Fed. Circ. Revives Part Of Hearing Aid Patent Challenge

Law360 (May 15, 2020, 4:10 PM EDT) -- The Federal Circuit on Friday revived part of a patent challenge of a hearing aid implant after finding that the Patent Trial and Appeal Board erred in determining that one of the claims could not be compared to prior art.

In a 2-1 opinion, the three-judge panel largely upheld the PTAB's decision in August 2018 that invalidated several parts of Cochlear Bone Anchored Solutions AB's patent, but threw out the board's ruling with regard to one of the claims.

That claim involved the "directivity means" of the hearing aid implant that comprises a directional microphone "and/or" a signal processor. The PTAB...

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