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ARTICLE · 07 FEBRUARY 2023

PTAB Denies Joinder To Settled IPR

Jones Day
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On September 1, 2022, CommScope, Inc. ("CommScope") filed a Petition for inter partes review ("IPR") of claims 8–10, 15, 24–26, and 31 of U.S. Patent No. 8,462,835 ("the '835 Patent")...

United StatesIntellectual Property
David Linden
David Linden
David Maiorana
David Maiorana
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On September 1, 2022, CommScope, Inc. ("CommScope") filed a Petition for inter partes review ("IPR") of claims 8–10, 15, 24–26, and 31 of U.S. Patent No. 8,462,835 ("the '835 Patent") in IPR2022-01443 ("the '443 IPR"). The '835 Patent is assigned to TQ Delta, LLC ("TQ Delta") and involves evaluating the impact of impulse noise on a communication system and using that evaluation to determine a configuration of the system that adapts to impulse noise events. CommScope concurrently filed a Motion for Joinder, requesting that it be joined to IPR2022-00471 ("the '471 IPR"), filed by Nokia of America Corp ("Nokia") in January 2022.

The Petition filed by CommScope in September was, by CommScope's admission, a "copycat" petition setting forth "the exact same grounds" as those set forth in Nokia's petition in the '471 IPR. Nokia similarly acknowledged that its petition in the '471 IPR was duplicative of a petition filed by CommScope in IPR2022-00352 ("the '352 IPR) on

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