LG Electronics Inc. v. Immervision, Inc., No. 21-2037 (Fed. Cir. 2022)Annotate this Case
LG filed petitions for inter partes review (IPR), each challenging a dependent claim of the 990 patent, which relates to capturing and displaying digital panoramic images. The Federal Circuit affirmed the Patent Trial and Appeal Board’s findings that LG had not shown the challenged claims were unpatentable. Substantial evidence supports the Board’s finding that prior art disclosure critical to both of LG’s IPR petitions was an apparent error that would have been disregarded or corrected by a person of ordinary skill in the art. The Board correctly identified several aspects of the disclosure that would alert the ordinarily skilled artisan that the disclosure was an obvious error of a typographical or similar nature, notwithstanding the amount of time that preceded detection of the obvious error. The corrected disclosure does not satisfy the language of the challenged claims; LG did not meet its burden to prove the challenged claims unpatentable as obvious.