Fed Circ. OKs Arthrex Do-Over In Apple Decryption Case

Law360 (May 21, 2020, 9:16 PM EDT) -- The Federal Circuit on Thursday vacated Patent Trial and Appeal Board decisions that Apple had shown Personalized Media Communications LLC's decryption patents are invalid and remanded the case for a new hearing before different PTAB judges, in light of the circuit court's ruling in Arthrex.

The three-judge panel wrote in a brief order that on remand, the board should consider the October Arthrex ruling and "may also consider" the circuit court's March ruling in another case involving these same parties that vacated a win for Apple Inc. after holding the board used an incorrect claim construction.

In the Arthrex ruling, the Federal...

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