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.
The latest infringement suits filed by Adaptix, Inc. follow the usual format of the Acacia sub’s filings, naming as codefendants mobile device makers and wireless carriers. Amazon and AT&T are paired in one complaint, with Dell and Verizon (Cellco), and Sony and AT&T, in the other two complaints. The device makers’ computers, smartphones, and tablets, and the wireless carriers’ 4G LTE networks, are accused of infringing two patents related to orthogonal frequency division multiplexing (OFDM) data encoding (6,947,748, 7,454,212).
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