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Sunday, July 18, 2021 10:30:19 PM
"In November 2010, after realizing that Intel had obtained a patent on a learning machine technology (SVM-RFE) that HDC already owned and patented, HDC sought to provoke an interference with Intel’s Patent No. 7,685,077 (“Intel’s ‘077 patent”). On October 3, 2011, HDC filed for re-examination of Intel’s ‘077 patent. HDC also later successfully provoked the interference before the PTAB between Intel’s ‘077 patent and HDC’s then-pending application directed towards the same SVM-RFE technology.
In December 2011, counsel for Intel responded to HDC’s letter, stating that Intel would likely not fight the patent office proceedings unless Intel was using the SVM-RFE technology. Intel did fight, and thus began a 9-year battle including a three-year interference proceeding during which Intel implemented a scorched-earth strategy, first attempting to claim it was the rightful owner, but in the event that failed (which it ultimately did), Intel also tried to invalidate all of the HDC patents-in-suit, as well as sacrifice its own ‘077 patent in the process. Ultimately, HDC won the interference proceeding, and Intel’s ‘077 patent was cancelled."
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