Mphj Technology Investments v. Ricoh Americas Corporation

Opinion concurring in part, dissenting in part filed by Circuit Judge O’MALLEY.

NEWMAN, Circuit Judge.

MPHJ Technology Investments, LLC appeals the decision of the Patent Trial and Appeal Board (“Board” or “PTAB”), on Inter Partes Review, that claims 1-8 of MPHJ’s U.S. Patent No. 8,488,173 (“the T73 Patent”) are invalid on the grounds of anticipation or obviousness.1 On appellate review, we affirm the Board’s decision.

To determine the validity of a patented invention, the meaning and scope of the claims are first determined. See Smiths Indus. Med. Sys., Inc. v. Vital Signs, Inc., 183 F.3d 1347,…