CAFC Says Appellant Declaration Failed to Tie Planned Product Features to Challenged Substitute Claims

"The U.S. Court of Appeals for the Federal Circuit issued a precedential decision in ironSource Ltd. v. Digital Turbine, Inc. dismissing ironSource's appeal of the PTAB's decision to grant Digital Turbine's revised motion to amend patent claims."

"The opinion determined that ironSource lacked Article III standing to pursue its appeal because it failed to establish an injury in fact based on Digital Turbine's veiled threats regarding its patent claims."

"Although the PTAB invalidated original claims of Digital Turbine's patent, it accepted substitute claims that included new limitations directed to an installation client checking eligibility for capabilities."

The U.S. Court of Appeals for the Federal Circuit dismissed ironSource's appeal against Digital Turbine's patent claims. The court found that ironSource did not demonstrate an injury in fact, which is necessary for Article III standing. The PTAB had previously invalidated some of Digital Turbine's claims but accepted substitute claims that included new limitations. IronSource's failure to prove the invalidity of these claims led to the dismissal of its appeal.

Read at IPWatchdog.com | Patents & Intellectual Property Law