PTAB Stands by Decision to Institute Trial on Challenge by Unified Patents


In July, the Patent Trial and Appeal Board instituted a trial for all challenged claims in an inter partes review filed by Erise IP partners Jason Mudd and Eric Buresh and associate Kelly Hughes on behalf of Unified Patents against a non practicing entity (NPE).

The NPE, as reported by Law360, requested the PTAB reconsider its decision, but the board denied that request saying, “it could find no clear error in its reasoning to institute inter partes review.”

In its decision, the PTAB wrote, “A request for rehearing is not an opportunity to provide rebuttal arguments.”

“Jason Mudd and Eric Buresh of Erise are thorough and talented counsel and we greatly enjoy working with them,” Unified Patents Chief Intellectual Property Counsel Jonathan Stroud told Law360. “This decision demonstrates that the board generally considers all of the relevant context when considering whether to institute, and is savvy to arguments that might overstate the level of overlap or obscure the timing or state of other proceedings.”