"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a precedential decision in In Re: Gesture Technology Partners, LLC, affirming in part and dismissing in part an appeal from the Patent Trial and Appeal Board (PTAB). The decision affirmed the PTAB's invalidation of two claims of Gesture's patent on motion-sensing technology and confirmed the Board's authority to rule on expired patents."
"The case reached the Federal Circuit after the PTAB affirmed an examiner's decision in an ex parte reexamination that rejected claims 11 and 13 of Gesture's U.S. Patent No. 7,933,431. Samsung Electronics Co. requested the examination; while this ex parte reexamination was pending, two inter partes review (IPR) proceedings concerning the '431 patent also concluded. The IPRs, initiated by Apple Inc. and by Unified Patents LLC, resulted in the invalidation of several other claims of the '431 patent."
The Federal Circuit issued a precedential decision in In Re: Gesture Technology Partners, LLC, affirming in part and dismissing in part an appeal from the Patent Trial and Appeal Board. Circuit Judge Lourie authored the opinion, joined by Circuit Judges Bryson and Chen. The court affirmed the PTAB's rejection of claims 11 and 13 of U.S. Patent No. 7,933,431 as anticipated by Liebermann and confirmed the Board's authority to adjudicate expired patents. The court held that 35 U.S.C. § 315(e)(1) does not require termination of an ex parte reexamination and clarified that a third party that participated in an IPR is not estopped from pursuing different proceedings at the Patent Office.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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