The Patent Trial and Appeal Board (PTAB) did not err by declining to consider a patentee’s claim construction arguments raised for the first time at oral argument.
The holder of a patent for retail point-of-sale of cards allowing a purchaser to download specified content from the internet was not entitled to reversal of a PTAB decision finding challenged claims 1-20 invalid for obviousness, the U.S. Court of Appeals for the Federal Circuit has held. The only contentions of error the inventor made were issues of claim construction, which he forfeited by not raising them at the appropriate time during the inter partes review proceeding (Driessen v. Best Buy Co., Inc., March 9, 2023, per curiam).
Case date: 09 March 2023
Case number: No. 22-1907
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.