Paice, LLC v. Ford Motor Co., No. 17-1387 (Fed. Cir. 2018)
Annotate this CasePaice’s related 634 and 097 patents, both titled “Hybrid Vehicles,” are directed to a torque-based algorithm for selecting operating modes in a hybrid vehicle having an internal combustion engine and one or more battery-powered electric motors. In six inter partes review (IPR) proceedings, the Patent Trial and Appeal Board held certain challenged claims unpatentable under 35 U.S.C. 102(b). The Federal Circuit vacated the Board’s obviousness determinations as they relate to the 634 patent’s “electrical” claims and remanded for the Board to determine whether those claims find written description support in the priority applications and the references incorporated therein. The court affirmed the Board’s obviousness determinations as to all other claims.
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