Ioxus v Cap-xx (PTAB)11 Sep 2020 14:00
For anyone interested in Ioxus' unsuccessful appeal with the Patent Trial And Appeal Board -
https://s3-us-west-1.amazonaws.com/ptab-filings%2FIPR2019-01178%2F8
It's IMO that we have the strongest of cases moving forward with Maxwell. Our action against them is covering the same patents, the same infringements and being overseen by the same court/judge. Every motion to dismiss has so far been denied. Save any Ally McBeal moment side swiping us, we should all be happy following the conclusion of this action.
Briefly -
IOXUS, INC.,
Petitioner,
v.
CAP-XX, LTD.,
Patent Owner.
Date: December 4, 2019
I. INTRODUCTION
Ioxus, Inc. (“Petitioner”) filed a Petition for inter partes review of
claims 1–7, 9, 12–18, 21–29, 32–37, 40–45, 48–58, 61, and 62
(“the challenged claims”) of U.S. Patent No. 6,920,034 B2 (Ex. 1001,
“the ’034 patent”). Paper 2 (“Pet.”). CAP-XX, Ltd. (“Patent Owner”) filed
a Preliminary Response. Paper 6 (“Prelim. Resp.”).
The standard for instituting an inter partes review is set forth in
35 U.S.C. § 314, which provides that an inter partes review may be
instituted only upon a showing 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) (2012). After considering the Petition, the
Preliminary Response, and the evidence of record, we conclude that the
information presented does not establish a reasonable likelihood that
Petitioner will prevail in challenging the patentability of the challenged
claims. We, therefore, decline to institute an inter partes review of
the ’034 patent.