Federal Circuit Declines to Undo Reversal of Network-1 PTAB Ruling, Upholding Google Win

July 13, 2018

Publicly traded Network-1 Technologies, Inc. has seen another setback after reporting mixed financial results for the first quarter, as the Federal Circuit has just declined to overturn an adverse appeal ruling in favor of Google and subsidiary YouTube. On July 10, the Federal Circuit summarily declined to grant an en banc or panel rehearing of its March opinion that reversed a series of final decisions by the Patent Trial and Appeal Board (PTAB) in four inter partes reviews (IPRs) filed by Google and YouTube. In that upheld opinion, the court ruled that the Board had erred in declining to cancel claims from four of the NPE’s content identification patents due to an improper claim construction. The holding comes as Network-1 contends with the partial invalidation, late last year, of a patent from another portfolio that has been responsible for the majority of its licensing revenue.

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