District Court Not Persuaded System Prior Art Evades IPR Estoppel, PTAB Litigation Blog

November 27, 2024 Blog

On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent application, and printed publication listed in its Amended Election of Asserted Prior Art (“Amended Election”). Promptu Sys. Corp. v. Comcast Corp., No. 2:16-cv-06516, Dkt. No. 390 at 3 (E.D. Pa. Oct. 25, 2024) (“Order”). The court found that this information was both relevant for Promptu Systems Corporation’s (“Promptu”) defense of inter partes review (“IPR”) estoppel and not protected as attorney work product. Id. at 3 n.2.

Dalton Earich, a member of the New Lawyers Group in Jones Day’s Cleveland Office assisted in the preparation of this blog.

Read the full article at ptablitigationblog.com.

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