“Just to clarify, if we were to adopt the board’s construction, then we would affirm, is that right?” U.S. Circuit Judge Kara Farnandez Stoll asked Google lawyer Erika Arner of Finnegan Henderson Farabow Garrett & Dunner LLP on Monday.
“That’s correct,” Arner replied. “The board’s claim construction, however, should not be affirmed because it ignored the order that is imposed by the language and logic of the claims themselves.”
Despite this argument, the Federal Circuit upheld the PTAB’s decision.
Representatives for Sonos and Google did not immediately return requests for comment on Wednesday regarding the decision.
The Wednesday ruling is the latest in a series of Federal Circuit decisions affirming Sonos victories at the PTAB. On May 23, a different panel of judges issued a similar ruling about another Google patent.
In January, Sonos asked U.S. District Judge Edward Chen to dismiss Google’s suit. Judge Chen is set to hold a hearing over that case next month.
Sonos’ suit against Google has progressed further, resulting in a $32.5 million jury verdict, which was later overturned by another California federal judge and is currently before the Federal Circuit. Oral arguments in this case have yet to be scheduled.
