Sony Nets Appellate Win on PTAB’s Imaging Patent Invalidation
Written March 3, 2020
The US Court of Appeals for the Federal Circuit on February 25, 2020, affirmed the invalidation of Collabo Innovation Inc.’s imaging device patent. Collabo Innovations, Inc. v. Sony Corporation, Fed. Cir., No. 19-01152, 2/25/20.
Sony. Corp. challenged the patent at the Patent Trial and Appeal Board (PTAB) after Collabo sued the company for infringement in the US District Court for the District of Delaware. Collabo lost, and on appeal it argued that the PTAB findings should be reversed due to the board adopting a construction of the term “reflecting walls” in the patent that was overly broad. Sony, however, said that Collabo waived the claim construction argument because it hadn’t raised it before the PTAB in a timely fashion.
The Federal Circuit said that it agreed with the PTAB’s conclusion that Collabo failed to present a timely argument regarding relevant patent language, and that “substantial evidence supports” PTAB’s findings regarding prior art.