Error In Declaration Insufficient To Sink IPR

Error In Declaration Insufficient To Sink IPR, PTAB Litigation Blog

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In a precedential opinion, the Court of Appeals for the Federal Circuit vacated a final written decision in which the Patent Trial and Appeal Board (“PTAB”) found that Apple had failed to meet its burden of showing unpatentability due to an error in its expert declaration. Apple Inc. v. Corephotonics, Ltd., Nos. 2022-1350, 2022-1351 (Fed. Cir. Sep. 11, 2023). The Federal Circuit held that the PTAB’s decision violated the Administrative Procedure Act (“APA”) because the decision was based on a ground not raised by any party.

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