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PTAB Probes Broadcom on Whether New Claims Pass Muster

Law360

19 Aug 2020

Shouvik Biswas was featured in Law360’s coverage of Patent Trial and Appeal Board (PTAB) Judge Patrick M. Boucher’s discomfort with amendments Broadcom Corp. wants to make to claims in a video decoding patent, suggesting that a new claim doesn’t appear to meet all the legal requirements for substitute claims.

According to Law360, the issue is whether that claim responds to challenger Renesas Electronic Corp.’s invalidity argument, which would be required for an amended claim to pass muster. “Broadcom argued that it does so indirectly because of its dependency on another proposed amended claim, 15, which the company argued responds to one of Renesas’ invalidity theories, but [Judge Boucher] called that position ‘very sweeping.’”

Shouvik, who represents Renesas, contends that the proposed amended claims are invalid not only in light of prior art, but also because they lack written description support, which requires patent owners to show possession of the claimed invention, and he told the PTAB that was the case here because a skilled artisan “wouldn’t understand that an inventor invented what is claimed in Claim 15.”

Read the full article.

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