No En Banc Review Of Intellectual Ventures’ PTAB Loss

Law360, New York (July 27, 2017, 8:01 PM EDT) -- The Federal Circuit on Thursday rejected Intellectual Ventures’ request to rehear en banc its ruling that the Patent Trial and Appeal Board did not violate the licensing company’s due process rights by failing to notify it of, and give it the opportunity to rebut, the claim construction.

In its brief, two-page ruling, the Federal Circuit rejected Intellectual Ventures II LLC’s argument that the PTAB’s power to use a claim construction — which neither party advocated when it invalidated wireless patents challenged by Google Inc. and Ericsson Inc. — doesn’t absolve it of its requirement under the Administrative Procedure Act to timely...

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