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Federal Circuit: HP Not Estopped from Challenging Claims Deemed Unchallengeable in IPR That It Had Joined
On Sept. 24, 2020, a Federal Circuit panel of Chief Judge Prost, Judge Newman, and Judge Bryson issued a decision in Network-1 Techs., Inc. v. HP Co., No. 2018-2338 (Fed. Cir. 2020). In a unanimous decision, the Federal Circuit vacated the district court's finding that claims of U.S. Patent No. 6,218,930 (the '930 patent) were valid over the prior art, determined that the district court erred in its claim construction, and remanded to the district court for proceedings consistent with its opinion.
The '930 patent is directed to an apparatus and methods for "allowing electronic devices to automatically determine if remote equipment is capable of accepting remote power over Ethernet." Slip op. at 3. The '930 patent includes nine claims, including two independent claims: claims 1 and 6. Id. The '930 patent was subject to two reexamination proceedings: claims 6, 8 and 9 were confirmed as patentable and claims 10-23 were added in reexamination No. 90/012,401, and claims 6 and 8-23 were confirmed patentable in reexamination No. 90/013,444. Id. at 4-5.
Network-1 Technologies, Inc. (Network-1) sued numerous defendants, including Hewlett-Packard Co. (HP) and Avaya Inc. (Avaya), alleging infringement of the '930 patent. Id. at 5. Avaya then filed a petition for inter partes review (the Avaya IPR). The Patent Trial Appeal Board (the Board) instituted review of claims 6 and 9 of the '930 patent for anticipation under 35 U.S.C. §102(b) by Japanese Unexamined Patent Application Publication No. H10-13576 (Matsuno") and for obviousness under 35 U.S.C. §103 by Matsuno and U.S. Patent No. 6,115,468 (De Nicolo). Id. at 5-6.
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