Case1Tech: Changing Claim Construction Position on Appeal

"Samsung had petitioned for IPR of ST Case1Tech's always-on recording patents, arguing that the claimed "audio forensics analysis system" encompassed speech-to-text functionality disclosed in the prior art. Before the Board, Case1Tech argued that "analysis" means "calculation of noise dosage" using a specific measurement used for hearing protection. After losing at the Board, Case1Tech altered its position on appeal, arguing that audio forensics analysis merely "includes" noise dosage calculation and encompasses any "analysis that uses all captured acoustic data.""

"The appellate panel rejected this maneuver based upon forfeiture. Case1Tech told the Board that audio forensics analysis " is the calculation of noise dosage," it could not later argue on appeal that such analysis merely "includes" noise dosage calculation. Despite finding forfeiture, the appellate panel also looked at the argument and found it lacked merit. The specification explicitly stated that "audio forensics analysis system" includes "all, either or a combination of" enumerated functionalities, specifically listing "a speech-to-text analysis system." This intrinsic evidence was dispositive."

Samsung petitioned for inter partes review of Case1Tech's always-on recording patents, asserting that the claimed "audio forensics analysis system" encompassed speech-to-text functionality disclosed in the prior art. Before the PTAB, Case1Tech argued that "analysis" means "calculation of noise dosage" using a specific hearing-protection measurement. After losing at the Board, Case1Tech adopted a broader construction on appeal, asserting that audio forensics analysis merely "includes" noise dosage calculation and covers any "analysis that uses all captured acoustic data." The Federal Circuit held that a party may not alter claim-construction positions taken before the Board and enforced forfeiture. The court also found intrinsic specification language listing a speech-to-text analysis system dispositive.

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