Litigation

International Business Machines Corp. v. Intellectual Ventures II LLC

Final Written Decision; IPR certificate issued

IPR2014-00587

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Court: United States Patent and Trademark Office, Patent Trial and Appeal Board
Filed: 2014-04-07
Terminated: 2018-02-12

Patents at issue (1)

Plaintiffs (1)

π International Business Machines Corp.

Defendants (1)

Δ Intellectual Ventures II LLC

Summary

International Business Machines Corp. petitioned for inter partes review of claims of U.S. Patent 6,826,694. A Final Written Decision issued and an IPR certificate was issued on Feb. 12, 2018.

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Record id: 6826694-ipr2014-00587 · edit in Admin

Further reading

Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002)
Narrow your claim during prosecution and you presumptively give up the equivalents in between. The presumption is rebuttable, but in practice the prosecution history is a defendant's gold mine.
The patent litigation lifecycle
Most patent cases never reach trial. A defendant who understands the lifecycle makes better decisions about when to fight, when to settle, and when to invest in IPR — instead of overspending on whatever phase they happen to be in.
Joint defense groups: economics, formation, and the privilege framework
An NPE sues twenty defendants on one patent. Solo, each faces $3-5M in defense costs. Pooled into a joint defense group, the per-defendant number drops to $200-500K. The economics only work if the privilege framework is set up correctly.
How to obtain a patent
The USPTO process takes 2-3 years and costs $10,000-$15,000. The patent that comes out the other end is only as valuable as your willingness to spend much more enforcing it.
Non-Practicing Entity (NPE) lawsuit defense: a defendant's playbook
Defending an NPE suit is different from defending a competitor's suit. The asymmetries cut both ways — and the right plays exploit the ones that favor the defendant.

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