ARTICLE · 28 JUNE 2017

Sometimes It's Better To Forgo Appeal

McDermott Will & Emery

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The US Court of Appeals for the Federal Circuit affirmed in part and reversed in part cross-appeals of two inter partes review (IPR) decisions (IPR2014-00295 and IPR2014-00476) based on various arguments...

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The US Court of Appeals for the Federal Circuit affirmed in part and reversed in part cross-appeals of two inter partes review (IPR) decisions (IPR2014-00295 and IPR2014-00476) based on various arguments relating to claim construction and prior art disclosure, and, in doing so, added to the list of challenged claims that the Patent Trial and Appeal Board (PTAB) had determined were unpatentable. Wasica Finance GmbH v. Continental Automotive Systems Inc., et al., Case Nos. 15-2078; -2079; -2093; -2096 (Fed. Cir., Apr. 4, 2017) (Schall, J).

In the PTAB proceedings, some of the challenged claims were found to be unpatentable and others not. The patent owner appealed, and the petitioner cross-appealed.

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