Petition for IPR of Evolutionary Intelligence Patent Granted Based on Railroad Patent Reference
In response to a petition filed by Apple, the USPTO is instituting an inter partes review (IPR) of an Evolutionary Intelligence patent. In October 2013 Apple, Facebook, Twitter, and Yelp challenged claims of two Evolutionary Intelligence patents related to data analysis within a computer network (7,010,536, 7,702,682). Facebook filed a petition for IPR of claims 15 and 16 of ‘536, and Twitter and Yelp jointly filed a petition for IPR of claims 1-16 of ‘536. That same month Apple filed several IPR petitions challenging claims 1-16 of ‘536 and also claims 1-23 of ‘682. The petitioners requested cancellation of claims 1-16 of the ‘536 patent as being anticipated by previous patents. In its challenge of ‘682, Apple argued that claims 1-23 of the patent are anticipated and/or obvious over prior art. All of the companies’ bids for IPR were rejected with the exception of Apple’s challenge of claims 2-12, 14, and 16 of ‘536. In a decision released last week, the Patent Trial and Appeal Board granted inter partes review of those claims as being anticipated by a previous patent (5,836,529).