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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS