PTAB Invalidates Patent in First Final Written Decision in New Inter Partes Review Proceeding
The PTAB issued its first final written decision in the new Inter Partes Review (“IPR”) post-grant proceeding on November 13, 2013, invalidating the claims under review. In its decision, the PTAB rejected patent owner Cuozzo’s proposed construction for the term “integrally attached,” rejected Cuozzo’s attempts to swear behind two key prior art references, and invalidated the three instituted claims as obvious over two combinations of prior art. Notably, the co-pending district court litigation between the parties was not stayed, but the district court judge had delayed scheduling a Markman hearing until after the PTAB’s decision. Because only three of the patent-at-issue’s 20 claims were involved in the IPR proceeding, the district court litigation will likely continue while Cuozzo presumably appeals the PTAB’s invalidity decision to the Federal Circuit.