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.
Acacia’s Adaptix is going after Ericsson again, filing three suits against the mobile communication company and service providers Sprint, T-Mobile, and Verizon, which use Ericsson’s voice communication transceivers. The suits assert three patents related to OFDMA technology and communication (6,870,808, 6,904,283, 7,146,172) and accuse Ericsson’s Radio Base Stations of infringing the patents-in-suit. Adaptix previously sued Ericsson back in January 2013 in a suit that also involved AT&T and MetroPCS. The suit involved the same accused products and asserted the ’283 and ’172 patents. Discovery in that case is scheduled to conclude in June 2014. RPX reviewed the patents-in-suit in May 2011 as part of an open market opportunity that involved a larger portfolio (Adaptix Acq). 5/20, Eastern District of Texas, 6:14cv00501, 6:14cv00502, 6:14cv00503
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