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.



To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF