In what is arguably a good turn of events for patent rights holders, in a recent decision the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) upheld the challenged claims of U.S. Patent No. 8,144,182 (the ‘182 patent) owned by Biscotti, Inc. (Biscotti) against three separate IPR proceedings filed by Microsoft Corporation (Microsoft) (Appeal No. 2016-2080 decided December 28, 2017). The ‘182 patent covers real time video communication systems and calling solutions, and the Federal Circuit agreed with the Patent Trial and Appeal Board (PTAB) that the claims of the ‘182 patent were neither anticipated or obvious. The Federal Circuit affirmed the PTAB’s finding in the IPRs that Microsoft failed to show by a preponderance of evidence that the challenged claims of the ‘182 patent were anticipated or obvious in light of U.S. Patent No. 7,907,164. The decision by the Federal Circuit and IPR wins are not the end of the road for the parties, as Microsoft and Biscotti are still involved in a dispute in the Eastern District of Texas related to the ‘182 patent (Case No. 2:13-cv-01015). Click here for the full opinion of the Federal Circuit.
