Facebook, Inc. v. Skky, LLC, Case CBM2016-00091 (Sept. 28, 2017) (Paper No. 12)

Takeaway (1) (Precedential): The Board treats disclaimed claims as if they never existed.  In deciding whether to institute review, the Board will not consider claims that the patent owner previously disclaimed (before the decision whether to institute review). 

Takeaway (2): Where a patent includes some claims that would be eligible for CBM review and others that would not, a patent owner might avoid CBM review by disclaiming those claims eligible for CBM review before the Board decides whether to institute.