Desmarais LLP earned a win for client IBM before the Patent Trial and Appeal Board, securing denial of institution to an inter partes review.
The Switzerland-based, tech company LzLabs GmbH petitioned the PTAB to review nine challenged claims based on obviousness related to the IBM patent (No. 7,434,209 B2). The patent covers a method for expediting software program code conversion. On May 16, 2023, the PTAB rejected LzLabs’ request, “agree[ing] with Patent Owner” that Petitioner has not shown sufficiently that the petition disclosed specific code limitations in the challenged claims.
LzLabs pursued the PTAB review after IBM filed a patent infringement lawsuit in the Western District of Texas in 2022. The litigation alleged LzLabs infringed five software patents (including the ’209 patent), along with the misappropriation of trade secrets and false advertising.
The Desmarais LLP team representing IBM before the PTAB was led by the PTAB practice group, specifically of counsel Theodoros Konstantakopoulos.
Patent Trial and Appeal Board – IPR 2022-01571 (PTAB Decision)
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