IP Law Daily, PATENT—Fed. Cir.: PTAB’s claim construction affirmed in internet data transmission dispute, (Sep 4, 2024)
Law Firms Mentioned:Baker Botts LLP, | Rimon PC
Organizations Mentioned:Baker & Botts, LLP | Rimon, PC | Sling TV, L.L.C. | Uniloc 2017 LLC
By Kevin M. Finson
The term “presentation data” could include metadata because there was nothing in the claim language to support such an exclusion.
In a inter partes review case that was previously remanded to the Patent Trial and Appeal Board for erroneous construction of the term “fee data,” the Board on remand did not err in construing the claim terms “presentation data” as potentially allowing the inclusion of metadata, the U.S. Court of Appeals for the Federal Circuit has held. There was nothing in the claim language, specification, or prosecution history to support such an exclusion and the court declined to import a negative limitation not found in the claim language (Uniloc 2017 LLC v. Sling TV, L.L.C., No. 23-1156 (Fed. Cir. Sept. 4, 2024)).
Uniloc 2017, LLC (Uniloc) was the owner of U.S. Patent No. 9,721,273 (the ’273 patent) which related to aggregating and presenting internet users with data in certain formats. Sling TV, LLC (Sling) petitioned for inter partes review of all claims. The Patent Trial and Appeal Board (PTAB) instituted review and initially that Sling failed to demonstrate unpatentability of the challenged claims. The Federal Circuit reversed the Board’s decision, finding that its construction of the claim term “feed data” was erroneous because it excluded a preferred embodiment of a feed containing metadata.
On remand, the Board found all claims unpatentable over U.S. Patent App. Pub. No. 2008/0256443 (“Li”). Uniloc again appealed, this time challenging the Board’s construction of the term “presentation data.”
Claim construction. Uniloc argued that the Board erred by construing “presentation data” to include metadata. The court found that nothing in the claim language, specification, or prosecution history to exclude metadata, and the court declined to import a negative limitation into a claim which could not be found in the claim language.
The court affirmed the Board’s obviousness determinations.
The Case is No. 23-1156.
Judge: Prost, S.
Attorneys: Donald Lee Jackson (Rimon PC) for Uniloc 2017 LLC. Eliot Damon Williams (Baker Botts LLP,) for Sling TV, L.L.C.
Companies: Uniloc 2017 LLC; Sling TV, L.L.C.
Cases: Patent FedCirNews USPTO