On January 18, 2018, the Patent Trial and Appeal Board (PTAB) issued a decision fully refusing to institute a Covered Business Method (CBM) challenge brought by Commvault Systems against a data compression patent owned by Noroozi PC’s client, Realtime Data. CBM2017-00061, Paper 10. In a separate decision, the Board also partially refused to institute an inter partes review challenge brought by Commvault against the same patent—rejecting Commvault’s anticipation allegations, among other aspects. IPR2017-01710, Paper 11.
The latest wins continue Noroozi PC’s remarkable track record before the PTAB. To date, the firm has avoided institution in full in 76.5% of proceedings (13 of 17) in which it was retained at the preliminary stages, both through non-institution decisions and pre-institution settlements. By comparison, only 30% of petitions avoid institution on average (17% via non-institution and 13% via pre-institution settlement).