Beware Arguments Based On Implicit Claim Constructions

By Derrick Carman

August 25, 2022

In a recent opinion, the U.S. Court of Appeals for the Federal Circuit clarified the circumstances under which a party may forfeit arguments during an inter partes review proceeding.1

According to the July 19 Wireless Protocol Innovations Inc. v. TCT Mobile Inc. decision, if a petitioner is on notice of the patent owner's claim construction position, then the petition may forfeit any arguments that are not presented in at least the petitioner's reply brief.

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