Video Game Patent Review Not Time-Barred, Fed. Cir. Says

Key takeaways 

  • Patent challenger never served in infringement case
  • PTAB should determine proper service before review

A patent validity challenge at the Patent Trial and Appeal Board wasn’t time-barred because the petitioner was never properly served in a related infringement case, the Federal Circuit ruled.

The PTAB should have considered the timeliness of a petition challenging Game & Technology Co.’s U.S. Patent No. 7,682,243 before instituting a review, the court said Nov 19.

But it upheld the board’s decision that the video game technology patent was invalid in light of prior art.