied on to invalidate all of the
challenged claims. Due to various errors in the patentee's
petitions for correction, the certificate of correction did not
issue until five months after the Board's final written
decision, and three months after the patentee filed its notice of
appeal. During the appeal, the patentee filed a motion with the
Federal Circuit asking it to remand the case to the Board to
consider the effect of the certificate of correction. The Federal
Circuit granted the motion, stayed
