The U.S. Court of Appeals for the Federal Circuit last week upheld a Patent Trial and Appeal Board (PTAB) decision in favor of Unified Patents. A Haynes and Boone, LLP team including Partners Debbie McComas, David L. McCombs, Raghav Bajaj, and David W. O'Brien and Associate Angela Oliver represented Unified Patents in the matter.
Read an excerpt of a Law360 article below:
The Federal Circuit quickly and briefly shut down a series of appeals argued earlier this week, issuing seven affirmations on cases that ranged from challenging the invalidation of video game and spinal implant patents to freeing PetSmart and IHOP from infringement litigation.
The appeals court issued six of its oft-challenged one-line orders on Thursday, plus one on Wednesday. These Rule 36 judgments simply say the ruling being appealed has been affirmed. …
A second panel from Tuesday — composed of U.S. Circuit Judges Pauline Newman, Alan D. Lourie and Richard G. Taranto — upheld the PTAB's invalidation of a network patent challenged by Unified Patents.
American Patents' appeal had argued that the PTAB wrongly expunged certain exhibits before the appeal was complete, and then struck those same exhibits, which it warned "could give [the PTAB] free license to pick and choose how the record in inter partes review proceedings will be presented to the court on appeal" and undermine its ability to evaluate cases. The panel wasn't persuaded.
"We were blessed to be represented by the thoroughly capable Debbie McComas in this appeal, on International Women's Day no less," Unified Patents general counsel Jonathan Stroud said in an email. "We look forward to continued excellence and are proud of the work she and her team so ably provide."
The patent-in-suit is U.S. Patent No. 7,373,655.
Unified is represented by Debra J. McComas, David L. McCombs, Raghav Bajaj, David W. O'Brien and Angela Oliver of Haynes and Boone, LLP and in-house by Ashraf Fawzy and Jonathan Stroud.To read the full article, click here.