As first reported by PatentsPostGrant.com
in November 2009, the patent reexaminations of NTP vs. RIM infamy were
soundly shot down by the BPAI.
In November of 2009, the BPAI began issuing a series of decisions affirming the
rejections of the five NTP patents.
5,436,960 BPAI reexamination opinion (link)
5,819,172 BPAI reexamination opinion (link)
6,317,592 BPAI reexamination opinion (link)
6,067,451 BPAI reexamination opinion (link)
5,625,670 BPAI reexamination opinion (90/007,723)
As expected, in December of 2009, NTP requested the BPAI rehear arguments
in these cases. Earlier this month, the BPAI, in tersely worded
responses, denied rehearing in the '592 '172, and '960 patents. As the
issues in the '670 and '451 patent are common, namely, consideration of certain
declaration and the public availability of certain prior art, it is expected that
the remaining two denials will follow shortly. Next stop for NTP is the Federal
The Federal Circuit will be quite busy with NTP in the coming months.
In addition to the five patents noted above, NTP has two additional appeals
from the BPAI headed to the court.
5,438,611 BPAI reexamination opinion (link)
-(CAFC appeal noticed 1/26/10)
5,479,472 BPAI reexamination opinion (link)
-(Rehearing denied 2/5/10)
NTP patent, 5,438,611 appears to be out in front of the pack of (7)
appeals, with the first formal CAFC appeal notice filed this past January. The
'611 Patent, and NTP patent 5,479,472 were asserted against Sprint, T-Mobile,
AT&T and Palm, in 2006. As with the five patents above, the BPAI mostly
affirmed the rejections applied in reexamination.
View more information at Patents Post-Grant
Rejection of all claims were affirmed in 6,317,592, 5,819,172, and 6,067,451;
Rejections were affirmed-in-part in 5,436,960 and 5,625,670, (the
surviving '670 claims appear to have been added in reexamination, claim 15 of
the '960 appears to be the only surviving claim successfully asserted against