Friday, April 08, 2016

Osram loses at CAFC in appeal of unfavorable IPR result

Osram lost an appeal at the CAFC, with merely a per curiam affirmation under Fed. Cir. R. 36.

PTABTrialBlog had noted of the IPR decision:

The Board did not construe the term “crystallographic plane surfaces” in the Decision to Institute, but requested a construction at final hearing. The Board agreed with Patent Owner that the language of claim 1 requires that “crystallographic plane surfaces” result from crystallographic etching, and thus construed “crystallographic plane surfaces” to mean “a smooth plane surface resulting from crystallographic etching.” Petitioner had alleged that the term means what was disclosed in the prior art references.

Relevant information on the underlying IPR:

OSRAM GmbH v. E. Fred Schubert, IPR2013-00459
Paper 28: Final Written Decision
Dated: January 21, 2015
Patent: 6,294,475 B1
Before: Jennifer S. Bisk, Gregg I. Anderson, and Matthew R. Clements
Written by: Anderson
Related Proceedings: E. Fred Schubert v. OSRAM GmbH., Case No. 12-cv-923-GMS (D. Del.) and E. Fred Schubert v. Koninklijke Philips Electronics N.V., Case No. 12-cv-924-GMS (D. Del.)



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