Federal Circuit Rules that Joint Petitioners in an IPR Proceeding Can Appeal Rulings for All Instituted Claims

    Private: Amanda Doran

    On July 8, 2020, a judge in the U.S. Court of Appeals for the Federal Circuit decided in the matter of Fitbit, Inc. v. Valencell, Inc. that after joining inter partes review (IPR) proceedings filed separately by Apple and Fitbit, Fitbit could appeal the U.S. Patent Trial and Appeal Board’s (PTAB) ruling for all instituted claims, even for claims only brought forth in Apple’s original petition.

    The patent in dispute relates to a system for obtaining and monitoring health information, including heart rate and blood oxygen level.

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