Noroozi PC Obtains Non-Institution In Full For Realtime Data

For the third time in the past month, Noroozi PC has obtained a denial of institution as to all claims on all grounds for Realtime Data LLC. The latest decision pertains to an inter partes review petition brought by NetApp, Inc. against Realtime’s U.S. Patent 9,054,728. Applying the seven-factor test set forth in General Plastic v. Canon, the Board concluded that instituting NetApp’s petition “would be a significant waste of the Board’s resources,” and would create “significant prejudice to Patent Owner.” IPR2017-01354, Paper 16 at 13. In October 2017, the Board denied institution in full as to two other NetApp inter partes review petitions challenging Realtime’s U.S. Patents 7,415,530 and 9,116,908.

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