Fed. Circ. Rules PTAB Wrongly Axed Streaming Patent

Law360 (August 26, 2019, 5:28 PM EDT) -- The Federal Circuit on Monday threw out a Patent Trial and Appeal Board decision invalidating a streaming media patent that was challenged by adult entertainment companies, among others, saying the board misinterpreted a key term in the patent.

In a 12-page nonprecedential opinion, a three-judge panel ruled that the PTAB erred in finding a claim for the data transmission rate in WAG Acquisition LLC’s U.S. Patent No. 8,122,141 invalid as anticipated in light of an earlier patent known as Carmel.

Specifically, the PTAB improperly interpreted the claim term “rate” to include the rate at which data is transmitted over “multiple links,”...

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