"Gesture Technology's main petition challenged the Federal Circuit's ruling this January in , which confirmed the jurisdiction of the Patent Trial and Appeal Board (PTAB) as to inter partes review (IPR) proceedings challenging expired patents. Gesture had appealed the PTAB's jurisdiction to institute IPR proceedings petitioned by Apple in June 2021, more than a year after the claims to the challenged patent expired in May 2020."
"In its ruling, the CAFC nixed Gesture Technology's argument that expired patents don't meet Oil States ' public rights exception to Article III guarantees of jury trials for private property, holding that agency reviews of patent validity inherently involves the adjudication of a public right granted by the U.S. Patent and Trademark Office. This "extraordinary arrogation of administrative power over patents," according to Gesture's petition, contradicts several centuries of patent practice ensuring full judicial process over patent claims."
The Supreme Court denied Gesture Technology's petitions for certiorari, leaving intact Federal Circuit decisions that extend the public-rights doctrine from Oil States to expired patents. The Federal Circuit held that agency reviews of patent validity involve adjudication of a public right granted by the Patent Office, even after patent expiration and loss of exclusion rights central to Oil States' public-interest rationale. Gesture challenged PTAB jurisdiction over an Apple-filed IPR initiated in June 2021, after the challenged patent expired in May 2020, and characterized agency review as an extraordinary arrogation of administrative power that contradicts longstanding patent practice.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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