FWIW
posted on
Jul 07, 2016 09:16AM
An IPR ....as conditioned now ...is a final say with a gold seal .....and, IMVHO, it works both ways as to a final say for challenged IP, as well as, prior IP used in an IPR procedure.
With that, a petitioner had better make certain that the Prior IP that they site fit their future endeavors...
For the current Nunchi IPR's, Google is the sole petitioner, however the real challenge is MSFT/Dartmouth College vs. E.Digital ....Where the outcome of the IRP gives a gold seal to the prevailing IP. That because, all the IP involved have patent life.
For the past IPR's that e.Digital was involved in, regarding 108, the petitioners were, Intel, Micron, Microsemi...however, the real challenge was MSFT vs. e.Digital. Where the outcome of the IPR would give a gold seal to only one prevailing IP, that being 108. That because, not all the IP involved possessed patent life.
With that, if one intends to impose an IRP they had better make sure that the prior IP utilized is past its patent life, so that it can not come back and bit you with a gold seal.
FWIW
doni