Federal Circuit Holds Inter Partes Reviews Are Constitutional

The United States Court of Appeals for the Federal Circuit held today in MCM Portfolio LLC v. Hewlett-Packard Co. that inter partes review proceedings before the Patent Trial and Appeal Board are constitutional, rejecting MCM Portfolio’s bid to escape the PTAB’s earlier ruling that invalidated the company’s patent claims.  The Federal Circuit rejected MCM Portfolio’s arguments that IPRs violate Article III and the Seventh Amendment of the Constitution. With respect to Article III, which articulates the powers of the Judicial Branch, the Federal Circuit held that actions to revoke patent rights need not be tried before federal courts.  Instead, relying   Read More »

Posted in IP and Technology Litigation, Patent Litigation, Post Grant Proceedings | Tagged , , ,

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Federal Circuit Remands Because PTAB’s Claim Construction Was “Unreasonably Broad”

The Patent Trial and Appeal Board (PTAB) administers post-grant patent proceedings under the America Invents Act. The PTAB has invalidated many patent claims, and has been referred to as a patent “death squad.” But a recent Federal Circuit decision reversed the PTAB’s holding that claims owned by Proxyconn, Inc., were invalid, delivering encouraging news to patent owners. The Federal Circuit held that the PTAB’s claim construction was “unreasonably broad,” which lead to the PTAB invalidating certain claims of Proxyconn’s patent in an inter partes review (IPR). The Federal Circuit reaffirmed the PTAB’s “broadest reasonable interpretation” standard for construing claims in IPRs, but   Read More »

Posted in Patent Litigation, Post Grant Proceedings | Tagged , ,

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