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