Authors: Kate Leonard*
Editor: Caitlin O’Connell & Lily Robinson
Monday, June 5, 2017
In Re NFC Technology, No. 16-1808, Courtroom 201
In this appeal from the PTAB, the Federal Circuit will address whether the Board exceeded its authority in an inter partes review by sua sponte raising a conception/lack of inurement defense on behalf of Petitioner HTC. Patent owner NFCT argues that the Board’s actions deprived NFCT of the opportunity to respond to the inurement defense prior to the Board issuing its final written decision. The PTO argues that NFCT raised the issue of conception and that the Board’s analysis of the issue was not restricted to the rebuttal arguments raised by HTC in its Reply.