Appealing PTAB Loss, IV Finds Tough Crowd At Fed. Circ.

Law360, Washington (June 6, 2017, 4:34 PM EDT) -- Intellectual Ventures faces tough odds of reviving a wireless communications patent successfully challenged by Ericsson after it struggled to convince a Federal Circuit panel during oral arguments Tuesday that the Patent Trial and Appeal Board made a crucial error in claim construction.

Judge Timothy B. Dyk, a member of the three-judge panel, repeatedly voiced his concern that Intellectual Ventures II LLC had not pointed to expert testimony showing how the PTAB’s construction of a claim term during Ericsson’s America Invents Act review was problematic.

“I want to see testimony,” Judge Dyk told Intellectual Ventures’ lawyer Michael E. Joffre of Sterne Kessler...

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