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MarketScreener Homepage  >  Equities  >  Nasdaq  >  Apple Inc.    AAPL

APPLE INC.

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Apple : Petitioner In An IPR Is Entitled To Respond To Arguments Made By Patent Owner

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02/26/2020 | 04:13am EDT

In Apple Inc. v. Andrea Electronics Corp., [2018-2382, 2018-2383] (February 7, 2020), the Federal Circuit vacated the Board's decision in a first IPR on U.S. Patent No. 6,363,345 because the the Board erred in refusing to consider Apple's reply arguments. In the second IPR on the patent, however, the Federal Circuit affirmed the determination that claims 5-9 were not invalid.

The Board's determinations that a party exceeded the scope of a proper reply are reviewed for abuse of discretion. The Federal Circuit said that a reply may only respond to arguments raised in the corresponding opposition, patent owner preliminary response, or patent owner response. Thus, it had to determine whether the petitioner's reply brief was responsive to arguments originally raised in its petition, or whether the reply arguments are responsive to arguments raised in the patent owner's response brief.

The Federal Circuit noted that Apple's legal ground did not change in its reply — its reply still asserted that claims 6-9 would have been obvious over the same references. Further, Apple's arguments were not the types of arguments that it had previously found to raise a "new theory of unpatentability." The Federal Circuit noted that Apple's reply does not cite any new evidence or unidentified portions of the references, but merely demonstrated another example of the same algorithm to further explain why the reference discloses the claim elements.

The Federal Circuit said that parties are not barred from elaborating on their arguments on issues previously raised, and concluded that Apple's reply squarely responds to the Patent Owner Response.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mr Bryan K. Wheelock
Harness, Dickey & Pierce, P.L.C.
7700 Bonhomme
Suite 400
Clayton
MO 63105
UNITED STATES

© Mondaq Ltd, 2020 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com, source Business Briefing


Stocks mentioned in the article
ChangeLast1st jan.
ANDREA ELECTRONICS CORPORATION -1.33% 0.0296 Delayed Quote.42.86%
APPLE INC. -0.33% 114.82 Delayed Quote.56.70%
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Financials (USD)
Sales 2020 273 B - -
Net income 2020 56 844 M - -
Net cash 2020 72 447 M - -
P/E ratio 2020 35,5x
Yield 2020 0,69%
Capitalization 1 967 B 1 967 B -
EV / Sales 2020 6,95x
EV / Sales 2021 6,11x
Nbr of Employees 137 000
Free-Float 99,9%
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Technical analysis trends APPLE INC.
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Mean consensus OUTPERFORM
Number of Analysts 41
Average target price 122,36 $
Last Close Price 115,04 $
Spread / Highest target 30,4%
Spread / Average Target 6,36%
Spread / Lowest Target -38,3%
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Managers
NameTitle
Timothy Donald Cook Chief Executive Officer & Director
Arthur D. Levinson Chairman
Jeffrey E. Williams Chief Operating Officer
Luca Maestri Chief Financial Officer & Senior Vice President
Kevin M. Lynch Vice President-Technology
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