Noroozi PC Obtains Non-Institution In Full For Realtime Data
Applying the seven-factor test set forth in General Plastic v. Canon, the Board concluded that instituting NetApp's petition "would be a significant waste of the Board’s resources," and would create "significant prejudice to Patent Owner." IPR2017-01354, Paper 16 at 13. In October 2017, the Board denied institution in full as to two other NetApp inter partes review petitions challenging Realtime's U.S. Patents 7,415,530 and 9,116,908.