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ARTICLE · 10 FEBRUARY 2015

Draft Available Only As A Password-Protected Download Is Not A Printed Publication

McDermott Will & Emery
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Addressing a petition to institute an inter partes review of a patent for communicating between different modem types, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board declined to institute a review.

United StatesIntellectual Property
Alexander Ott
Alexander Ott
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Samsung Electronics Co. Ltd. v. Rembrandt Wireless Techs., LP

Addressing a petition to institute an inter partes review of a patent for communicating between different modem types, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB or Board) declined to institute a review, finding that the key document used for all invalidity grounds did not constitute a printed publication and thus there was not a reasonable likelihood that the petitioner would prevail.  Samsung Electronics Co. Ltd. v. Rembrandt Wireless Techs., LP, Case No. IPR2014-00891 (PTAB Dec. 10, 2014) (Busch, APJ).

Rembrandt Wireless asserted two patents against various Samsung entities in district court litigation, and Samsung responded by filing four inter partes review petitions against the first patent and six petitions against the second.  Three of the petitions against the second patent relied on a draft version of a wireless standard that was being considered by a working

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