The internationally recognized Maier & Maier PLLC law firm won a major IPR victory for Foxrun Development securing a non-institution decision from the PTAB, overcoming 4 challenges to their network security patent asserted by Terralink in IPR2017-02102.
The patent reviewed (9,460,319 B1) relates to enhancing computer network security by physically blocking unused computer ports with “linear actuators” and a “securing member”. Terralink challenged the patent on two counts of obviousness, one count of anticipation and one count under 35 U.S.C. § 112(f) by referencing two patent applications (US 2016/0294098 and US 2015/0020189 A1), which also related to physically blocking unused computer ports.
In response to the September 13, 2017 Petition by Terralink, Maier & Maier argued that the § 112(f) ground was invalid for an IPR proceeding, while the other three grounds failed to meet the statutory standard. As the PTAB decision explained, Terralink neglected to explain “where each element of the claim is found in the prior art patents or printed publications relied upon” by failing to identify both corresponding components and corresponding functionality.
Maier & Maier successfully argued that none of the asserted grounds for unpatentability demonstrated a reasonable likelihood of success as discussed above, and obtained the PTAB’s non-institution decision for Foxrun Developments on March 6, 2018-less than six months after the petition was filed.
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