The Curious Case of New Bay Capital LLC and VirnetX Inc.

Authored by Michelle Carniaux and Michael E.Sander

In June 2013, a newly formed company called New Bay Capital, LLC (“New Bay”) filed four petitions for inter partes review of patents owned by a publicly traded patent licensing entity VirnetX Holding Corporation (“VirnetX”). See IPR2013-00375, 00376, 00377, and 00378. VirnetX had recently won a jury verdict against Apple Inc. (“Apple”) on the same patents for hundreds of millions of dollars and was proceeding through the appeals process against Apple. Neither New Bay nor its parent company, Eastern Shore Capital, LLC, were involved in the VirnetX litigation, nor does is appear that New Bay made or sold anything related to the technologies covered by the patents, so New Bay’s motive for filing four IPR petitions was unclear.

Click here to continue reading...

Versata files Notice of Appeal of First CBM Ruling

Authored by A. Antony Pfeffer

On the same day the PTAB issued a final written decision in an IPR, Versata has filed a notice of appeal regarding the first final written decision in a CBM. The ongoing story of CBM 2012-001 has been reported in previous posts, including “Decision of Rehearing of First CBM to Wait a Little Longer” and “First CBM Review Affirmed on Rehearing, on to Next Stage.”

First Final Written Decision in IPR Issued; Petitioner Wins

Authored by A. Antony Pfeffer

In the first final written decision (IPR2012-0001, Paper 59) in an IPR, APJ’s Lee, Thierney, and Cocks ruled that all of the claims for which trial was instituted were unpatentable.

Click here to continue reading…

Joinder Granted More than One Month after Institution

Authored by Michelle Carniaux and Michael E. Sander

According to 37 C.F.R. § 42.122(b), “any request for joinder must be filed . . . no later than one month after the institution date of any inter partes review for which joinder is requested.” However, in at least one case, a motion for joinder was granted even though it was filed after the one month deadline.

Click here to continue reading…