Fed. Circ. Gives PTAB Free Hand On Claim Construction

Law360, New York (May 8, 2017, 5:43 PM EDT) -- The Federal Circuit on Monday upheld Patent Trial and Appeal Board decisions invalidating Intellectual Ventures wireless patents challenged by Google and Ericsson, ruling that the board did not violate the licensing company’s due process rights by construing claims in a way no party proposed.

The appeals court said that since Intellectual Ventures had an opportunity to argue for its proposed claim construction in the inter partes reviews, the board did not err by interpreting the patent claims differently from how either side suggested.

“The board is not constrained by the parties’ proposed constructions and is free to adopt its own construction,...

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