Talk of laziness, copyright, and hearsay peppered oral arguments last week in Intellectual Ventures I LLC v. Ericsson Inc., No. 2015-1947 (Fed. Cir., filed Aug. 26, 2015). This appeal from an inter partes review (IPR) seeks to overturn the Patent Trial and Appeal Board’s decision canceling Intellectual Ventures’ claimed methods for secure packet switching. The Board primarily relied on a reference by Stadler, which is a document alleged to be published by the Institute of Electrical and Electronics Engineers (IEEE) that bears a copyright notice date of 1998. IEEE publishes some of its documents, and the Board relied on the copyright notice date as the publication date for Stadler.
