In re: Teles AG Informationstechnologien, No. 12-1297 (Fed. Cir. 2014)
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Teles owns the 453 patent, issued in 2005, which recites a “method for transmitting data in a telecommunications network and switch for implementing said method.” In 2007, a third party sought ex parte reexamination. The examiner rejected claims 34–36 and claim 38 under 35 U.S.C. 103 as obvious over the White patent combined with either the Jonas or the Farese patent. The Board of Patent Appeals affirmed. The district court dismissed an appeal for lack of subject matter jurisdiction, holding that, after 1999 amendments, Section 145 proceedings (35 U.S.C. 145) could not be maintained by patent owners. The Federal Circuit agreed that the district court lacked subject matter jurisdiction under the version of Section 145 in effect at the time, but held that the court erred in dismissing the case. The court treated the case as having been transferred to the Federal Circuit as an appeal from the Board’s decision and affirmed rejection of claim 35 as obvious.
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