Incorporating Entire Arguments by Reference Can Lead to Disastrous Outcomes

In General Access Solutions, Ltd. v. Sprint Spectrum L.P., Case No. 19-1856 (Fed. Cir. May 11, 2020) (non-precedential), General Access Solutions (“GAS”) appealed from two final written decisions of the Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”) proceeding holding that multiple claims of U.S. Patent Nos. 7,173,916 and 6,891,810 … Continue Reading

Patent Invalidated Despite Owner’s Argument Reinstated On Appeal

By John J. Lucas on June 11, 2020 Posted in Appeals, Claim Construction, Inter Partes Review, IPR, Sections 102/103

In The Chamberlain Group, Inc. v. One World Techs., Inc., Case 18-2112 (Fed. Cir. Dec. 17, 2019), the Federal Circuit held the USPTO erred in determining that Chamberlain raised a new argument during the Board’s final hearing. There, Chamberlain argued that the prior art did not anticipate certain claims of the patent. The Federal Circuit … Continue Reading