Posts Tagged: "Ericcson v. Intellectual Ventures"

Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 was not anticipated or obvious. On appeal, the Federal Circuit reversed with respect to claim 1 and vacated and remanded as to the remaining claims. Judge Wallach dissented, saying he thought the majority improperly substituted its own factual findings for those of the PTAB.