X One Appeals Ruling That Statements Made During an IPR Constitute Prosecution Disclaimer
In November 2018, District Judge Lucy H. Koh lifted a stay imposed in a case filed by X One Inc. against Uber roughly two years earlier. The Patent Trial and Appeal Board (PTAB) had just handed down final written decisions declining to cancel any challenged claim from either of two asserted patents, which Uber had unsuccessfully challenged early on as patent-ineligibly drawn to the abstract idea of “gathering and displaying position information of wireless device users”. The stay lifted, the suit proceeded toward trial; X One had survived Alice and had apparently survived the PTAB, relatively unscathed. Not so fast.
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