Ultratec, Inc. v. CaptionCall, LLC, No. 16-1706 (Fed. Cir. 2017)
Annotate this CaseUltratec sued CaptionCall for infringement of patents concerning systems for assisting deaf or hard-of-hearing users to make phone calls and won damages of $44.1 million. CaptionCall had filed petitions for inter partes reviews (IPRs). The court stayed post-judgment proceedings pending resolution of the IPRs. CaptionCall retained the same invalidity expert (Occhiogrosso) in the litigation and the IPRs. Ultratec sought to introduce the trial testimony into the IPRs, alleging that Occhiogrosso’s trial testimony conflicted with written declarations he made in the IPRs. Because Ultratec had not first requested authorization to file the motion, the Patent Trial and Appeal Board expunged the motion from the record. Board regulations require that a party seeking to introduce supplemental evidence more than one month after institution first request authorization to file a motion to submit the evidence. The Board held that all challenged claims in the Ultratec patents were either anticipated or would have been obvious in light of prior art references, citing Occhiogrosso’s testimony more than 30 times. The Federal Circuit vacated. The Board failed to consider material evidence and failed to explain its decisions to exclude the evidence to exclude Occhiogrosso’s trial testimony.
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