ParkerVision loses appeal of PTAB decision at CAFC

The outcome:ParkerVision, Inc. (“ParkerVision”) appeals fromthree final written decisions of the U.S. Patent Trial andAppeal Board (“Board”) in related inter partes reviewproceedings, in which the Board held certain claims ofU.S. Patent No. 6,091,940 (“the ’940 patent”) unpatentableas obvious under 35 U.S.C. § 103(a).1 Qualcomm Inc.and Qualcomm Atheros, Inc. (together, “Qualcomm”)cross-appeal from the Board’s determination that Qualcommfailed to prove by a preponderance of the evidencethat certain other claims of the ’940 patent are unpatentable.We affirm.The appealed matter:ParkerVision argues on appeal that the Board erredin holding the apparatus claims challenged in the NozawaIPRs unpatentable, while Qualcomm contends in its crossappealthat the Board erred in upholding the patentabilityof the challenged method claims. We address thesearguments in turn.The CAFC notedWe explained long ago that…

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