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ARTICLE · 01 JULY 2025

RPI Arguments Must First Be Raised At The PTAB

Jones Day
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Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS]...

United StatesIntellectual Property
Emily C. Towers
Emily C. Towers
Thomas Ritchie
Thomas Ritchie
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Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS]

The Federal Circuit affirmed the PTAB's Final Written Decision that 29 of 31 claims of Gesture Technology Partners's patent no. 7,933,431 ("the ʼ431 patent") are unpatentable under § 103, and that two claims are not unpatentable because (1) Gesture had forfeited its standing argument and (2) PTAB properly applied the obviousness standard and considered all evidence.

For the first time on appeal, Gesture argued that Apple lacked standing on the grounds that 35 U.S.C. § 315(e)(1) bars Apple's IPR because Apple is a member of Unified Patents, LLC, and is therefore a real party in interest to Unified's earlier-filed IPR against the ʼ431 patent. The Court held that Gesture had forfeited this argument by failing to raise it before the Board.

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