Financial Information Campaign Sputters Back to Life After Federal Circuit Reversal

September 22, 2016

A March 2016 Federal Circuit opinion reversing one decision of the Patent Trial and Appeal Board (PTAB) and vacating another has thawed an assertion campaign that had been on ice for approximately four years. In November 2010, InvestPic LLC brought suit against IBM, Oracle, and a dozen other defendants, alleging infringement of a single patent (6,349,291) generally related to re-sampling and displaying financial information over a network. IBM, SAS Institute, and Algorithmics filed a March 2012 request for inter partes re-examination of all 31 claims of the ‘291 patent, arguing anticipation and obviousness, and SAS Institute filed a June 2012 request for ex parte re-examination of a subset of claims (22-31). When the Patent Office granted both requests for re-examination, the parties still in suit in Delaware stipulated to a stay. Four years later, the Federal Circuit reversed the PTAB’s decision, confirming the validity of one subset of challenged claims, as amended, while remanding a smaller subset back down for further examination. InvestPic’s campaign has thus been revived, with the NPE filing a motion to lift the Delaware district court stay and SAP filing a Northern District of Texas complaint (3:16-cv-02689) seeking a declaratory judgment of non-infringement of the ‘291 patent.

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