• Jul 18 2018
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  • Category: CAFC Updates

TF3 Limited appeals the decision of the PTAB in an inter partes review of U.S. Patent No. 8,651,118 that relates to a “hair styling device” that automates the curling of hair. Tre Milano challenged the validity of claims 1–5 and 11, and did not challenge the validity of claims 6–10 and 12–15 of the ’118 Patent. The PTAB instituted review of all of the claims that were challenged.  The CAFC concludes that the Board erred in its finding of anticipation by erroneously construing, thereby broadening the claims beyond the description in the ’118 Patent specification. On the correct claim construction, the CAFC found that the claims are not anticipated and conclusion of invalidity on the ground of anticipation was reversed.

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