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ARTICLE · 06 NOVEMBER 2014

Too Much Incorporation By Reference Dooms IPR Petition

The PTAB noted that the petitioner was using footnotes as a way to cite large portions of the declaration into its petition.

United StatesIntellectual Property

Cisco Systems, Inc. v. C-Cation Technologies, LLC

In a decision issued by the Patent Trial and Appeal Board (PTAB or Board), the Board denied institution of inter partes review (IPR) of several challenged claims of the patent at issue, determining that the information provided in the petition itself did not demonstrate a reasonable likelihood that the petitioner would prevail. Cisco Systems, Inc. v. C-Cation Technologies, LLC, Case No. IPR2014-00454 (PTAB, Aug. 29, 2014) (Droesch, APJ).

The patent at issue generally relates to two-way communication services on a multiple access communication system. The system in question is comprised of a central controller, a shared transmission media and multiple remote terminals dispersed throughout a network.

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