Federal Circuit IPR Win for Klarquist

Published February 24, 2023

Yesterday, the Federal Circuit affirmed Klarquist’s prior IPR win at the PTAB for client Microsoft. In the underlying IPR, the PTAB agreed with Microsoft that the challenged claims, directed to a handheld device to wirelessly operate a camera of a mobile device, were unpatentable as obvious, and rejected an effort by the patent owner to narrow the claims to try to avoid the cited prior art. The Federal Circuit found both that the Board properly construed the claims and that, regardless of how the claims were construed, substantial evidence supported the Board’s obviousness determination.

Sarah E. JelsemaJ. Christopher CarrawayAndrew M. Mason, and Derrick W. Toddy worked on the appellate briefs, and Derrick argued the case at the Federal Circuit. Andy, Derrick, and John D. Vandenberg worked on the PTAB briefs, and Derrick also argued at the PTAB.

The PTAB’s Final Written Decision finding the claims unpatentable can be found here, and the Federal Circuit’s Opinion affirming that Decision can be found here.