IPR Success for Client Microsoft

Published October 26, 2022

Klarquist scored a win at the Federal Circuit for client Microsoft, obtaining vacatur and remand of a PTAB final written decision in an IPR against adversary Uniloc. In that IPR, the PTAB had upheld all challenged claims upon finding that the cited prior art grounds failed to satisfy a comparison step recited in all challenged claims. On appeal, the Federal Circuit vacated this factual finding for lack of substantial evidence, and also reversed the PTAB on a related claim construction issue. This win was particularly noteworthy given the relative rarity of such decisions, as the Federal Circuit typically reverses or vacates the PTAB in less than 15% of cases and on issues of fact in only about 5% of cases.

Sarah E. Jelsema, Andrew M. Mason, John D. Vandenberg, and J. Christopher Carraway worked on the briefs, and Andy argued against the case at the Federal Circuit. This reversal comes after a string of eight earlier PTAB victories against Uniloc, by a Klarquist team of Stephanie Fulk, Toni Kammers, Sarah Jelsema, Ryan L. Frei, Todd M. Siegel, Joseph T. Jakubek,  Andy Mason and others.