PTAB Incorrectly Invalidates Wireless Network Patent

Written December 5, 2019

The US Court of Appeals for the Federal Circuit on November 22, 2019, held that the Patent Trial and Appeal Board (PTAB) incorrectly invalidated part of a wireless network patent when it used prohibited evidence as the basis for its conclusion. In re: IPR Licensing, Inc., Fed. Circ. 18-01805, 11/22/19.

In 2014, ZTE Corp. filed a petition for inter partes review challenging IPR Licensing, Inc.’s patent. The PTAB concluded that all challenged claims were obvious in light of the prior art. During the first appeal to the Federal Circuit, the court found that “the Board’s analysis [was] wanting[,]” and remanded for the PTAB to assess whether there was substantial evidence to support their analysis.

During this appeal, the Federal Circuit found that Patent Trial and Appeal Board reached its conclusion by erroneously relying on prior inventions and documents that weren’t part of the review of the patent at issue. 

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