12 July 2017
Washington DC
Reporter: Barney Dixon

Google invalidates IV patent

Google has successfully invalidated an Intellectual Ventures patent covering touch screen technology, following a US Court of Appeals for the Federal Circuit decision.

Google instituted inter-partes review at the US Patent Trial and Appeal Board (PTAB) over Intellectual Ventures’s patent, asserting its obviousness in light of another patent owned by Apple, but the board issued a mixed final determination, upholding some of the patent’s claims, while invalidating others.

In its 10 July decision, the Federal Circuit reversed the PTAB’s decision to uphold claims 1-3, 5, 7-10 and 12-14, arguing that the PTAB had “failed to adequately explain its contrary finding”.

“In several recent decisions, we have explained what the [PTAB] must do to permit meaningful judicial review of its final written decisions. In particular, the [PTAB] ‘must make the necessary findings and have an adequate evidentiary basis for its findings’ and ‘must examine the relevant data and articulate a satisfactory explanation for its action including a rational connection between the facts found and the choice made.”

“In the anticipation findings and obviousness determinations relevant here, the [PTAB] failed to comport with these principles.”

The Federal Circuit, however, upheld the PTAB’s anticipation and obviousness determinations on claims 19-22 and 24-30, describing Intellectual Ventures’s appeal arguments as “unpersuasive”.

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