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ARTICLE · 09 JUNE 2014

Keeping Score At The PTAB

In the final written decisions of five inter partes reviews, the PTAB overwhelmingly sided with the petitioner, canceling 124 out of 126 claims under review.

United StatesIntellectual Property

Motorola v. Mobile Scanning; Adidas v. Nike; Berk-Tek v. Belden; Munchkin, Inc. v. Luv N' Care, Ltd.

In the final written decisions of five inter partes reviews (IPRs) the Patent Trial and Appeal Board (PTAB) overwhelmingly sided with the petitioner, canceling 124 out of 126 claims under review.

Motorola v. Mobile Scanning

The PTAB cancelled all challenged claims and denied patent owner Mobile Scanning Technologies' motion to amend the claims. The IPR was instituted on grounds of anticipation and obviousness. The patent in issue disclosed an adapter that would electronically couple to a personal data assistant (PDA) and included a laser or other light source that could be modified into a digital signal to transfer information to the PDA. A significant issue raised during claim construction was the construction of the term "personal data assistant."  Mobile Scanning argued for a construction that included synchronization functionality between the PDA and a host

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