Apple’s PTAB Argument Should Have Been Heard, Fed. Cir. Says
Written February 12, 2020
The US Court of Appeals for the Federal Circuit on February 7, 2020, held that the Patent Trial and Appeal Board (PTAB) erred when it chose not to consider arguments Apple Inc. raised in an IPR-related board filing. Apple Inc. v. Andrea Elecs. Corp., Fed. Cir., No. 2018-2382, 2/7/20.
Andrea Electronics Corp. sued Apple for infringing US Patent No. 6,363,345, covering aspects of digital audio processing. Apple challenged the validity of claims of the patent in two petitions at the PTAB and the board invalidated most of the challenged claims; however, it declined to consider Apple’s responsive arguments, finding that the arguments raised a new theory of unpatentability for the first time in reply.
On appeal, the Federal Circuit noted that Apple’s reply brief didn’t raise a new argument, and it should have been considered before the board decided to invalidate some parts of the patent.
Andrea Electronics Corp. sued Apple for infringing US Patent No. 6,363,345, covering aspects of digital audio processing. Apple challenged the validity of claims of the patent in two petitions at the PTAB and the board invalidated most of the challenged claims; however, it declined to consider Apple’s responsive arguments, finding that the arguments raised a new theory of unpatentability for the first time in reply.
On appeal, the Federal Circuit noted that Apple’s reply brief didn’t raise a new argument, and it should have been considered before the board decided to invalidate some parts of the patent.