Hi Jr, First and foremost I'm not a lawyer and I'm just guessing here. I think the IRP announcements are the defendants throwing spaghetti against a wall and hoping it sticks. Maybe they will get lucky. Below is one paragraph of a nine page Taasera response to what I believe is an IRP for patent 796. I read it as: It wasn't even mentioned during the Markman hearing but now the defendants are bringing it up? Desperate?
Defendants Fail to Demonstrate the Importance of the Amendments Defendants continue to misrepresent that the PTAB provided any claim construction with respect to the ’796 Patent. Reply at 2 n. 2. It did not. The Board provided a “reading of the claim” after “examining the claim language itself, in view of the written description.” Dkt. 303-4, Ex. 3 at 9. Notably, neither Taasera nor Defendants disputed construction of any claim term for the ’796 Patent in front of this Court or the PTAB. Defendants should not be rewarded for their lack of foresight and diligence, or for their misrepresentation.
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