Expired Patents Can Be Challenged
| Published date | 29 December 2021 |
| Law Firm | Jones Day |
| Author | Sarah A. Geers and Amanda Simms |
Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v. Gesture Tech. Partners, LLC, where it instituted IPR over the patent owner's objections to jurisdiction. IPR2021-00922, Paper 10 (Nov. 29, 2021).
In Apple, the petitioner sought inter partes review to challenge thirty of the patent owner's claims in an expired patent involving a method for determining a gesture using a camera and light source. Among other arguments, the...
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