Ericsson Inc. v. Intellectual Ventures I LLC On August 27, 2018, the Federal Circuit vacated and remanded the PTAB’s decision that Intellectual Ventures’ patent was not unpatentable because the Board failed to consider part of Ericsson’s Reply. The Board asserted that Ericsson’s Reply presented obviousness arguments not previously presented in its briefs. However, the court found that during IPR, the PTAB shifted from applying the broadest reasonable standard of claim construction to the Philips standard at the request of the patentee because the patent expired prior to the filing of the IPR. The court found that “Ericsson . . . deserved an opportunity” to revisit its approach to the claims in light of the PTAB’s revisiting the prior art under the Philips standard.