Erise shareholders Adam Seitz and Paul Hart, along with associate Cliff Brazen, successfully petitioned the Patent Trial and Appeal Board (PTAB) for inter partes review (IPR) on behalf of a technology client in a database patent infringement case against an intellectual property licensing company.
The Erise team argued that 42 claims of the plaintiff’s patent are “obvious” based on a combination of prior art. The company attempted to get the IPR rejected, saying the defendant’s “failure to propose claim constructions for a trio of terms in the patent renders the petition fatally deficient,” but the PTAB agreed Erise had met its burden.
As Law360 reported, the judge stated, “Based on the evidence available on the preliminary record, [the defendant] has demonstrated a reasonable likelihood of success in showing that at least one of the challenged claims of the ‘985 patent is unpatentable on the grounds raised in the petition.”