"The Federal Circuit concluded that by adopting a claim construction proposed after the institution and then preventing Apple from responding to it, the Board failed to provide Apple with the 'adequate notice and an opportunity to respond' mandated by the APA and the Axonics decision."
"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday vacated and remanded a final written decision from the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) proceeding. The court concluded that the Board erred by denying petitioner Apple Inc. an adequate opportunity to respond to a new claim construction argument raised by patent owner Smart Mobile Technologies LLC after the IPR was instituted."
"Apple challenged U.S. Patent No. 9,191,083, owned by Smart Mobile, which is described as a 'portable and wireless enabled' network box designed to transmit and receive multiple data streams simultaneously. The technology at issue involves using a 'plurality of antennas' to handle these simultaneous data streams. After instituting the IPR, the Board ultimately determined that Apple had not shown by a preponderance of the evidence that the challenged claims of the '083 patent were unpatentable as obvious."
Federal Circuit vacated and remanded a PTAB final written decision in an IPR after finding the Board denied Apple adequate opportunity to respond to a new claim-construction argument raised post-institution. The challenged patent, U.S. Patent No. 9,191,083, covers a portable wireless network box that transmits and receives multiple data streams using a plurality of antennas. The Board construed "plurality of antennas" to require at least some antennas to be bidirectional, rejecting Apple's alternative reading of separate transmit and receive antenna sets. Applying that construction, the Board found Apple had not shown unpatentability by a preponderance of the evidence.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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