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Katten Obtains Favorable Ruling for Kyocera in Patent Office Inter Partes Review

Firm News | April 1, 2014

The US Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) has sided with Kyocera Corporation in an inter partes review proceeding. Kyocera, along with several other smartphone manufacturers, was sued for patent infringement in the US District Court for the District of Delaware by SoftView LLC. In that lawsuit, SoftView alleged that the zooming features of the defendants’ smartphones infringed two of SoftView’s patents. After the court limited SoftView to the assertion of 20 patent claims in the lawsuit, Kyocera timely filed petitions for inter partes review of those claims. In fact, Kyocera was the only defendant to do so within the time frame allowed by the statute. On March 29, 2013, the PTAB granted Kyocera’s petitions, instituting inter partes review proceedings as to all of the claims of SoftView’s patent that SoftView had asserted in the lawsuit. On September 4, 2013, the court stayed SoftView’s infringement lawsuit, pending the outcome of the inter partes review proceedings. On March 27, 2014, the PTAB issued final written decisions, holding that all of SoftView’s asserted patent claims were unpatentable. Partners Richard Bauer, Eric Cohen and Michael Dorfman and associates Eric Carlson and Michael Tomsa represented Kyocera in this case. (“SoftView Mobile Web Display Patents Nixed in AIA Reviews,” March 28, 2014)

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