LG filed a request for inter partes re-examination of an AT&T patent directed to video data compression. Before the PTAB decided whether to initiate re-examination, LG sought to have its re-examination request denied, stating that it did “not believe there is a reasonable likelihood of prevailing with respect to any of the claims challenged in the Request.” Two weeks later, the PTAB granted LG’s initial request for inter partes re-examination. During the re-examination, LG withdrew from the proceedings. The PTAB nevertheless found the challenged claims anticipated. AT&T appealed, arguing that since LG withdrew from the proceedings, there was no requester or request.
The Federal Circuit diagreed, finding that LG was the requester, and LG had in fact submitted a request. Further, LG was still involved in the proceedings at the time the institution decision was made. Thus, according to the Federal Circuit, the Patent Trial and Appeal Board properly instituted the inter partes re-examination.
The original article can be found at McDermott:
www.lexology.com/library/document.ashx?g=940eff80-fc7e-40f8-a993-4fa37515e663
The Federal Circuit diagreed, finding that LG was the requester, and LG had in fact submitted a request. Further, LG was still involved in the proceedings at the time the institution decision was made. Thus, according to the Federal Circuit, the Patent Trial and Appeal Board properly instituted the inter partes re-examination.
The original article can be found at McDermott:
www.lexology.com/library/document.ashx?g=940eff80-fc7e-40f8-a993-4fa37515e663
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