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ARTICLE · 04 MARCH 2015

Petitioners Cannot Respond To Substantive Issue Raised In Preliminary Response

McDermott Will & Emery
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The petitioners, VTech and Uniden, filed a petition for IPR challenging the validity of a patent owned by Spherix.

United StatesIntellectual Property
Jason Bang
Jason Bang
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VTech, Inc. v. Spherix Inc.

Addressing whether a petitioner in an inter partes review (IPR) can respond to a patent owner's preliminary response, the U.S. Patent and Trademark Office's (PTO) Patent Trial and Appeal Board (PTAB or Board) denied the petitioner's motion to submit supplemental information after the patent owner filed a Preliminary Response, finding that the request amounted to a prohibited reply.  VTech, Inc. v. Spherix Inc.,Case No. IPR2014-01432 (PTAB, Jan. 21, 2015) (Chang, APJ).

The petitioners, VTech and Uniden, filed a petition for IPR challenging the validity of a patent owned by Spherix.  The patent owner filed a Preliminary Response arguing that the Board should not institute IPR because there was no reasonable likelihood that petitioners would prevail.

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