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.