Non-Profit Organization Appellee Described as Representing the Public Interest Not Excluded from Appearing in Court to Defend a PTAB Decision

PERSONAL AUDIO v. ELECTRONIC FRONTIER FOUNDATION: August 7, 2017.  Before Newman, Clevenger, and O’Malley   Takeaway: A non-profit organization appellee described as representing the public interest is not excluded from appearing in court to defend a PTAB decision in view of the Consumer Watchdog decision with the appellant satisfying the …

PTAB Cannot Treat Pre-AIA Means-Plus-Function Limitations As Purely Functional Under the Broadest Reasonable Interpretation Standard

IPCOM GMBH & CO. v. HTC CORPORATION: July 7, 2017. Before Prost, Clevenger, Chen. Takeaway: Pre-AIA §112 ¶ 6 (means-plus-function) claim construction analysis requires that the Board not only identify the particular claimed function, but also identify the corresponding structure, material, or acts that perform that function in the specification. …

Unsupported Declaration by an Interested Party is Insufficient to Remove § 102(e) Prior Art Reference

EMERACHEM HOLDINGS, LLC, v. VOLKSWAGEN GROUP OF AMERICA, INC.: No. 2016-1984; June 15, 2017.  Before Moore, Clevenger, and Chen. Takeaway: An uncorroborated declaration by an interested inventor may not be sufficient to show that a reference is not “by another” for the purposes of removing the reference as prior art …

In Finding Nonanticipation, the Court Cannot Distinguish the Prior Art Based on Features That Are Not Claim Imitations

MELCHIOR v. HILITE INTERNATIONAL: Dec. 12, 2016. Before Dyk (majority), Newman (concur), and Clevenger. (nonprecedential)                                                            Takeaway: Prior art cannot be distinguished on …

Federal Circuit Reverses PTAB Obviousness Finding

Authored by Paul T. Qualey and Andrew D. Kasnevich Digest of CUTSFORTH, INC. V. MOTIVEPOWER, INC., No. 2015-1316 (Fed. Cir. Jan. 22, 2016). On appeal from PTAB in No. IPR2013-00274. Before Prost, Clevenger, and Moore. Procedural Posture: Patentee appealed the PTAB’s final written decision that claims are unpatentable as obvious under …