PTAB Used Wrong Standard For Piracy Patent, Fed. Circ. Told

Law360, Washington (September 5, 2017, 3:59 PM EDT) -- A nonpracticing entity squaring off with major video game developers urged a Federal Circuit panel in oral arguments Tuesday to revive an anti-software piracy patent nixed by the Patent Trial and Appeal Board, arguing the PTAB applied the wrong legal standard to find the technology invalid.

The PTAB improperly sided with gaming companies Sega of America Inc. and Ubisoft Inc., an attorney for Uniloc USA Inc. argued, in part because the board looked to the underlying structure disclosed by the prior technology on which the patent owner relied.

"There's simply no substantial evidence" for the PTAB's invalidation ruling on the '216...

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