Laurence & Phillips IP Law


L&P Defeats IPR Petition Against Patent for the Second Time

Laurence & Phillips IP Law (L&P) convinced the Patent Trial and Appeal Board (PTAB) not to institute an inter partes review (IPR) trial against U.S. Patent No. 7,124,325, owned by L&P client Polaris Innovations Ltd.  The patent is one of several at issue in infringement litigation brought by Polaris against NVIDIA Corp., which filed the IPR petition against the ’325 Patent.  This was the second IPR petition filed by NVIDIA against the ’325 Patent.  L&P filed a preliminary response, arguing that trial should not be instituted, pursuant to the Board’s General Plastic factors, for this second, “follow-on” petition filed by NVIDIA.  The PTAB agreed with Polaris’s arguments and exercised its discretion not to institute trial.  The case number is IPR2017-01819.

Matt Phillips of Laurence & Phillips IP Law commented, “Follow-on petitions need to be carefully drafted to overcome the Board’s skepticism of what often appears to be an unjustified second bite at the apple.”  Matt added, “We are proud to have twice convinced the Board not to institute trial against Polaris’s ’325 Patent.”

Kevin Laurence