Under 35 U.S.C. 312(a)(2) and 37 CFR § 42, all “real parties in interests” (RPIs) are required to be named in an Inter Partes Review petition. Failure to name all RPIs could result in denial of a petition. The policy behind this requirement is rooted in the estoppel provisions that…
Azure Networks, LLC and Tri-County Excelsior Foundation (“Plaintiffs,” “Azure” or “TCEF”) filed a patent infringement action against several defendants, including Qualcomm and Marvell, among others. As explained by the court, “[t]he ‘129 Patent is entitled ‘Personal Area Network with Automatic Attachment and Detachment’ and discloses a Personal Area Network (“PAN”),…
In IPR2012-0004, on January 24, 2013, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Blankenship, Giannetti and McNamara) issued its Decision on Petitioner MacAuto USA’s (“Petitioner”) IPR petition for review of BOS GmbH & KG (“Patent Owner”) U.S. Patent No. 6,422,291. The ‘291 patent relates to a roll-up blind especially…
Plaintiff Parkervision, Inc. filed a patent infringement action against Qualcomm. Qualcomm answered the complaint and alleged an affirmative defense of inequitable conduct and a counterclaim that included a claim for inequitable conduct. Parkervision moved to strike the affirmative defense and the counterclaims pertaining to inequitable conduct, among other defenses and…
Blue Spike, LLC (“Blue Spike”) filed a patent infringement action against Biolink Solutions LTD. (“Biolink”) and Biometric, LLC. Biolink is a Russian company that has no offices, employees, agents, distributors or related entities in Texas, but does business in Texas according to the complaint. Blue Spike served Biolink with the…
In IPR2012-00035, on January 22, 2013, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Lane, Robertson and Guest) issued an order concerning an ex parte email sent by Petitioner Nissan North America, Inc. (“Petitioner”). According to the Petitioner’s email, in its Preliminary Response the Patent Owner made arguments based on…
The United States Patent and Trademark Office’s new post-grant proceedings, including Inter Partes Review, are akin to litigation proceedings in several respects. As a result, the PTO Rules provide for the pro hac vice admission of litigation lawyers not licensed to practice before the Patent Office. However, practitioners should be…
The following six decisions in patent cases pending in the Central District of California were reported for the period of January 1 through January 11, 2013. DATE CASE AND HOLDING JUDGE MOTION TYPE 1/2/2013 The Tawnsaura Group, LLC v. Maximum Human Performance, LLC, 2-12-cv-07189 Otero Dismiss The court denied defendants’…
After the recent Federal Circuit decision in the Apple v. Samsung case and the district court’s application of that reasoning to find that a permanent injunction should not issue in Apple’s favor, many predicted that it would be very difficult to obtain a permanent injunction in patent cases going forward…
In IPR2012-00022, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Tierney, Green and Robertson) issued a decision rejecting the Patent Owner Isis Innovation Limited’s (“Patent Owner”) motion for leave to challenge petitioner Arisoa Diagnostics’ (“Petitioner”) standing to file the petition for inter partes review. According to the Patent Owner, the…