Continued Fortress-Uniloc Litigation Prompts Pushback Before the PTAB as Apple Wins Cancellation of Claims from Three Patents

June 21, 2019

The past few years have seen a steady stream of litigation over patents held by Australian NPE Uniloc Corporation Pty. Limited, a flow that has intensified since IP investment firm Fortress Investment Group LLC took over Uniloc’s assertion efforts in May 2018. Since that acquisition, Fortress has aggressively litigated patents from that portfolio through its subsidiary Uniloc 2017 LLC, hitting a variety of defendants with an ongoing barrage of new complaints. As Uniloc 2017 continues to file litigation, defendants from those new campaigns as well as existing Uniloc campaigns asserting patents now held by Fortress have fought back by pursuing validity challenges before the Patent Trial and Appeal Board (PTAB). Three of the Board’s latest decisions were not in the NPE’s favor: On June 17, the PTAB invalidated claims from three patents in inter partes reviews (IPRs) filed by frequent Uniloc defendant Apple, which last year accused the NPE of “serially filing meritless patent infringement cases against it”. Those PTAB final decisions come as an earlier Uniloc campaign springs back to life, following a Federal Circuit decision that reversed the Alice invalidation of two of the NPE’s patents.

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