Apple Inc. v. WeCrevention, Inc.
Patent Trial and Appeal Board
Holding
The Director denied institution under § 314(a) discretion for Apple’s IPR against WeCrevention’s memory-related Patent No. 10,998,017, finding Apple’s PTAB claim-construction position on “input/output unit” irreconcilable with its district-court indefiniteness position under § 112(f). Applying the Revvo/Infineon line of Director decisions, the Director held that Apple failed to provide an adequate explanation for taking inconsistent positions in parallel litigation and before the Board; no prior Board institution decision was reversed because institution was denied at the Director-discretion stage.
Why It Matters
This reinforces that petitioners must present and apply a single, consistent claim-construction theory across PTAB and district court or clearly explain any difference. A reservation of rights or non-concession on § 112(f)/indefiniteness can itself support discretionary denial when the IPR mapping depends on structure the petitioner attacks as inadequate in court.
How this summary was made: Drafted with AI from the Board's or the Director's decision. Read the document itself before relying on the summary. Editorial policy
- Written description, enablement and indefiniteness (§ 112) →
- Anticipation and prior art (§ 102) →
- Obviousness (§ 103) →
- Claim construction →
- PTAB discretionary denial →
- PTAB Director Review →
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