No Requirement to Raise All Arguments in Rehearing Request, PTAB Litigation Blog
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The Federal Circuit in Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. Aug. 1, 2024) (Lourie, Chen, and Cunningham), affirmed the PTAB’s determination that claims of Voice Tech Corp.’s (“Voice Tech”) U.S. Patent No. 10,491,679 (“the ’679 patent”), which covers technology for controlling a computer via a mobile device using voice commands, were obvious. A key holding of the case is that a party’s choice to not re-raise an argument in its request for rehearing to the Board does not, in and of itself, forfeit the argument for review by the Federal Circuit. Slip op. at 9.
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