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

Visit the Jones Day PTAB Litigation Blog.

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.

Read the full article at