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ARTICLE · 24 SEPTEMBER 2019

Should You File A "Copycat" IPR Petition?

Jones Day
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If you don't have new grounds to add, you may as well copycat. On September 4, 2019, the PTAB denied Microsoft's petition requesting inter partes review ...

United StatesIntellectual Property

If you don't have new grounds to add, you may as well copycat. On September 4, 2019, the PTAB denied Microsoft's petition requesting inter partes review ("IPR") of U.S. Patent No. 7,167,487 ("the '487 patent"); furthermore, the panel also denied Microsoft's motion to join its IPR to another IPR over the same patent filed by Apple. See Microsoft Corp. v. UNILOC2017LLC, Case IPR2019-00744, (PTAB, Sept. 4 2019) (Paper 11).

The '487 patent, which claims certain wireless network technologies, is owned by Uniloc 2017 LLC, who has filed infringement actions against many well-known cellphone manufacturers. In late 2018, a group led by Apple, including LG and Samsung, filed an IPR petition to review the patent. The PTAB instituted the IPR in June 2019. In March 2019, Microsoft filed its own IPR petition to review the '487 patent with essentially the same arguments.

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