• Unified Patents Inc. v. Finjan, Inc.Institution denied
  PTAB · Apr 13, 2020 · IPR2019-01611 · APJ Patrick M Boucher · IPR · Institution

  The Board denied institution of review of claims 1, 4–6, 9, 12–14, 17, 24, 35, and 37 under § 314(a), applying the General Plastic factors.

  RulingsInstitution decision

  • PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticInstitution denied

    “The second General Plastic factor “includes considering whether the prior art relied on in the later petition ‘could have been found with reasonable diligence.’” Valve Corp. v. Elec. Scripting Prods., Inc., IPR2019-00064, Paper 10 at 11 (PTAB May 1, 2019) (precedential). More than a year passed between the filing of the Blue Coat petition and the ESET petition. During that time, the proceedings of the Blue Coat and FireEye IPRs were public such that the art relied on in the instant Petition could easily have been found through the exercise of reasonable diligence. In light of these considerations, we conclude that the second General Plastic factor weighs in favor of a discretionary denial of instituting the proceeding.” slip op. at 13

  Discretionary denial
  Patents in suitUS 8,079,086

Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.