On 20 December 2023 the US Patent Trial and Appeal Board (PTAB) delivered its Final Written Decision on Assa Abloy’s (Petitioner) IPR2022-01045 and IPR2022-01089 Petition against the Company’s Remote Entry System patent, U.S. Patent Nos. 9,269,208 (“the ’208 Patent”) and “Ordered that, that Petitioner has not shown by a preponderance of the evidence that any of claims 1–13 are unpatentable”.
As a result of the PTAB’s decision, all of CPC’s ‘208 Patent’s claims are patentable.
This decision follows the PTAB decision on 30 November 2023 that all of the Company’s ‘705 Patent’s claims are patentable. (Refer to Company’s release dated 4 December 2023).
A further decision on the Company’s ‘039 patent and Assa Abloy’s IPR2022-01093 and IPR2022-01094 Petition is due to be handed down by the PTAB in early February 2024.
NOTE: The 29 September 2023 PTAB Apple IPR decision on the Company’s ‘705 and ‘208 patents that found claims 1, 4, 6, 10-12 and 14-17 of those patents were unpatentable is now under review following the 30 November 2023 and 20 December 2023 PTAB decisions that found all the patent claims for the ‘705 and ‘208 patents are patentable.
Both the Apple and Assa Abloy PTAB decisions have been made by the same PTAB panel of Judges, the only difference is two different Petitioners, Apple (CPC lawyers – K&L Gates, Chicago) and Assa Abloy (CPC lawyers – Cantor Colburn, Connecticut).
This PTAB review will impact Apple products including, iPhones; Apple Watch; Mac (Pros, Airs and Minis); iPad; Magic Keyboard amongst others.
Refer to recent article in the Australian Financial Review on Apple to halt US sales of smartwatches after patent loss.
Prior releases on litigation
4 December 2023 – Swedish Manufacturing Company, Assa Abloy Loses PTAB Challenge To CPC’s Biometric Patent
1 December 2023 – Update – CPC v Apple Trial in Federal Court of Australia, Sydney
15 November 2023 – CPC Patent Technologies Pty Ltd Prevails Over Apple Inc.’s 2nd Appeal To Prevent The Discovery Process Ordered By The Court On 11 October 2023