"The CAFC emphasized that its case law prohibits the Board from entertaining theories that were absent from the petition and found that DK's late-raised footnote did not respond to any argument in the patent owner response."
"Claim 18 was the only claim at issue on appeal, and it survived, while claims 1 through 17 and 19 through 30 were found unpatentable."
"DK's challenge to claim 18 relied solely on a prior art patent of Bryson, and the Ground 3 challenge was directed exclusively at claims 15 through 17."
The U.S. Court of Appeals for the Federal Circuit affirmed the PTAB's decision in DK Crown Holdings Inc. v. AG 18, LLC. DK challenged claim 18 of U.S. Patent No. 9,978,205, which covers location-based restrictions on online gaming. The PTAB found most claims unpatentable but upheld claim 18. DK's petition initially relied on prior art from Bryson, and later attempted to introduce Schlottmann as additional prior art. The PTAB rejected this late addition, emphasizing that new theories cannot be introduced after the petition.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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