Patent Validity Attack Timeliness Ruling Can be Appealed

A patent owner can appeal a patent office decision that Broadcom Corp. didn’t wait too long to file an administrative patent validity challenge, the full U.S. Court of Appeals for the Federal Circuit ruled today.

The court ruled 9-4 overturning a 2015 decision by a three-judge panel that patent holder Wi-Fi One LLC could not appeal a decision of the Patent and Trademark Office’s Patent Trial and Appeal Board that Wi-Fi One’s patents covering online data transmission were unpatentable, and that challenger Broadcom had met the timeliness requirement for filing its inter partes review patent validity challenge.

The Federal Circuit ...