Wi-Fi One, LLC v. Broadcom Corp., No. 15-1944 (Fed. Cir. 2018)
Annotate this CaseThe patent is directed to improving the efficiency by which messages are sent from a receiver to a sender in a telecommunications system to advise the sender that errors occurred in a particular message.The patent is concerned with organizing the information contained in Status Protocol Data Units efficiently, to minimize the size of the S-PDUs, thus conserving bandwidth. The patent discloses several methods for encoding the sequence numbers of missing packets in S-PDUs. In inter partes review, the Patent Board found, and the Federal Circuit affirmed, that various claims were anticipated and that the petition for review was not time-barred. After an en banc court vacated the decision, addressing only the appealability of the Board’s time-bar determination under 35 U.S.C. 315(b), the panel reaffirmed the determinations left unaffected by the en banc court’s decision. With respect to the time-bar claim, the panel affirmed the decision of the Board. In making that determination, the Board did not apply a legally erroneous standard in deciding the “real party in interest, or privy” issue and based its decision on substantial evidence.
This opinion or order relates to an opinion or order originally issued on September 16, 2016.
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