Panel:  Patent Board Erroneously Rejected Supplemental Briefing

Mealey's (February 21, 2020, 1:00 PM EST) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Feb. 21 found that although the Patent Trial and Appeal Board properly determined that a challenger failed to demonstrate that a prior art reference anticipated two claims of a data security and storage patent, the board abused its discretion when it rejected arguments of invalidity made with regard to a third claim in a supplemental brief (Kingston Technology Company Inc. v. Spex Technologies Inc., No. 19-1256, Fed. Cir.)....