Wednesday, September 21, 2022 8:29:00 AM
The PTAB has just navigated through some difficult and complex, post Alice, legal waters, and with their final IPR rulings they have upheld the validity of all of HDC's patent claims. In so doing, they have also paved the way for judge Albright to deny Intel's motion for a dismissal. The judge can simply cite the PTAB's rationale and move forward to a trial. In fact, I don't believe that Albright can afford to be in the position of invalidating the very patents that the PTAB just finished validating. All he has to do now is affirm the rationale adopted by the PTAB. The PTAB, in doing the heavy lifting, have made Albright's job easier. In my further opinion, the PTAB IPR rulings, affirming the validity of all of HDC's patent claims, are legally binding.
My question is simple was Alice steps 1 and 2 addressed under the rules when Intel was fighting us referencing those 4 patents during the PTAB? I don't recall if that ever came up except in the Texas Court.
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