The U.S. Court of Appeals for the Federal Circuit affirmed a significant jurisdiction ruling confirming that the USPTO's Patent Trial and Appeal Board can indeed review expired patents during inter partes review proceedings. This concurrence predominantly referenced Apple, Inc.'s challenge against Gesture Technology Partners' U.S. Patent No. 8,878,949. The decision addressed critical claims, emphasizing the procedural scope and the implications of the Supreme Court's Oil States ruling regarding public franchise and patent rights, significantly impacting the landscape of patent challenges for expired patents.
The CAFC confirmed the PTAB has the jurisdiction to review expired patents in IPR proceedings, affirming Apple’s challenges against Gesture Technology’s patent claims.
The court's ruling highlighted that expired patents, while lacking a public franchise post-expiration, can still be reviewed by the PTAB when necessary.
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