
Error In Declaration Insufficient To Sink IPR, PTAB Litigation Blog
Visit the PTAB Litigation Blog
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.
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.