Honeywell International Inc. v. 3G Licensing, S.A.

 
APPEAL NO.
23-1354, 23-1384, 23-1407
OP. BELOW
SUBJECT
Patent
AUTHOR
Dyk

Question(s) Presented

“Does an appellee’s listing of less than all claims challenged in an IPR on the inside cover of its response brief affirmatively waive alternative grounds for affirmance found by the PTAB for other, non-listed claims when: (i) the appellant did not include any of the non-listed claims on the inside cover of its opening brief; (ii) the appellant did not challenge any of the alternative grounds for affirmance for the non-listed claims in its opening brief (and thus already forfeited them); and (iii) Fed. Cir. R. 32(a)(3) instructs parties to list ‘exemplary claims illustrative of the issue(s),’ not of all claims?”