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Federal Circuit Issues First Reversal & Remand of an Inter Partes Review

  • 06.18.15
  • Jon E. Wright, Pauline M. Pelletier
  • Sterne, Kessler, Goldstein & Fox

The Federal Circuit issued its first reversal and remand of a final decision in an inter partes review issued by the Patent Trial and Appeal Board (PTAB). In Microsoft Corporation v. Proxyconn, Inc., No. 14-1543, the Court held that the PTAB’s constructions of the phrases “two other computers,” “sender/computer,” and “receiver/computer” were unreasonably broad, and remanded for further proceedings consistent with its opinion. The Court’s decision marks the first ever reversal of an inter partes review decision by the PTAB, after 18 straight affirmances.

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