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ARTICLE · 25 OCTOBER 2017

PTAB Stays Reexamination In IXI Mobile (R&D) Ltd. v. Google LLC

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Google then argued to the PTAB that the reexamination should be stayed to avoid inconsistencies between the reexamination and the IPR.

United StatesIntellectual Property

In August 2016, Google petitioned for Inter Partes Review of U.S. Patent No. 7,552,124 (owned by IXI Mobile), asserting that claims 1–10 are unpatentable. In March 2017, the PTAB instituted the IPR as to claims 1–5, but denied institution for claims 6–10.

In July 2017, while the IPR was still pending, IXI Mobile requested ex parte reexamination for the '124 patent. In the reexamination, IXI Mobile argued that the references of record in the IPR raise new questions of patentability as to claims 6–10. IXI Mobile also added two new claims and argued that they are patentable. Thus, in the reexamination, claims 6–10 as well as additional claims are under review, but claims 1–5 are not.

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