Attorneys from Mintz, Cohn, Ferris, Glovsky and Popeo, P.C. have once again leveraged their historic IPR appellate victory on behalf of client Straight Path IP Group into further success before the U.S. Patent Trial & Appeal Board, which has ruled in Straight Path’s favor on a petition for Inter Partes Review of Straight Path’s U.S. Patent No. 6,701,365. This victory paves the way for Straight Path’s “point-to-point protocol” patents to outlast an array of IPR challenges filed by LG, Samsung, Cisco, Verizon, Sipnet and others, opening the door for Straight Path to resume its pending district court actions against these and other defendants.
In its decision, PTAB determined that petitioners Cisco Systems, Inc., Avaya, Inc., and Verizon Services. Corp. had failed to establish a reasonable likelihood of successfully challenging the validity of Straight Path’s patent. PTAB therefore denied the Cisco, Avaya and Verizon IPR petition in its entirety.
This victory come on the heels of Mintz’s and Straight Path’s recent victory at the Federal Circuit in Sipnet EU S.R.O. v. Straight Path IP Group, Inc., IPR2013-00246 (PTAB), in which PTAB had determined that the challenged claims of a Straight Path patent were unpatentable. Straight Path retained Mintz to appeal that adverse Sipnet IPR decision, and on appeal Mintz and Straight Path convinced the Federal Circuit to reverse and remand the Sipnet IPR decision in its entirety, the first time a patent owner achieved such a victory before the Federal Circuit.
Straight Path’s appeal victory already has led to victories in six Inter Partes Reviews challenging the validity of three Straight Path patents filed by Cisco Systems, Inc., Avaya, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC. PTAB’s decisions in similar IPRs filed by LG, Toshiba, Vizio, Hulu, Cisco, Avaya and Verizon are also imminent.
“This is a significant win for our client, further reinforces the value and quality of Straight Path’s patents and bodes well for Straight Path’s success in the remaining IPRs pending against its patents,” said William A. Meunier, a Member of the Intellectual Property Section.
In addition to Mr. Meunier, Straight Path was represented by Michael T. Renaud, Division Head for the IP section, Mintz IP Members Michael C. Newman, and James Wodarski, and associate Nicholas W. Armington.