Ellen Geyer

1 month ago | mondaq.com | Ellen Geyer |Matthew Johnson

The Federal Circuit rejected a recent argumentthat the PTAB does not have inter partes review (IPR)jurisdiction over expired patents. Because even expired patentsinvolve the grant of public rights, the court explained that thePTAB's authority is not tied to the patent's status. The case arose after Gesture was granted a patent for its imagecapture technology, which triggers a digital camera to capture animage when a particular motion – a gesture – isdetected in the visual field.

1 month ago | jdsupra.com | Ellen Geyer |Matthew Johnson

The Federal Circuit rejected a recent argument that the PTAB does not have inter partes review (IPR) jurisdiction over expired patents. Because even expired patents involve the grant of public rights, the court explained that the PTAB’s authority is not tied to the patent’s status. The case arose after Gesture was granted a patent for its image capture technology, which triggers a digital camera to capture an image when a particular motion – a gesture – is detected in the visual field.