PTAB Fully Rejects Hindsight-Driven IPR

On March 15, 2018, the Patent Trial and Appeal Board fully denied institution of an inter partes review challenge brought by Commvault Systems, Inc. against U.S. Patent 9,116,908, belonging to Realtime Data LLC. The Board’s decision recognized numerous flaws in Commvault’s allegations, and noted that Commvault’s reasoning was driven by “improper hindsight.” The decision represents the second win Noroozi PC has achieved for Realtime Data before the PTAB as to the ‘908 patent. The patent was the subject of prior inter partes review challenges by Dell, HP, Oracle, Riverbed, Echostar, Teradata, Hughes Networks, and Veritas. Those proceedings ended in complete victory for Noroozi PC’s client.

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