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Patent Trial and Appeal Board Representative Orders, Decisions and Notices
November 15, 2018, Decided
Case IPR2018-00991, Paper 10Patent 9,144,700 B2
USPTO Bd of Patent Appeals & Interferences; Patent Trial & Appeal Bd Decs.
Opinion for the Board filed by Administrative Patent Judge SCANLON.
Denying Institution of Inter Partes Review
35 U.S.C. § 314(a)
United Fire Protection Corp. ("Petitioner") filed a Petition (Paper 1, "Pet.") requesting an inter partes review of claims 1-9 of U.S. Patent No. 9,144,700 B2 (Ex. 1001, "the '700 patent"). Engineered Corrosion Solutions, LLC ("Patent Owner") filed a Preliminary Response. Paper 6 ("Prelim. Resp."). We have authority [*2] under 35 U.S.C. § 314 and 37 C.F.R. § 42.4(a).
An inter partes review may not be instituted unless it is determined that "the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition." 35 U.S.C. § 314(a). Institution of inter partes review is discretionary. See id.
After considering the Petition and Preliminary Response, and for the reasons explained below, we exercise our discretion to not institute an inter partes review as to any of claims 1-9 of the '700 patent. We, therefore, deny the Petition.
A. Related Matters
The parties indicate that the '700 patent was the subject of a prior inter partes review in Case IPR2016-00136 ("136 IPR"). Pet. 3; Paper 5, 2. The parties also indicate that U.S. Patent No. 9,186,533, which is related to the '700 patent [*3] , was the subject of another prior inter partes review in Case IPR2016-01351 ("1351 IPR"). Pet. 3; Paper 5, 2. The parties do not report any district court litigation between them.
B. The '700 patent
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2018 Pat. App. LEXIS 10739 *
UNITED FIRE PROTECTION CORP.,Petitioner,v.ENGINEERED CORROSION SOLUTIONS, LLC,Patent Owner.
ROUTINE OPINION. Pursuant to the Patent Trial and Appeal Board Standard Operating Procedure 2, the opinion below has been designated a routine opinion.
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