In the third quarter of last year, Wi-LAN, Inc. joined Acacia Research Corporation to become one of the two most active publicly traded NPEs in patent litigation (among the over 20 publicly traded NPEs that RPX monitors). But while Acacia and WiLAN have continued to share that distinction over the past year, according to the NPEs’ recent earnings reports, they ended Q3 2016 with markedly different overall results.
A Texas judge has severed and stayed the majority of asserted claims from a case against Apple after the Patent Trial and Appeal Board (PTAB) instituted multiple inter partes reviews (IPRs) against nearly all of the claims at issue. In an order issued on October 5, District Judge Rodney Gilstrap partly granted a motion to sever and stay the entire proceeding filed by Apple in a May 2015 lawsuit brought by Acacia Research Corporation subsidiary Parthenon Unified Memory Architecture LLC (2:15-cv-00621). Judge Gilstrap severed all of the asserted claims from four of the patents-in-suit (5,812,789; 5,960,464; 7,321,368; 7,542,045) into a new action, given that the PTAB had granted review of all challenged claims from those patents, and immediately ordered that the new case be stayed (2:16-cv-01098). However, because the PTAB instituted trial only for a portion of the claims from the fifth patent (7,777,753), Judge Gilstrap declined to sever or stay any of the claims from that patent in the original case.