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PatentPlays

06/20/18 8:24 PM

#32149 RE: ytse #32148

ATVI's goal has always been to use its shill, and Software Developer Bungie, to silence Worlds IP, and they've done a decent job.

Chief Judge Prost, Judge O’Malley, and Judge Taranto are deciding the PTAB Appeal.

Interesting enough Judge O'Malley 3 months ago had no problem REVERSING the PTAB and restoring the patent claims of DSS v Apple.


DSS TECHNOLOGY MANAGEMENT, INC.,
Appellant
v.
APPLE INC.,
Appellee
______________________
2016-2523, 2016-2524
______________________
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos.
IPR2015-00369, IPR2015-00373.
______________________
Decided: March 23, 2018
______________________
ERIC WILLIAM BUETHER, Buether Joe & Carpenter
LLC, Dallas, TX, argued for appellant. Also represented
by BRIAN ANDREW CARPENTER; ANDRIY LYTVYN, Smith &
Hopen, PA, Oldsmar, FL.
JON WRIGHT, Sterne Kessler Goldstein & Fox, PLLC,
Washington, DC, argued for appellee. Also represented
by DAVID K.S. CORNWELL, JASON A. FITZSIMMONS.
______________________
Before NEWMAN, O’MALLEY, and REYNA, Circuit Judges.
2 DSS TECH. MGMT. v. APPLE INC.
Opinion for the court filed by Circuit Judge O’MALLEY.
Dissenting opinion filed by Circuit Judge NEWMAN.
O’MALLEY, Circuit Judge.
In response to two petitions for inter partes review
filed by Appellee Apple Inc. (“Apple”), the Patent Trial
and Appeal Board (“Board”) issued a pair of final written
decisions finding claims 1–4 and 9–10 of U.S. Patent No.
6,128,290 (“the ’290 patent”), owned by Appellant DSS
Technology Management, Inc. (“DSS”), unpatentable as
obvious. Apple Inc. v. DSS Tech. Mgmt., Inc., No.
IPR2015-00369, 2016 WL 3382361 (P.T.A.B. June 17,
2016) (Apple I); Apple Inc. v. DSS Tech. Mgmt., Inc., No.
IPR2015-00373, 2016 WL 3382464 (P.T.A.B. June 17,
2016) (Apple II). Because we find that the Board did not
provide a sufficient explanation for its conclusions, and
because we cannot glean any such explanation from the
record, we reverse.

DSS vs Apple
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WhiteOwl

06/21/18 11:00 AM

#32153 RE: ytse #32148

Totally agree! ACTI did in fact miscalculate. Once court options are exhausted, I think they will negotiate a settlement ASAP. Don't want treble damages.

The Old Owl