Federal Circuit Win in IPR Appeal for Best Buy, Target, and Walmart

Published March 9, 2023

Today the Federal Circuit affirmed a PTAB decision that Klarquist had obtained for clients Best Buy Co., Target Corporation, and Walmart, Inc. The PTAB had determined that all claims in a patent which had been asserted against Klarquist’s clients were unpatentable as obvious. The patent related to a system for purchasing in retail stores products that are available online. The Federal Circuit found that the patent owner had forfeited the arguments that he made on appeal by not properly raising them before the PTAB.

Klarquist attorneys Chris Carraway, Sarah Jelsema, and Andy Mason worked on the briefing before the PTAB and the Federal Circuit, and Sarah argued at the PTAB.

The PTAB final written decision can be found here, and the Federal Circuit opinion can be found here.