Moot on Appeal: Patentee’s Infringement Disclaimer Remove’s Challenger’s Ability to Appeal IPR
In a split opinion, the Federal Circuit has dismissed ABS Global’s appeal of its failed IPR trial — finding the appeal moot. U.S. Patent No. 8,529,161. The simple story here is that Cytonome sued ABS for infringement of the ‘161 patent but lost on summary judgment of non – infringement. Cytonome did not pursue an appeal, and expressly “disclaim such an appeal.” Mean... »