PTAB Institutes IPR on Compelling Merits, Despite Other Fintiv Factors Favoring Denial, PTAB Litigation Blog
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On October 27, 2023, Inergy Technology, Inc. (“Inergy”) filed concurrent petitions for inter partes review (“IPR”) of U.S. Patent Nos. 7,629,634 (“the ’634 Patent”) (“IPR093”) and 7,812,409 (“the ’409 Patent”) (“IPR094”), each assigned to Force MOS Technology Co., Ltd. (“Force MOS”). The ’634 Patent discloses and claims a “trenched MOSFET,” which the specification of the ’634 Patent explains is a “type of vertical transistor.” The ’409 Patent claims a separate semiconductor device. Both challenged patents are the subject of parallel litigation in the Eastern District of Texas between Force MOS and ASUSTek Computer, Inc. (“ASUS”), a real party in interest in each IPR.
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