USPTO Institutes RPX’s Petition for Inter Partes Review of MacroSolve’s Sole Patent
In response to a petition filed by RPX Corporation, the USPTO decided to institute an inter partes review (IPR) of 7,822,816, the only patent owned by MacroSolve, Inc. The patent, which originated with MacroSolve, relates to a wireless handheld data collection system that uses a questionnaire to prompt a user to input the desired data. RPX’s November 2013 petition requested that the Patent Trial and Appeal Board (PTAB) review all claims of the ‘816 patent. According to a decision issued last week, PTAB concluded that there is a reasonable likelihood that claims 1-14 of the ‘816 patent are unpatenable as obvious over prior art. The PTAB also rejected MacroSolve’s argument that RPX failed to identify all real parties-in-interest and held that “[m]ere membership in Petitioner RPX Corporation, however, does not demonstrate the requisite control over Petitioner by the alleged unnamed real parties-in-interest.” A scheduling order has set oral arguments in this trial for March 2015. The ‘816 patent is also the subject of an ex parte reexamination initiated by GEICO. The USPTO recently notified MacroSolve that it intends to issue a Reexamination Certificate canceling all claims pursuant to a March 7, 2014 rejection because MacroSolve failed to file a timely response.