Qualcomm Inc. v. Bandspeed, Inc.
In a case where the patent owner settled out of an IPR
proceeding with the petitioners but not with a party seeking
joinder, the Patent Trial and Appeal Board (PTAB or Board)
instituted inter partes review of all the challenged
claims based on the joining party's petition and granted its
joinder motion. Qualcomm Inc. v. Bandspeed, Inc.,
IPR2015-00314;-01577 (PTAB, Nov. 16, 2015) (Boucher, APJ).
Marvell Semiconductor and MediaTek filed a petition to institute
inter partes review of certain claims of a patent owned by
Bandspeed. Bandspeed did not file a preliminary response. Soon
after Marvell and the patent owner settled the underlying dispute
and filed a joint motion to terminate that was granted. The next
day, the PTAB instituted an inter partes review based on
the MediaTek petition. Soon afterwards Qualcomm filed a petition
along with a motion seeking to join both the MediaTek and Marvell
IPR petitions.
