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Judge Alan D. Albright Authors First Federal Circuit Opinion

Judge Alan D. Albright, sitting by designation at the Federal Circuit, penned his inaugural appellate decision in Apple v. Omni MedSci on Friday. The unanimous ruling favored Apple, who contested Omni MedSci’s patent via inter partes review. Apple's new claim construction arguments in its reply were deemed proper by the Federal Circuit, citing an abuse of discretion by the Board in not considering them. Apple's Reply arguments were found to be responsive to a new construction by Omni MedSci in its patent owner response. 

In his first appellate opinion, Judge Alan D. Albright of the Western District of Texas (sitting by designation at the Federal Circuit) authored the appellate court’s recent unanimous decision in Apple v. Omni MedSci, No. 23-1034 (Fed. Cir. June 21, 2024).  The decision sides with petitioner Apple who had challenged Omni MedSci’s US10517484 via inter partes review.  The Board invalidated some claims of the ‘484 patent, but concluded some claims were “not proven unpatentable.” On appeal, Judge Albright reversed-in-part, finding that the Board abused its discretion by refusing to consider Apple’s claim construction arguments even though made for the first time in its reply brief at the merits stage.


cafc ptab, appellate, intellectual property, litigation, patents & emerging technologies, patent trial & appeal board proceedings