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Challenge to Patent Board Disclaimer Rule Rejected on Appeal

Nov. 16, 2021, 4:49 PM

The Patent Trial and Appeal Board properly ruled against a patent owner after he voluntarily relinquished the claims of a rollover prevention invention, the Federal Circuit said.

Arsus LLC abandoned its U.S. Patent No. 10,259,494 after the Patent Trial and Appeal Board instituted review requested by Unified Patents LLC. The board construed the statutory disclaimer as a request for adverse judgment.

Arsus appealed, telling the U.S. Court of Appeals for the Federal Circuit at argument Nov. 2 that the board’s ruling is “like firing into a dead body.” The judges pushed back on this argument at the hearing, and affirmed ...