This episode concerns a judicial opinion from the United States Court of Appeals for the Federal Circuit regarding a patent dispute between Implicit, LLC and Sonos, Inc. The court affirmed a ruling by the Patent Trial and Appeal Board which found several of Implicit’s patent claims unpatentable because they were preceded by prior art. Although Implicit attempted to bypass this prior art by correcting the listed inventors on its patents after the initial trial, the court held that the company had forfeited this new argument by failing to raise it sooner. The judges determined that the board did not abuse its discretion in rejecting these late changes, as Implicit possessed the relevant evidence from the start of the litigation. Ultimately, the court concluded that the retroactive nature of inventorship corrections does not shield a party from the legal consequences of failing to present arguments in a timely manner.

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