USA: DSS Technology Management, Inc. v. Apple Inc., United States Court of Appeals, Federal Circuit, No. 2016-2523, 23 March 2018
Kluwer Patent Blog
April 3, 2018
Please refer to this post as:, ‘USA: DSS Technology Management, Inc. v. Apple Inc., United States Court of Appeals, Federal Circuit, No. 2016-2523, 23 March 2018’, Kluwer Patent Blog, April 3 2018, http://patentblog.kluweriplaw.com/2018/04/03/usa-dss-technology-management-inc-v-apple-inc-united-states-court-appeals-federal-circuit-no-2016-2523-23-march-2018/
Two final decisions of the Patent Trial and Appeal Board—each finding that certain apparatus claims of a wireless communication network owned by DSS Technology Management were invalid as obvious—have been reversed by the U.S. Court of Appeals for the Federal Circuit, because the Board failed to provide a sufficient explanation for its findings, and a more reasoned explanation could not be gleaned from the record. The Board failed to explain why it would have been obvious to a skilled artisan to modify the base station transmitter claimed in a prior art patent to be “energized in low duty cycle RF bursts,” as required by the challenged claims. Circuit Judge Pauline Newman filed a dissenting opinion (DSS Technology Management, Inc. v. Apple Inc., March 23, 2018, O’Malley, K.).
A full summary of this case has been published on Kluwer IP Law.