Fed. Circ. Upholds Partial Ax of 7 Data Storage Patents

In four consolidated appeal cases, Finnegan secured victory on behalf of client NetApp when the U.S. Court of Appeals for the Federal Circuit affirmed several Patent Trial and Appeal Board (PTAB) decisions largely invalidating claims of seven KOM Software data storage patents. In the ruling involving a dispute about construing a particular limitation, the Federal Circuit affirmed a PTAB decision that 14 claims of U.S. Patent No. 6,438,642 are invalid as obvious. In another ruling, the court issued one opinion looking at five patents, where most claims are invalidated as obvious. A third ruling agreed that 21 claims of U.S. Patent No. 7,392,234 are invalid as obvious. Lastly, in the fourth ruling issued, the Federal Circuit said NetApp's win in one inter partes review (IPR) made the need to review the other moot.

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