In Dell, Inc. v. Acceleron, LLC, 884 F.3d 1364 (Fed. Cir. 2018), the Federal Circuit determined that the Patent Trial and Appeal Board was not required to consider arguments first presented by the petitioner at oral argument, despite having remanded an earlier appeal of the Board’s decision for that very purpose. In that earlier appeal, the court had concluded that the Board deprived patent owner, Acceleron, a fair opportunity to rebut new arguments petitioner Dell presented during oral argument—arguments that convinced the Board to cancel Acceleron’s patent claims. The court had vacated the Board’s decision and remanded for reconsideration. On remand, the Board elected not to consider Dell’s new argument and, reversing itself, the Board found as a consequence that Dell had failed to establish that the challenged claims were anticipated.
Continue Reading “Your Call”: Fed. Cir. Says OK not to Reconsider Despite Remand