In First-Ever Reversal of PTAB Decision, Fed. Cir. Determines Claim Construction of a Data Access Patent to Be Too Broad
- June 18, 2015
This week, the Federal Circuit issued its first reversal of an AIA decision, vacating the PTAB’s invalidation of eight claims of a patent asserted against Microsoft. The patent-in-suit is owned by Proxyconn, Inc., a web accelerator company, and relates to a system for increasing the speed of data access in a packet-switched network (6,757,717). Proxyconn filed four suits against Acer, Dell, HP, and Microsoft in November 2011, accusing Microsoft Windows, and products running the operating system, of infringing the ‘717 patent. Judge David Carter of the Central District of California consolidated the cases a few months later (8:11cv01681) and, in November 2012, stayed the case pending IPR proceedings. In a final decision issued in February 2014, the PTAB found all but one of the challenged claims (claim 24) to be unpatentable as anticipated or obvious.