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CAFC Updates


By March 9, 2022No Comments

Apple appeals from three Board inter partes review (IPR) final written decisions collectively holding Apple failed to show certain claims of U.S. Patent Nos. 9,712,494; 9,712,502; and 9,838,362 would have been obvious. The patents relate to improving secure messaging between arbitrary hosts (e.g., messaging across local area networks (LANs), private and public wide area networks (WANs), or the internet) utilizing Internet Protocol (IP) security protocols.  The CAFC rejects Apple’s various arguments that the Board misconstrued the claims.  On motivation to modify the prior art to use more than one field, Apple faults the Board for rejecting its expert’s testimony, but the CAFC notes that the Board was free to reject Apple’s expert’s testimony based on a lack of factual support, and finds no use or endorsement of an erroneous obviousness standard in the Board’s analysis. Therefore, the CAFC affirms the Board’s final written decisions.

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