“Navigating the Competing Constraints of Parallel Proceedings May, No Doubt, Present Challenges”
March 9, 2025
On Friday, the Federal Circuit upheld the cancellation by the Patent Trial and Appeal Board (PTAB) of claims from three AliveCor patents, including the claims that had formed the basis of AliveCor’s win against Apple before the International Trade Commission (ITC) in 2022. The appeals court ruled that the PTAB’s obviousness findings are supported by substantial evidence and that AliveCor failed to preserve its evidentiary argument concerning secondary indicia of nonobviousness by not raising it with the Board. It has ordered the ITC to dismiss the results of its investigation as now moot.
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