Today example of USPTO Ruling Denying Inter Partes Review of claims !
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Feb 05, 2015 11:46PM
February 05, 2015 09:50 ET
LOS ANGELES, CA--(Marketwired - Feb 5, 2015) - Marathon Patent Group, Inc. (NASDAQ: MARA) ("Marathon"), a patent licensing company, announced today that on February 4, 2015, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) denied a petition for inter partes review (IPR) of claims 1, 2, 15, and 17 filed by EMC Corporation, EMC International U.S. Holdings, Inc., and VMware against Marathon subsidiary Clouding Corp's U.S. Patent No. 5,944,839 ('839 patent).
Although claims 1, 2, 15, and 17 were challenged on two separate grounds, the PTAB held that, "Petitioner has demonstrated a reasonable likelihood that it would prevail in showing unpatentability of claims 6, 8, and 14, but not claims 1, 2, 15, and 17 of the '839 patent."
"We are pleased with the USPTO's decision denying EMC Corporation, EMC International U.S. Holdings, Inc., and VMware's IPR petition on claims 1, 2, 15, and 17 of the '839 patent. Of the three claims asserted against the defendants (1, 6, and 17), two of the three (1 and 17) survived challenge," said Doug Croxall, Founder and CEO of Marathon Patent Group. "We will continue to seek reasonable royalty payments from those who infringe the '839 patent. Hopefully the IPR denial of the aforementioned claims will encourage the parties in suit to reach reasonable licensing arrangements with Clouding Corp."