Haynes and Boone in Law360: PTAB Sides With Google, Finds Cloud Patent Invalid


Google Inc. has earned a win before the Patent Trial and Appeal Board, with the panel ruling that nearly all the claims of a cloud-storage technology patent owned by Whitserve LLC are obvious because of the combined disclosures of prior art.

The PTAB said in its Tuesday ruling that nine claims of Whitserve’s patent are invalid because it would have been obvious to a person of ordinary skill in the art to combine references in two data storage patents, the website for banking giant Wells Fargo Bank NA and a 1998 book by Patricia Seybold on how to create a profitable business online to achieve the online data storage ends the claims describe.

“We conclude that Google has demonstrated by a preponderance of the evidence that claims 1-9 of the [patent] are unpatentable,” the PTAB opinion says...

Google is represented by Andrew S. Ehmke and Phillip Philbin of Haynes and Boone, LLP.

Excerpted from Law360, September 15, 2014. To view full article, click here (subscription required).

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