Fed. Circ. Sends Wearable Tech IP Back To PTAB In Fitbit Fight

Law360 (July 8, 2020, 10:44 PM EDT) -- The Federal Circuit on Wednesday gave Fitbit a second chance to invalidate claims of a Valencell patent for monitoring information like blood oxygen level and heart rate, and refused to narrow when joined parties can appeal Patent Trial and Appeal Board decisions.

The three-judge panel faulted the PTAB for not fully evaluating whether a claim was invalid in its final written decision, and then for refusing to allow an uncontroversial drafting error in the patent to be cleared up. It also shot down Valencell's arguments that Fitbit couldn't appeal these specific claims based on how the company's initial petition was framed....

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