23 Nov CCI Antenna Patent Upheld
New York, November 3, 2016 — After reviewing a Preliminary Response submitted by Joe Sofer and his team, the three judge panel at Patent Trial and Appeal Board (PTAB) today, unanimously denied a petition for inter parties review (IPR) filed by Commscope Technologies LLC, which challenged the validity of CCI Antenna’s U.S. Patent No. 8,311,582 B2 (“the ’582 patent”). The technology covered by the patent enables wireless operators to re-use their valuable spectrum and significantly increase capacity in dense LTE environments. After reviewing the documents submitted by Commscope’s attorneys and expert, the PTAB sided with CCI and denied the petition in its entirety. The PTAB specifically found that Commscope failed to demonstrate any reasonable likelihood that it would prevail in establishing the unpatentability of claims 1–28 of the ’582 patent.
“This is another major IPR victory we have achieved for a client” explained Joe Sofer who is a managing partner of Ipsilon USA. The victory is even more remarkable considering that PTAB’s decision was rendered only six months after Commscope filed its IPR petition. Significantly, this decision is final, and not subject to appeal. In June 2016, the Supreme Court of the United States held that the IPR rules forbid most appeals regarding the institution decision. Cuozzo Speed Techs., LLC v. Lee, Case No. 15-446 (June 20, 2016).