VLSI Claims Deemed Unpatentable

On May 12, 2023, the Intel v. VLSI chronicle continued as the PTAB issued a final written decision holding that all of the challenged claims of VLSI's U.S. Patent No. 7,725,759 ("the '759 patent") were unpatentable as obvious. See OpenSky Indus., LLC v. VLSI Tech. LLC, IPR2021-01064, Paper 135 (May 12, 2023). This decision potentially vacates $675 million of VLSI's $2.175 billion trial court infringement award.

This decision was the most recent development in the dispute that began in 2019. In April of that year, VLSI sued Intel in the Western District of Texas for infringement of two of its patents, one of which was the '759 patent. Intel petitioned for inter partes review ("IPR") in November 2019, but the PTAB discretionarily denied institution citing the advanced parallel infringement proceedings in the district court. See Intel Corp. v. VLSI Tech. LLC, IPR2020-00158, Paper 16 (May 20, 2020). VLSI prevailed on its infringement claims, and a jury awarded VLSI