On Feb. 6, 2018, the Federal Circuit upheld for the second time the validity of the patent that TDR client Thales Visionix, Inc. asserts covers the helmet-mounted motion-tracking system worn by pilots of the F-35 Joint Strike Fighter, over the objections of Elbit Systems of America, which is one of the suppliers of the helmet systems.

The Federal Circuit affirmed the 2016 decision of the USPTO’s Patent Trial and Appeal Board (“PTAB”) rejecting the arguments made by Elbit during inter partes review that Thales’ patent claims were invalid based on prior art.  The Federal Circuit held that substantial evidence supported the PTAB’s decision and that the PTAB properly interpreted the law when it rejected Elbit’s argument.

This is Thales’ third consecutive win, following the PTAB’s 2016 decision and the Federal Circuit’s March 8, 2017 opinion upholding the validity of Thales’ patent against Elbit’s argument that the patent did not claim patent-eligible subject matter as required by 35 U.S.C. § 101.

Thales’ infringement claim, in which Elbit is named as a third-party defendant, is pending in the Court of Federal Claims.

TDR partners Meredith Martin Addy and Daniel Konieczny represented Thales Visionix, Inc. before the PTAB and in both Federal Circuit appeals. The latest opinion is available here.