Defending patent owner Gracenote, Erise IP shareholders Jennifer Bailey, Jason Mudd, Megan Redmond and senior associate Robin Snader recently obtained a merits-based non-institution for three IPRs filed by the petitioner, Free Stream Media (d/b/a Samba). The U.S. Patent Trial and Appeal Board (PTAB) deemed Samba failed to demonstrate a reasonable likelihood of prevailing at trial as to any challenged claim.

The PTAB concluded that the petitioner 1) had not sufficiently shown that prior art teaches or suggests at least one of the claimed features, and 2) that neither the petitioner nor the petitioner’s expert testimony explains why the prior art would be obvious to configure.