Insights

Judgement

Federal Circuit Three Times More Likely to Rule 36 Patent Owner-Appellants, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

When patent owners appeal PTAB decisions to the Federal Circuit, 67% of subsequent opinions are one-line Federal Circuit Rule 36 ("Rule 36") summary affirmance orders, but when petitioners appeal, that number is a mere 18%.  Chestnut Hill Sound Inc. v. Apple Inc., 774 F. App’x 676 (Fed. Cir. 2019), petition for cert. filed (U.S. Nov. 6, 2019) (No. 19-591).  In one example, Chestnut Hill Sound Inc. v. Apple Inc., the PTAB agreed with Apple in finding that Chestnut’s U.S. Patent Nos. 8,090,309 ("’309") and 8,725,063 were obvious and thus unpatentable, where the patents described incorporating an iPod into a larger media system to allow playback from multiple media libraries.  After Chestnut appealed the ‘309 patent, the Federal Circuit disposed of the appeal using just one word: "Affirmed."

Read the full article at ptablitigationblog.com.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.

 
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.