ParkerVision Files U.S. Supreme Court Cert. Petition Challenging Federal Circuit's Practice of Summarily Affirming Patent Agency Appeals

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ParkerVision (OTCQB:PRKR) has filed a Supreme Court petition challenging the Federal Circuit's practice of summarily affirming patent invalidations without detailed explanations. This follows the Patent Trial and Appeal Board's (PTAB) June 2024 invalidation of key ParkerVision patent claims in its dispute with TCL and LG Electronics through inter partes review. The Federal Circuit responded with a one-word 'affirmed' ruling.

The petition argues this practice violates Section 144 of the Patent Act, which requires the court to issue detailed opinions. ParkerVision contends that lack of explanations for patent invalidations creates uncertainty in the patent system and hampers innovation. The company seeks to establish a precedent requiring detailed judicial opinions for patent invalidation cases.

Positive

• None.

Negative

• Key patent claims invalidated by PTAB in June 2024
• Federal Circuit affirmed patent invalidation
• Legal setback in patent dispute with TCL and LG Electronics

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With Inventors' Rights on the Line, ParkerVision's Petition Seeks Adequate Process for Patent Holders Across the U.S.

NEW YORK, Nov. 8, 2024 /PRNewswire/ -- Kasowitz Benson Torres, on behalf of ParkerVision, Inc. (OTCQB:PRKR), a leader in advanced wireless solutions, today announced that it has filed a petition for a writ of certiorari challenging the practice by the U.S. Court of Appeals for the Federal Circuit of summarily affirming administrative patent invalidations—rather than issuing opinions explaining the reasons for the court's decisions. Requiring the court to state its reasons will help ensure accountability, transparency, and accuracy and thereby secure the rights of inventors, patent holders, and innovators—the purpose of U.S. patent law.

The case stems from ParkerVision's patent dispute with TCL Industries Holdings Co., Ltd. ("TCL") and LG Electronics Inc. ("LGE") where, in June 2024, the Patent Trial and Appeal Board (PTAB) invalidated key claims in the company's already issued patents through a controversial process known as inter partes review. On ParkerVision's appeal, the Federal Circuit issued a one-word "affirmed" ruling, without any explanation—which ParkerVision contends fails to comply with the Patent Act's express mandate requiring judicial "opinions."

Under Section 144 of the Patent Act, when reviewing appeals from the PTAB, the Federal Circuit is required to issue an "opinion," a legal term meaning a statement of the reasons for the decision, not merely a "judgment," which is the bottom-line decision itself. ParkerVision's petition underscores the importance of this legal standard, emphasizing that without an opinion, patent holders are left without an understanding of why their vested property rights have been invalidated, creating uncertainty that destabilizes the patent system and stifles innovation. 

"For inventors like us, patents are not just legal assets; they represent countless hours of research and development. When those rights are stripped away without explanation, it's a blow to innovation and to the future of technology," said Jeffrey Parker, CEO of ParkerVision. "The lack of a written opinion leaves us and other patent holders in the dark about why our patents were invalidated, undermining the very purpose of the patent system."

Amit Vora, counsel for ParkerVision and an appellate litigator at the law firm of Kasowitz Benson Torres LLP, emphasized the foundational principles at stake. "We are asking the Federal Circuit to follow the statute's plain language. It means what it says. And more fundamentally, our petition links elemental legal interests: property rights and dignity. Inventors are routinely being deprived of their vested property rights through inter partes review; yet no court even affords them the dignity of an explanation."

A copy of the petition may be found online here and Messrs. Vora and Parker are available to discuss the petition's implications for inventors and the innovation landscape.

About Kasowitz Benson Torres LLP
Kasowitz Benson Torres LLP is a leading national law firm with a core focus on commercial litigation, complemented by exceptionally strong bankruptcy/restructuring, employment, and real estate transactional practices. Kasowitz is known for its creative, aggressive litigators and willingness to take on tough cases. The firm has extensive trial experience and is always trial-ready, representing both plaintiffs and defendants in every area of litigation. Kasowitz is committed to pursuing aggressive and innovative approaches to its clients' most challenging legal matters. Headquartered in New York City, the firm also has offices in Atlanta, Denver, Houston, Los Angeles, Miami, Newark, San Francisco, Silicon Valley and Washington, DC. For more information, please visit www.kasowitz.com.

About ParkerVision
ParkerVision, Inc. (OTCQB:PRKR) invents, develops, and licenses advanced, proprietary radio-frequency (RF) technologies that empower wireless solution providers to create and market state-of-the-art wireless communication products. ParkerVision is actively involved in multiple patent enforcement actions in the U.S. to safeguard its patented technologies, which it believes are being broadly infringed upon by others. For more information, please visit www.parkervision.com.

Contact:        Shannon O'Reilly, 212-547-1290, Soreilly@kasowitz.com

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SOURCE Kasowitz Benson Torres LLP

FAQ

What happened to ParkerVision's patents in June 2024?

The Patent Trial and Appeal Board (PTAB) invalidated key claims in ParkerVision's patents through an inter partes review process in its dispute with TCL and LG Electronics.

Why did ParkerVision (PRKR) file a Supreme Court petition in November 2024?

ParkerVision filed the petition to challenge the Federal Circuit's practice of summarily affirming patent invalidations without providing detailed explanations, arguing it violates Section 144 of the Patent Act.

What is ParkerVision (PRKR) seeking in its Supreme Court petition?

ParkerVision is seeking to require the Federal Circuit to provide detailed written opinions explaining their decisions when affirming patent invalidations, rather than issuing one-word rulings.