Patent Challengers Reassess Strategies After Ruling Bars Tactic

A Federal Circuit ruling barring patent challengers from adding more arguments after a patent office tribunal trial starts could drive companies to bring broader, more comprehensive challenges from the outset.

A three-judge panel at the U.S. Court of Appeals for the Federal Circuit in Facebook Inc. v Windy City Innovations LLC ruled the social media giant couldn’t join its own Patent Trial and Appeal Board challenges and introduce new issues.

Facebook has asked the full Federal Circuit to review the ruling, arguing that a recent U.S. Supreme Court ruling means the Federal Circuit can’t second-guess the patent office.

Accused patent ...