The Precedent: The Federal Circuit Provides Guidelines for Challenging Expired Patents in Apple Inc. v. Gesture Tech. Partners, LLC

In this edition of The Precedent, we outline the decision in Apple Inc. v. Gesture Tech. Partners, LLC. In Apple Inc., v. Gesture Tech Partners, LLC, the Federal Circuit reviewed the Patent Trial and Appeal Board’s (PTAB) determination of patentability of claims 1-7 of expired U.S. Patent No. 8,878,949 (the ´949 Patent) during an Inter Partes Review (IPR). In doing do, the Federal Circuit addressed the PTAB’s jurisdiction to conduct IPRs over expired patents under the public-rights doctrine and…
By: Vorys, Sater, Seymour and Pease LLP