In a proceeding that included Patent Office Director Andrei
Iancu on the panel, the PTAB issued an order this past week denying
institution of 3 IPRs filed by Valve. The decision demonstrates
that the PTAB continues to tighten its standards for institution of
post-grant challenges, including based upon considerations related
to what it perceives as fairness to patent owners.
In federal district court, Valve and HTC had been accused of
infringing the same patents. The plaintiff dismissed its case
against Valve without prejudice. HTC proceeded to file its own IPR
challenges for the asserted patents, and the PTAB issued its
institution decisions for each of the HTC's challenges.
Recently, the Federal Circuit found that an accused infringer must
file an IPR challenge within one year of being served with a
complaint, even if the complaint was dismissed without prejudice.
In response to that decision, Valve filed its own IPR
challenges.
