United States: PTAB's Sua Sponte Claim Construction Without An Adequate Notice Is Improper
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In Qualcomm v. Intel, No. 2020-1589 (Fed. Cir. July 27, 2021), the Federal Circuit vacated the PTAB's Final Written Decision and remanded for further proceedings. The Federal Circuit held that the PTAB violated Qualcomm's procedural rights under the APA because it failed to provide Qualcomm an adequate notice of, and an opportunity to respond to, its sua sponte claim construction removing a claim requirement that was agreed-upon by the parties. Finnegan's At the PTAB Blog explains the details of the decision.
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