Fed. Cir.: Don’t Expect PTAB to Do Your Work For You, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

The Federal Circuit’s recent decision in Microsoft Corporation v. FG SRC, LLC, No. 2020-1928 (Fed. Cir. June 17, 2021), is a stark reminder that an IPR petitioner must always set forth its grounds in its petition with particularity.  In the decision, the Federal Circuit affirmed a decision of the Board not to adjudicate a challenged claim as unpatentable because the petitioner had not raised the specific ground for the claim in its petition.  The Board had so ruled despite having found two other claims containing similar claim limitations as obvious under the same ground.

Read the full article at

Insights by Jones Day 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 permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at This Insight is not intended to create, and neither publication nor receipt of it constitutes, 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.