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ARTICLE · 09 JULY 2019

Semiconductor Patents Upheld Where IPR Petitions Fail To Explain Why Modifications Would Be Successful

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Samsung Electronics Co. v. Elm 3DS Innovations, LLC, Nos. 2017-2474 et al. (Fed. Cir. June 12, 2019), the Federal Circuit affirmed the PTAB's decisions finding eleven patents owned by Elm

United StatesIntellectual Property
Matthew J. Hlinka
Matthew J. Hlinka
Kevin Rodkey
Kevin Rodkey
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In Samsung Electronics Co. v. Elm 3DS Innovations, LLC, Nos. 2017-2474 et al. (Fed. Cir. June 12, 2019), the Federal Circuit affirmed the PTAB’s decisions finding eleven patents owned by Elm not unpatentable.

Elm asserted infringement of eleven patents relating to stacked integrated circuit memory against Samsung, Micron, and SK Hynix, who then filed thirteen IPR petitions challenging Elm’s patents at the PTAB. The PTAB found that the petitions did not provide sufficient evidence to establish unpatentability because they did not show that a person of ordinary skill in the art would have had a reasonable expectation of success in combining the prior art references. Samsung, Micron, and Hynix appealed.

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