For our weekly SoCal IP Institute meeting on Monday, December 2nd, 2019, we will discuss the following cases:
In Re IPR Licensing (CAFC 11/22/2019) (available here)
IPR Licensing Inc. held several patents for computer networking, ZTE petitioned for IPR review of a patent citing multiple grounds for institution and multiple references. The PTAB instituted the IPR on one ground and looked at the evidence presented regarding that ground, the PTAB then invalidated the three challenged claims. On appeal the first time around, the Federal Circuit upheld two of the three claims as invalid but reversed and remanded the finding with regards to the third claim, stating that there was not enough evidence on the record for invalidating the third claim. Back at the PTAB, petitioner tried to use a reference used in arguments for grounds the PTAB had not instituted as to why the third claim should still be invalid, the Board agreed and found the third claim still invalid. On appeal a second time before the Federal Circuit, IPR Licensing Inc. argued reliance on the new reference was improper, the Federal Circuit agreed.
In re Extreme Technologies, LLC (CAFC 11/21/2019) (available here)
Extreme Technologies, LLC petitioned for a writ of mandamus transferring jurisdiction over a case in Texas from one judge in the same district to another. In a three page opinion the Federal Circuit denied the petition.
Game and Tech. Co. v. Wargaming Group Ltd. and Activision Blizzard Inc. (CAFC 11/19/2019) (available here)
Game and Tech Co. owned a patent that synced rewards earned by online game characters. An IPR was instituted and a manual to the popular game Dungeons and Dragons was used as invalidating prior art. On appeal the Federal Circuit upheld the PTAB’s determination that the asserted claims were obvious.
All are invited to join us on Monday December 2nd, 2019 at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.