June 24, 2016
An article published on June 22, 2016, in Law360 reports that the Patent Trial and Appeal Board (PTAB) issued its final written decisions in the covered business method reviews filed by Google Inc. and Apple Inc. against a digital rights management patent belonging to Fitch Even client ContentGuard Holdings Inc. The PTAB found the three challenged claims unpatentable, but in a rare move, also granted ContentGuard’s alternative motion to amend the independent claim, which the PTAB found patentable over the prior art.
The article, “ContentGuard's Claims Survive In Apple, Google Patent Row,” goes on to explain that the PTAB “further granted ContentGuard’s bid to hold that the amended claim is substantially identical in scope to the original claim within the meaning of 35 U.S.C. § 252, which potentially bestows upon accused infringers the protection of ‘intervening rights’ when an amendment is made during post-issuance proceedings that changes the scope of a claim.”
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