Fed. Circ. Upholds PTAB Loss For Dell On Network Patent

Law360 (March 19, 2018, 7:01 PM EDT) -- The Federal Circuit on Monday upheld a Patent Trial and Appeal Board ruling that a claim of an Acceleron computer network patent challenged by Dell is not invalid, rejecting Dell's position that a prior decision required the board to consider an argument it raised late in the case.

The decision follows a remand to the board after a 2016 Federal Circuit ruling that the PTAB denied Acceleron LLC its procedural rights by invalidating a claim based on assertions that Dell Inc. made for the first time at oral argument in an inter partes review. On remand, the board declined to consider...

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