Fed. Circ. Vacates PTAB Invalidation Of Now-Expired Patent

By Adam Lidgett (June 17, 2022, 7:08 PM EDT) -- A split Federal Circuit panel has thrown out the Patent Trial and Appeal Board's rejection of a pair of claims in a SynQor power converter patent, saying the patent had expired before the board entered a final decision.

In a Friday decision, the majority of the three-judge panel vacated the PTAB's February 2019 finding that two claims in U.S. Patent No. 7,272,021 — which is now expired — were not patentable.

The majority said the patent-at-issue expired before the appellate process at the board was finished, so the claims the company tried to add would "never issue regardless of their merits."...

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