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Federal Circuit Upholds Claim Construction – No Due Process Violations, PTAB Litigation Blog

June 2017

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On May 8, 2017, in Intellectual Ventures II LLC v. Ericsson Inc., 15-1739, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) inter partes review (IPR) claim constructions in a non-precedential decision.  Relying on its decision in Abbott Labs. v. Cordis Corp., 710 F.3d 1318, 1328 (Fed. Cir. 2013), the court held that Intellectual Ventures II LLC had both notice and an opportunity to be heard during the IPRs and therefore no due process violations had occurred.  Additionally, in applying a de novo standard of review to the construed claims, the court held the PTAB had not erred.  Ultimately, the Intellectual Ventures II LLC patents at issue were invalidated on obviousness grounds in view of the affirmed claim constructions.

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