Dismissal of Nine Actions Following PTAB Final Decision

Published July 27, 2015

On Friday, July 24, 2015, Chief Judge Leonard P. Stark, U.S. District Court for the District of Delaware, dismissed with prejudice nine lawsuits asserting seven related patents against multiple travel web-site providers.

The dismissal was based on the successful challenge to selected claims of two of those seven patents, by the defendants in six of those cases, in two CBM post-grant review proceedings. The PTAB held each challenged patent unpatentable under Secs. 101 and 103. (See Klarquist Defeats Metasearching Patent at PTAB and PTAB Rules Second Metasearching Patent Unpatentable). The patent owner did not appeal those decisions.

The dismissal with prejudice extended to all nine lawsuits and to the seven asserted patents because of the parties’ stipulation, which stayed the litigations pending PTAB review of asserted claims of two of the asserted patents.

Klarquist Sparkman, LLP represented the defendants in six of the nine suits, and the petitioners in both CBM trials, including J. Christopher Carraway, Kristin L. Cleveland, Robert T. Cruzen, Scott E. Davis, Andy Sfeir, Kristen Reichenbach, Ph.D., and John D. Vandenberg.