Unsupported Expert Opinion Insufficient To Contradict The Prior Art, PTAB Litigation Blog

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In Ericsson Inc. v. Intellectual Ventures I LLC, No. 2016-1671, 2018 WL 2407172 (Fed. Cir. 2018), a divided panel of the Federal Circuit reversed a PTAB decision that had sustained the patentability of claim 1 of U.S. Patent No. 6,952,408 (“the ’408 patent”). At bottom, the panel disagreed as to whether or not the PTAB’s findings of fact were supported by substantial evidence.

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