Background
Yechezkal Evan Spero appealed final written decisions of the Patent Trial and Appeal Board. The Board had determined that claims one through twenty-eight, thirty through sixty-eight, and seventy of United States Patent Number ten, eight hundred ninety-four, five hundred three were unpatentable. The appeal arose from inter partes review proceedings involving multiple docket numbers.
The court’s reasoning
The court dismissed the appeal as moot. It noted that it had affirmed the Board’s decisions determining the appealed claims of the patent were unpatentable in a separate case, Spero versus Mercedes-Benz USA, LLC. Because the appellant failed to appeal the remaining claims that the Board determined were unpatentable, the court found no live controversy to resolve.
What it means going forward
The dismissal leaves the Patent Trial and Appeal Board’s determination that the patent claims are unpatentable in place. This outcome prevents the patent holder from enforcing the challenged claims against the automotive companies involved.