Apple Loses Bid to Revive Agency Challenge to Network Patent

Apple Inc. failed to persuade the Federal Circuit to revive its agency bid to invalidate a telecom network security patent it was sued for infringing.

The Patent Trial and Appeal Board in October 2020 rejected Apple’s arguments that the patent is obvious in view of earlier inventions.

The U.S. Court of Appeals for the Federal Circuit affirmed that ruling on Tuesday, finding Apple forfeited claim construction challenges it failed to raise before the board.

“We do not encourage suggesting or permitting, for strategic reasons, that the Board pursue a certain course, and later—if the outcome is unfavorable—claiming that the course …