PTAB Denies Institution of Commvault IPR In Full

On April 10, 2018, the Patent Trial and Appeal Board (“PTAB”) issued a decision in which it fully denied institution of an inter partes review challenge filed by Commvault Systems, Inc. against U.S. Patent 9,054,728, belonging to Realtime Data LLC. The decision addressed the last of five Commvault IPRs filed against Realtime Data patents. In total, the Board denied institution in full as to four of the Commvault petitions (80% non-institution rate), and partially denied institution as to a fifth. The 80% non-institution rate Noroozi PC achieved against Commvault is particularly remarkable given that, on average, only 24% of IPRs in the relevant technology category are not instituted on the merits. The win represents the ninth complete non-institution Noroozi PC has achieved for Realtime Data.

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