Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK

Knowles Electronics LLC v. Iancu, Appeal No. 2016-1954 (Fed. Cir. 2018)
In an appeal from an inter partes reexamination, the Federal Circuit affirmed a decision by the PTAB invalidating a patent concerning microphones.  The case was decided on the construction of a claim term and whether a new ground of rejection was raised by the PTAB.

However, perhaps the more compelling issue for purposes of precedent was disposed of by the majority opinion in a single footnote, though garnering a 13-page dissent from Judge Newman.  That issue concerned the standing of the Director of the PTO to participate in appeals after a successful petitioner declines to participate.

The inter partes reexamination was brought by third-party requester Analog Devices, Inc.  After the PTAB ruled in its favor, Analog Devices declined to defend the judgment in its favor before the Federal Circuit on appeal.  Given the lack of an appellee, the Director of the PTO intervened, defended the PTAB’s determination, and participated at oral argument.  After oral argument was completed, the Federal Circuit accepted separate briefing on whether the Director had standing to participate.  In a page-long footnote, the panel majority held that he did.

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Written by:

Scott D. Eads and Nika F. Aldrich, Schwabe, Williamson & Wyatt