• Jan 14 2019
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  • Category: CAFC Updates

Amazon petitioned for inter partes review of (IPR) of AC Technologies S.A.’s U.S. Patent No. 7,904,680  (relating generally to data access and management), presenting three grounds. At institution, the Patent Trial and Appeal Board instituted review based on two of the three grounds. The Board issued a final written decision ruling certain claims of the ‘680 Patent unpatentable. On reconsideration, the Board invalidated the remaining claims based on the ground of unpatentability raised in the petition but not addressed in the final written decision. AC appeals, arguing that the Board exceeded its authority and deprived it of fair process by belatedly considering this ground. The CAFC disagrees, noting that precedent mandates that the Board consider all grounds of unpatentability raised in an instituted petition. Because the Board complied with due process, and AC does not persuasively argue that the Board erred in either its claim construction or its ultimate conclusions of unpatentability, the CAFC affirms.

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