PTAB Eyes New Argument Line In BMW Cruise Control IP Row

Law360 (July 21, 2020, 8:11 PM EDT) -- A Patent Trial and Appeal Board Judge questioned Tuesday how far BMW can go before it wades into impermissible new arguments in its case challenging a Carrum Technologies LLC adaptive cruise control patent, suggesting the line isn't all that clear.

Administrative Patent Judge Jon B. Tornquist said the Federal Circuit goes "back and forth" on the propriety of new arguments, but the appeals court has held that petitioners can "certainly" respond to a patent owner's arguments.

"So where is the line that we draw about what they can do in reply?" Judge Tornquist asked.

The question came in response to arguments...

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