Petitioner: Board Should Have Instituted Review Of Apple Design Patent

(October 19, 2023, 1:18 PM EDT) -- WASHINGTON, D.C. — A recent decision by the Patent Trial and Appeal Board that denied institution of inter partes review (IPR) of sensor technology used in the Apple Watch conflicts with Federal Circuit U.S. Court of Appeals precedent that a design patentee’s own product can establish functionality, the petitioner maintains in an Oct. 18 request for rehearing by the director of the U.S. Patent and Trademark Office....