Qualcomm obtains remand from Federal Circuit based on PTAB's denial of due process

Client(s) Qualcomm Incorporated

Jones Day successfully convinced the Federal Circuit to remand the Patent Trial and Appeal Board's ("PTAB's") January 2020 Final Written Decision finding challenged claims of Qualcomm Incorporated's U.S. Pat. No. 9,608,675 ("Power tracker for multiple transmit signals sent simultaneously") unpatentable in six inter partes review ("IPR") proceedings filed by Intel Corporation. The Federal Circuit agreed with Qualcomm that the PTAB panel's adoption of a new construction of a key term presented for the first time in the Final Written Decision, which was materially broader than constructions presented by either party, was improper under the Administrative Procedures Act ("APA"). The case will proceed back to the PTAB where the panel will revisit the disputed claim construction and whether the prior art cited across the six IPR petitions renders the challenged claims obvious.

Qualcomm Incorporated v. Intel Corporation, No. 2020-1589 (Fed. Cir.); Intel Corporation, et al. v. Qualcomm Incorporated, IPR Nos. 2018-01326-01330; -01340 (PTAB)