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Federal Circuit IP Blog

PTAB’s Sua Sponte Claim Construction Without an Adequate Notice Is Improper

August 6, 2021

Authored and Edited by Christina Ji-Hye Yang; Elizabeth D. Ferrill

In Qualcomm v. Intel, No. 2020-1589 (Fed. Cir. July 27, 2021), the Federal Circuit vacated the PTAB’s Final Written Decision and remanded for further proceedings. The Federal Circuit held that the PTAB violated Qualcomm’s procedural rights under the APA because it failed to provide Qualcomm an adequate notice of, and an opportunity to respond to, its sua sponte claim construction removing a claim requirement that was agreed-upon by the parties. Finnegan’s At the PTAB Blog explains the details of the decision.

Tags

claim construction, Patent Trial and Appeal Board (PTAB), United States Court of Appeals for the Federal Circuit (CAFC)

For more information

  • Qualcomm Incorporated v. Intel Corporation

Related Practices

Federal Circuit and Supreme Court Appeals

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Related Industries

AI, Electronics, and Information Technology

Electrical and Computer Technology

Related Offices

Washington, DC

Contacts

Christina Ji-Hye Yang
Partner
Washington, DC
+1 202 408 4465
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

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