Haynes and Boone Team Secures PTAB Win for Twitter


A Haynes and Boone, LLP team led by Partners David McCombs and Raghav Bajaj persuaded the Patent Trial and Appeal Board (PTAB) to invalidate a patent covering the posting of video content on social media.

The PTAB issued two decisions siding with Haynes and Boone client Twitter’s challenge to the patents. The decisions were covered by Law360.

Here is an excerpt of the article:

Twitter has convinced the Patent Trial and Appeal Board that all claims of a patent covering the posting of video content on social media websites are obvious because of a combination of prior art that preceded it.

The board determined in two separate final written decisions that a combination of patent applications and publications that were published before the approval of VidStream LLC's patent would have made all its asserted claims obvious for an ordinarily skilled artisan, according to the two decisions published Monday.

Twitter told PTAB that several of the claims for U.S. Patent No. 9,083,997 were obvious because the prior art taught the idea of incorporating a video recording application within a social media website, according to Monday's decisions.

"We find petitioner's contention regarding [the] claims ... persuasive," one of the decisions says. "We adopt petitioner's reasoning as our own."

To read the full Law360 article, click here. (Subscription required.)

The chair of Haynes and Boone’s Technology Practice Group, McCombs is primary counsel for many leading corporations in inter partes review (IPR), reexamination, and concurrent patent litigation in the federal courts and before the PTAB. He and Bajaj were assisted in the Twitter matter by Partners Theodore Foster and Jamie McDole and Associate Gregory P. Huh.

Haynes and Boone’s Intellectual Property Practice has been a leader in helping clients protect their patents and invalidate others’ claims at the U.S. Patent and Trademark Office. These proceedings include IPR, covered business method review, post-grant review, and other proceedings before the PTAB.

Haynes and Boone is among the top 10 law firms filing IPRs on behalf of the Petitioner, with an institution rate of 93 percent and a final decision rate of 91 percent for canceling claims (Docket Alarm, 2018).

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