Rules restricting certain patent appeals imposed by the Federal Circuit undermine the America Invents Act’s system for quickly and efficiently challenging patent validity, two architects of the bill told the U.S. Supreme Court in their support of a petition filed by Apple Inc.
The U.S. Court of Appeals for the Federal Circuit held in April that a settlement with patent owner Qualcomm Inc. barred Apple from appealing Patent Trial and Appeal Board decisions upholding two patents. Without parallel litigation, Apple can’t show a non-speculative injury it will face if the patents remain valid, the court said.
