• Radware, Inc. v. F5 Networks, Inc.Institution denied
  PTAB · Oct 23, 2017 · IPR2017-01249 · APJ Kristen L Droesch · IPR · Institution

  The Board denied institution because Radware, Inc. did not identify Radware, Ltd. as a real party in interest.

  RulingsInstitution decision

  • PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDecided for patent owner

    “review, “the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption. But this rule does not shift the burden of persuasion, which remains on the party who had it originally.” Fed. R. Evid. 301; see 37 C.F.R 42.62(a). Accordingly, when a patent owner provides sufficient evidence prior to institution that reasonably brings into question the accuracy of a petitioner’s identification of real parties-in-interest, the overall burden remains with the petitioner to establish that it has complied with the statutory requirement to identify all real parties-in-interest. Zerto at 7. The allocation of the burdens of production and persuasion for identification of all real parties in interest appropriately accounts for the fact that a petitioner is far more likely to be in possession of, or have access to, evidence relevant to the issue than is a patent owner. Id.” slip op. at 5

  Discretionary denial
  Patents in suitUS 6,311,278
• Mastercard International Inc. v. Alexsam, Inc.Institution denied
  PTAB · Sep 21, 2017 · CBM2017-00042 · APJ Christopher G Paulraj · CBM · Institution

  The Board denied institution because MasterCard lacked standing: it had not been sued for or charged with infringement under the CBM statute.

  RulingsInstitution decision

  • PTAB / AIA Trials › Real party in interest / privityDenied

    “Under § 18(a)(1)(B) of the America Invents Act (AIA), “[a] person may not file a petition for a transitional proceeding with respect to a covered business method patent unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or has been charged with infringement under that patent.” AIA § 18(a)(1)(B) (emphasis added); see also 37 C.F.R. § 42.302(a). Petitioner contends that this standing requirement is satisfied “because Patent Owner sued Petitioner for alleged breach of a patent License Agreement involving the ‘608 Patent.” Pet. 4 (citing Ex. 1002). After considering the parties’ arguments, including those set forth in their supplemental briefs, we determine that Petitioner has not met its burden of demonstrating that it is eligible to bring this CBM review. See 37 C.F.R. § 42.304(a) (“The petitioner must demonstrate . . . that [it] meets the eligibility requirements of § 42.302.”).” slip op. at 5

  • BurdenDecided for patent owner

    “Under § 18(a)(1)(B) of the America Invents Act (AIA), “[a] person may not file a petition for a transitional proceeding with respect to a covered business method patent unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or has been charged with infringement under that patent.” AIA § 18(a)(1)(B) (emphasis added); see also 37 C.F.R. § 42.302(a). Petitioner contends that this standing requirement is satisfied “because Patent Owner sued Petitioner for alleged breach of a patent License Agreement involving the ‘608 Patent.” Pet. 4 (citing Ex. 1002). After considering the parties’ arguments, including those set forth in their supplemental briefs, we determine that Petitioner has not met its burden of demonstrating that it is eligible to bring this CBM review. See 37 C.F.R. § 42.304(a) (“The petitioner must demonstrate . . . that [it] meets the eligibility requirements of § 42.302.”).” slip op. at 5

  Discretionary denial
  Patents in suitUS 6,000,608
• Mastercard International Inc. v. Alexsam, Inc.Institution denied
  PTAB · Sep 21, 2017 · CBM2017-00041 · APJ Christopher G Paulraj · CBM · Institution

  The Board denied institution because MasterCard lacked standing: it was neither sued for nor charged with infringement of the challenged patent.

  RulingsInstitution decision

  • PTAB / AIA Trials › Real party in interest / privityDenied

    “may not file a petition for a transitional proceeding with respect to a covered business method patent unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or has been charged with infringement under that patent.” AIA § 18(a)(1)(B) (emphasis added); see also 37 C.F.R. § 42.302(a). Petitioner contends that this standing requirement is satisfied “because Patent Owner sued Petitioner for alleged breach of a patent License Agreement involving the ‘787 Patent.” Pet. 4 (citing Ex. 1002). After considering the parties’ arguments, including those set forth in their supplemental briefs, we determine that Petitioner has not met its burden of demonstrating that it is eligible to bring this CBM review. See 37 C.F.R. § 42.304(a) (“The petitioner must demonstrate . . . that [it] meets the eligibility requirements of § 42.302.”).” slip op. at 5

  Discretionary denial
  Patents in suitUS 6,189,787

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.