ParkerVision Files U.S. Supreme Court Cert. Petition Challenging Federal Circuit's Practice of Summarily Affirming Patent Agency Appeals

Kasowitz Benson Torres, on behalf of ParkerVision, Inc., a leader in advanced wireless solutions, has filed a petition for a writ of certiorari challenging the practice by the U.S. Court of Appeals for the Federal Circuit of summarily affirming administrative patent invalidations—rather than issuing opinions explaining the reasons for the court's decisions.  Requiring the court to state its reasons will help ensure accountability, transparency, and accuracy and thereby secure the rights of inventors, patent holders, and innovators—the purpose of U.S. patent law.

The case stems from ParkerVision's patent dispute with TCL Industries Holdings Co., Ltd. ("TCL") and LG Electronics Inc. ("LGE") where, in June 2024, the Patent Trial and Appeal Board (PTAB) invalidated key claims in the company's already issued patents through a controversial process known as inter partes review.  On ParkerVision's appeal, the Federal Circuit issued a one-word "affirmed" ruling, without any explanation—which ParkerVision contends fails to comply with the Patent Act's express mandate requiring judicial "opinions."

Under Section 144 of the Patent Act, when reviewing appeals from the PTAB, the Federal Circuit is required to issue an "opinion," a legal term meaning a statement of the reasons for the decision, not merely a "judgment," which is the bottom-line decision itself.  ParkerVision's petition underscores the importance of this legal standard, emphasizing that without an opinion, patent holders are left without an understanding of why their vested property rights have been invalidated, creating uncertainty that destabilizes the patent system and stifles innovation. 

A copy of the petition may be found here.

The Kasowitz Benson Torres team representing ParkerVision, Inc. includes Special Counsel Amit R. Vora, Counsel Clarine Nardi Riddle and associate Paul C. Tsavoussis.