On September 6, 2019, a PTAB panel including USPTO Director
Andrei Iancu instituted inter
partes review ("IPR") of U.S. Patent No.
9,279,259 ("the '259 Patent"). The '259 Patent is
directed to a tile lippage removal system and is owned by Russo
Trading Company Inc. ("Russo").
Donnelly Distribution LLC and Raimondi S.P.A.
("Petitioner") filed an IPR petition challenging two
claims of the '259 Patent after Russo asserted it against
Donnelly in Russo Trading Company, Inc., v. Donnelly
Distribution LLC, No. 18-CF-1851-JPS (E.D. Wis.). Petitioner
argued that the two claims were obvious over three combinations of
prior art references which, like the '259 Patent, were all
directed to tile leveling and tile placement systems. Petitioner
also proposed constructions for several claims terms. Russo did not
file a preliminary response to the petition.
