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ARTICLE · 20 JANUARY 2015

PTAB Issues Rare Dissent In Non-Institution Decision

McDermott Will & Emery
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In a decision denying institution of an inter partes review (IPR), the U.S. Patent and Trademark Office’s Patent Trial and Appeals Board (PTAB or Board) decided that the threshold for institution had not been met regarding the petitioners’ two priorart–based grounds.

United StatesIntellectual Property
G. Matthew McCloskey
G. Matthew McCloskey
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AOL Inc., et al. v. Coho Licensing LLC

In a decision denying institution of an inter partes review (IPR), the U.S. Patent and Trademark Office's Patent Trial and Appeals Board (PTAB or Board) decided that the threshold for institution had not been met regarding the petitioners' two priorart–based grounds.  One administrative patent judge issued a dissenting opinion, and, in doing so, may have set the stage for a rehearing on the institution decision.  AOL Inc., et al. v. Coho Licensing LLC, Case No. IPR2014-00771 (PTAB, Nov. 10, 2014) (Quinn, APJ) (Capp, APJ, dissenting-in-part).

Petitioners AOL and Cloudera filed a petition seeking IPR of Coho's patent directed to distributed computer processing in a network environment. According to the claimed invention, for this distributed computing, a computer that has been allocated a portion of a task may reallocate a portion of its task to another computer in the network. The petitioners challenged the claims of the

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