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Wins Raise Patent Owner IPR Success Rate to 92%

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Key Facts

  • Industry-wide, the patent owner win rate in IPRs with Final Written Decisions is only 35%
  • Mintz took over representation AFTER IPRs were already instituted
  • Preserved 105 out of 107 claims in 14 IPRs

The Situation

IPRs filed against 12 patents held by ELM 3DS by some of the largest tech companies in the world threatened to derail litigation pending in the District of Delaware (DDE). Mintz was hired as replacement counsel to develop and execute the defense after the IPRs were instituted. For purposes of the oral argument the cases were consolidated. 

The Approach

We had to quickly get up to speed on the technology, patents, and arguments made against the 107 claims being challenged in the IPRs. Our team of Michael T. Renaud, Michael Newman, and William “Bill” Meunier collaborated to create the defense. Bill argued the case in front of the Patent Trial and Appeal Board (PTAB) on April 6, 2017.

The Outcome

The Administrative Law Judges of the PTAB issued a highly favorable series of decisions in June and August upholding the validity of 105 out of 107 claims challenged in the IPRs, clearing the way for ELM 3DS to continue its lawsuits in DDE, and increasing Mintz’s win percentage representing respondents in IPRs with Final Written Decisions to 89% (92% if denials of institution are included).

Supporting Professionals

Mintz's team was hired as replacement counsel. Our attorneys quickly got up to speed on the case's technology, patents, and arguments to execute a successful defense.