The Maier & Maier litigation team scored another victory at the Patent Trial and Appeal Board (PTAB), securing an institution order on behalf of the Petitioner, Eve Energy Co., Ltd. (“Eve”). Despite Patent Owner Varta Microbattery GmBH’s Patent Owner Preliminary Response, the PTAB has determined that Maier & Maier, on behalf of Eve, demonstrated a reasonable likelihood that it will prevail with respect to at least one of the challenged claims.
On behalf of Eve, Maier & Maier challenged claims of U.S. Patent No. 9,496,581 on obviousness grounds. Maier & Maier’s strategic use of testimonial evidence appears to have greatly benefited its position, while the Patent Owner Preliminary Response was limited to attorney argument without testimonial evidence. In reaching its decision, the PTAB also agreed with Eve’s asserted level of ordinary skill in the art and Eve’s assertions regarding claim construction.
On August 9, 2021, the PTAB ordered that the inter partes review be instituted for all challenged claims.
If you or your company need similar assistance, please contact Maier & Maier’s litigation team here.
In their latest triumph at the PTAB, Maier & Maier PLLC has won a major victory for GREE, Inc. by securing a non-institution decision, overcoming 3 challenges to their social gaming patent asserted by Supercell Oy in PGR2018-0037.
The challenged patent (9,662,573) covers a method for controlling a server device, a server device, a computer-readable recording medium and a game system. Supercell challenged the patent on three grounds: §101, §112(a), and §112(b).
The PTAB denied institution of the challenge as to all of the claims. The PTAB explained their decision on the §101 challenge, stating “we are unpersuaded by Petitioner’s argument that providing these sequential incentives, as claimed, was conventional and known in the prior art.” The analysis goes on to emphasize that Supercell failed to provide evidence, such as expert testimony or contemporaneous prior art, and also failed to provide relevant case law or persuasive argument to support its contention. Meanwhile for the §112 challenges, Maier & Maier successfully demonstrated that the patent was “cast in clear—as opposed to ambiguous, vague, indefinite—terms” and that Supercell “offered no credible evidence to support its assertion”.
Since Maier & Maier showed that none of the asserted grounds for unpatentability demonstrated a reasonable likelihood of success, as discussed above, the PTAB issued a decision denying institution, dealing Supercell a serious blow in their ongoing patent litigation.
July 2, 2018 (Alexandria, VA) Maier & Maier PLLC is proud to announce its newest addition to the firm, Stephen Kunin, the former Deputy Commissioner for Patent Examination Policy at the United States Patent and Trademark Office.
As an expert in patent law for over 48 years, Mr. Kunin is a highly respected member of the patent industry. One of the masterminds of the revisions to the Rules of Practice and Manual of Patent Examining Procedure, Mr. Kunin worked over 3 decades at the U.S. Patent Office, serving his final ten years as Deputy Commissioner for Patent Examining Policy, and winning 9 Medals (4 Gold) from the Department of Commerce, a Career Achievement Award from the USPTO, and a Reinventing Government Hammer Award from the Vice President, among other notable distinctions.
Mr. Kunin brings with him an expert level of knowledge in every aspect of prosecution and post-issuance proceedings, a highly strategic thought leader on the tactical advantages of post-grant procedures in lieu of traditional litigation, and his continued specialty as a highly sought consultant and expert witness on all matters relating to USPTO patent policy, practice, and procedure.
Timothy Maier, Managing Partner of Maier & Maier, commented that “Stephen Kunin has a deep well of knowledge on patent issues, starting with his time at the Patent Office and continuing today. He’ll be an invaluable resource to our firm and his expertise will help us provide our clients with the best service possible.”