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ARTICLE · 07 APRIL 2015

Creative Interpretation Of Abandonment Cannot Save Patent

McDermott Will & Emery
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Hyundai filed a petition requesting an inter partes review (IPR) of claims of a patent owned by American Vehicular Sciences (AVS), a subsidiary of Acacia Research Group.

United StatesIntellectual Property
James Kritsas
James Kritsas
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Hyundai Motor Co. v. American Vehicular Sciences LLC

Addressing a request for adverse judgment by the patent owner, the U.S Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB or Board) denied patent owner's request,  finding that the patent owner improperly attempted to place conditions on the adverse judgment.  Hyundai Motor Co. v. American Vehicular Sciences LLC, Case No. IPR2014-00629 and -00176 (PTAB, Feb. 6, 2015) (Anderson, APJ).

Hyundai filed a petition requesting an inter partes review (IPR) of claims of a patent owned by American Vehicular Sciences (AVS), a subsidiary of Acacia Research Group.  In a related earlier filed proceeding, Toyota filed a petition requesting an IPR on the same patent and similar claims.  After institution of the Toyota IPR, AVS voluntarily cancelled all but one of the claims at issue in that IPR.  The remaining claim was later found unpatentable by the PTAB.

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