Boston, MA – Continuing its winning streak before the Patent Trial and Appeal Board (PTAB), Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. announced it had secured yet another victory, this time on behalf of client SimpliVity Corporation. The PTAB denied institution of two petitions for inter parte review brought by SimpliVity’s direct competitor, Springpath, Inc.
In its decisions, PTAB ruled in favor of SimpliVity in two IPR proceedings brought by Springpath challenging the validity of SimpliVity’s ’799 patent. The Board denied institution of the petitions because it found no substantial likelihood of success for Springpath’s challenge. With these victories at PTAB, the cloud of a stay due to IPR has been removed from SimpliVity’s patent infringement action currently pending against Springpath.
This decision represents another in a string of recent victories before the PTAB. Most recently, the PTAB decided in favor of firm clients, SL Corporation and Hyundai Motors America, in two IPR proceedings in which the petitioners had challenged the validity of the clients’ patent directed to an automatic control system to adjust automotive headlights. Earlier this month, the PTAB handed down positive decisions in four IPRs the firm handled for ParkerVision Inc., which designs, develops, and markets proprietary radio frequency (RF) technologies. The PTAB upheld significant claims in one of the many patents the company holds in the RF space. And rounding out the month, the PTAB denied a petition to institute an IPR against Mintz Levin client RAD Data Communications, a global telecom solutions and products vendor. That victory, which Mintz Levin achieved in collaboration with the Israel-based Intellectual Property firm A.C. Entis IP, was particularly significant because petitions to initiate IPRs are granted in the vast majority of cases.
“Mintz Levin's post grant practice continues to outperform the market on IPRs. While patent owners are having claims judged unpatentable at a rate of more than 80% by the PTAB, our team has a stellar record maintaining patent validity,” said Michael T. Renaud, Division Head for the Intellectual Property Section of Mintz Levin. “When our clients are facing major threats to their valuable patents, they turn to us to save them.”
The Mintz Levin team representing SimpliVity was led by Michael McNamara, a Member of Mintz Levin’s Intellectual practice, associates Daniel Weinger and Sandra Badin, and Alexandra Papas, a technology specialist, also in the firm’s Intellectual Property practice.