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Ericsson Inc. v. Intellectual Ventures I LLC

PTAB’s Apparent Misunderstanding of Technology Not Entitled to Deference

Ericsson Inc. v. Intellectual Ventures I LLC, __ F.3d __, 2018 WL 2407172 (Fed. Cir. May 29, 2018) (Prost, NEWMAN, Wallach (dissenting)) (PTAB) (2 of 5 stars)

Fed Cir part-reverses, part-vacates PTAB’s IPR determination of patentability. Substantial evidence did not support the PTAB’s determination that claim 1 (the only claim it expressly analyzed) was not anticipated. Testimony from IV’s expert that the reference differed from claim 1 was unsupported by the evidence. Substantial evidence also did not support the PTAB’s determination of nonobviousness.

Dissent: Judge Wallach would have deferred to the PTAB on both anticipation and obviousness.

KEYWORDS: INTER PARTES REVIEW; ANTICIPATION (NO)