another efficient infringemnt attempt failed PTAB Upholds Kamatani Cloud Patent Challenged by Unified Patents
By Gene Quinn & Steve Brachmann September 28, 2018 Last week the Patent Trial and Appeal Board (PTAB) entered a final written decisionterminating an inter partes review (IPR) proceeding that had challenged a patent owned by technology licensing company Kamatani Cloud. According to the PTAB, petitioner Unified Patents failed to show by a preponderance of evidence that any of the challenged claims of the patent were invalid on obviousness ground under 35 U.S.C. § 103.
.... In upholding the validity of the challenged claims, the PTAB administrative patent judges (APJs) noted that Unified Patents contentions of claim 1 being obvious in light of the combination of Sunshine and Miyajima was based on claim constructions that could not be adopted. The Board also found that Miyajima did not teach detecting “if any instrument has the functional ability to measure measurement data.” Rather, Miyajima simply taught the detection of an instrument’s availability and not the detection limitation specific to the ‘940 patent. Further, the Board found contrary to Unified’s submitted expert testimony that Sunshine taught a detection of an inability to measure, finding that Sunshine rather taught the updating of an electronic library. The PTAB found similar deficiencies in Unified’s arguments leading the Board to uphold all 22 challenged claims of the ‘940 patent.
“Of course, we are pleased with this outcome,” said Alexander Poltorak, Chairman and CEO of General Patent Corporation. “However, since its inception, the America Invents Act has systematically shifted the balance of power away from innovators and towards corporate infringers. Although the IPR process was designed to provide at least some level of due process to the patent owners by requiring disclosure of real parties of interest, corporate infringers hide behind Unified Patents to exploit loopholes in the process. The cost of this practice is the erosion of the American patent system to the detriment of innovation and innovators alike. We at General Patent Corporation intend to vigorously oppose such actions.”
https://www.ipwatchdog.com/2018/09/28/ptab-upholds-kamatani-cloud-patent-challenged-unified-patents/id=101726/
-It's crucial that McKool Smith's principal litigators all have M.Eng degrees to fight and win the case..