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Federal Circuit Skeptical of Challenge to Patent Board Rule

Nov. 2, 2021, 8:14 PM

A Federal Circuit panel didn’t seem swayed by a patent owner’s argument on the effect of its decision to voluntarily relinquish the claims of a rollover prevention invention.

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 Tuesday that the board’s ruling is “like firing into a dead body.” The board didn’t have the power to grant adverse judgment because the ...