Institution Decisions September 21- 27, 2015

In Cree, Inc.v.Honeywell International Inc., IPR2015-00914 (PTAB September 24, 2015), the Board instituted inter partes review of claims 28, 33 – 35, 37, 40 – 44, 46, and 49 – 51, of U.S. Patent No. 6,373,188 but not challenged claims 36 and 45 — 87.5% of the challenged claims.

In Sophos Inc. v. Finjan, Inc., IPR2015-01022 (PTAB September 24, 2015) the Board denied inter partes review of claims 1, 10, 14, and 18 of U.S. Patent No. 8,677,494.

 

New Filings September 21-27, 2015

On September 22, 20150, Apple, Inc.  filed IPR2015-01934 challenging claims 1-9 of United States Patent No. 8,316,177.

On September 25, 2015, General Plastic Industrial Co., Ltd. filed IPR2015-01954 challenging  claims 1, 7-9, 11, 16-18, 29 and 38 of U.S. Patent No. 8,909,094.

On September 25, 2015, General Plastic Industrial Co., Ltd. filed IPR2015-01954 challenging claims 1, 7-9 and 16 of U.S. Patent No. 9,046,820 .

On September 25, 2015, Coriant Operations, Inc. filed IPR 2015-01969 challenging claims 1-6, 9-13, and 15-22 of U.S. Patent No. RE42,368.

On September 25, 2015, Activision Blizzard, Inc filed IPR 2015-01970 challenging claims 1-19 of U.S. Patent No. 6,701,344 .

On September 25, 2015, Coriant Operations, Inc. filed IPR 2015-01971 challenging claims 1-4, 9, 10, 13, 17, 19-23, 27, 29, 44-46, 53, and 61-65 of U.S. Patent No. RE42,678.

On September 25, 2015, Activision Blizzard, Inc filed IPR 2015-01972 challenging claims 1-19 of U.S. Patent No. 6,701,344.

On September 25. 2015, Emerson Electric Co., filed IPR2015-1973 challenging claims
13-14, 16-21, 23-35 of U.S. Patent No. 8,013,732.

On September 25, 2015, Amneal Pharmaceuticals LLC filed IPR2015-1976 challenging claims 1-20 of U.S. Patent No. 8,232,250.

On September 25, 2015, Alarm.com Incorporated filed IPR2015-1977  challenging claims 1-9, 14-18, and 22-38 of U.S. Patent 6,924,727.

On September 25, 2015, LG Electronics, Inc. filed IPR2015-1978 challenging claims 1-4, 6-7, 20, 22-23 and 25 of U.S. Patent No. 5,946,634.

On September 25, 2015, Palo Alto Networks, Inc.filed IPR2015-1979 challenging claims 1-8, 10, and 11 of U.S. Patent No. 8,141,154.

On September 25, 2015,Amneal Pharmaceuticals LLC filed IPR2015-1980 challenging claims 1 through 20 of U.S. Patent No. 8,399,413.

On September 25, 2015,Amneal Pharmaceuticals LLC filed IPR2015-1981 challenging claims 1-12 of U.S. Patent No. 8,969,302.

On September 25, 2015,Reflectix, Inc. filed IPR2015-1982 challenging claims 1-7, 9, 11, 13, 15-20, 22-24, 26, 27, 29, 30, 32, 33, 35, 36, 38-40, 42, 43, 45, 46, 48, 49, 51, 52, 54-58,
60, 61, 63, 64, 66, 67 of U.S. Patent No. 8,936,847.

On September 26, 2015, LG Electronics, Inc. filed IPR2015-01983 challenging U.S. Patent No. 8,498,671.

On September 26, 2015, LG Electronics, Inc. filed IPR2015-01984 challenging claims 1, 2, 5, 6, 7, 8, 10, 11, 13, and 16 of U.S. Patent No. 8,434,020.

 

 

The Reason For Bringing a Meritorious Petition for Inter Partes Review is Irrelevant; No Sanctions Against Hedge Fund Front

In Coalition for Affordable Drugs VI, LLC v. Celgene Corp., IPR2015-01092, Paper 19 (Septe,ber 25, 2015), the Board denied the patent owner’s motion for sanctions against Petitioner, who it accused of filing the Petition to manipulate patent owner’s stock price.

The Board first addressed patent owners complaint that petitioner was motivated by profit, noting:

Profit is at the heart of nearly every patent and nearly every inter partes review. As such, an economic motive for challenging a patent claim does not itself raise abuse of process issues. We take no position on the merits of short-selling as an investment strategy other than it is legal, and regulated.

The Board next addressed patent owner’s complaint that petitioner had no competitive interest.  The Board contrasted inter partes review, which be be instituted by any person who is not the owner of the patent, with covered business method review which require a party or privy to have been sued or charged with infringement of the patent, and held that Congress did not limit inter partes reviews to parties having a specific competitive interest in the technology covered by the patents.

The Board then address the purpose of the America Invents Act, rejecting the patent owner’s arguments.  The Board said:

The purpose of the AIA was not limited to just providing a less costly alternative to litigation. Rather, the AIA sought to establish a more efficient and streamlined patent system that improved patent quality, while at the same time limiting unnecessary and counterproductive litigation costs. The AIA was designed to encourage the filing of meritorious patentability challenges, by any person who is not the patent owner, in an effort to further improve patent quality.

Noting that that patent owner did not allege that the Petitioner filed a non-meritorious patentability challenge, the Board denied the motion for sanctions