The Patent Trial and Appeal Board (PTAB) saw a decline in petitions for AIA review filed against NPES in April 2017. While the total number of April petitions, 120, was somewhat less than the three-year monthly average of 150, NPEs were hit by 20 petitions in April, a 68.8 percent decline from 64 the previous month. The dip in April PTAB filings comes in the midst of an overall increase in PTAB petitions over the previous year, with the total number of petitions filed so far in fiscal year 2017 nearing 1,200 as of the date of this report (compared to just over 930 petitions during the same period last year). Prolific private litigants remain a regular target for PTAB petitions, with petitions filed in April against IP Edge LLC and Uniloc Corporation Pty. Limited, while Acacia Research Corporation was the only publicly traded NPE named in petitions brought during that month.
Adaptix filed two new suits against HTC alongside wireless carriers AT&T and Verizon. Both cases involve two patents related to OFDMA communication (6,947,748, 7,454,212) and accuse HTC mobile handsets of infringement. Adaptix has asserted these same patents against a number of other mobile device manufacturers, including BlackBerry, Huawei, and ZTE, along with the service providers that sell those phones. The patents are part of a larger portfolio that Adaptix has been asserting since 2008. The entity’s litigation campaign significantly increased after it was acquired by Acacia Research in 2012. The patents-in-suit originated with Broadstorm Telecommunications and were transferred to Adaptix in 2004. RPX reviewed the asserted patents and the portfolio to which they belong in an open market opportunity in May 2011. 5/21, Northern District of California, 4:14cv02359, 4:14cv02360
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