Federal Circuit Finds No Due Process Violation Stems from Inconsistent Positions on Patent Ownership at PTAB, ITC

"Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a pair of precedential decisions involving appeals from U.S. federal agency determinations on the patent rights of North Carolina-based energy demand response developer Causam Enterprises. The Federal Circuit affirmed the invalidation of Causam's patent rights and mooted further infringement proceedings after finding that inconsistent positions on patent ownership taken by respondent ecobee in alternative forums did not present a constitutional due process issue."

"At issue in Causam's appeals from the Patent Trial and Appeal Board (PTAB) and the U.S. International Trade Commission (ITC) is U.S. Patent No. 10394268, Method and Apparatus for Actively Managing Consumption of Electric Power Over an Electric Power Grid. Causam asserted the '268 patent, which protects techniques for actively controlling electric power load management for individual customers, in Section 337 proceedings at the ITC."

The Federal Circuit issued two precedential rulings and affirmed the invalidation of U.S. Patent No. 10,394,268 owned by Causam Enterprises, mooting further infringement proceedings. The '268 patent covers methods and apparatus for actively managing electric power consumption for individual customers. ecobee filed an inter partes review at the PTAB naming Causam as the patent owner, while arguing at the ITC that Causam lacked ownership due to a prior inventor assignment. The PTAB proceeded with the IPR because Causam had asserted ownership before the Board. The Federal Circuit found Article III standing but limited due process claims to the party claiming true ownership.

Read at IPWatchdog.com | Patents & Intellectual Property Law