Noroozi PC Secures Significant IPR Win For Realtime Data

On October 31, 2017, the Patent Trial and Appeal Board upheld the validity of all claims of U.S. Patent 9,116,908, rejecting an inter partes review challenge brought by Petitioners Dell, HP, Oracle, Riverbed, Echostar, Teradata, Hughes Networks, and Veritas.

The Board's decision emphasized cross-examination admissions obtained by Kayvan Noroozi, noting that key aspects of the expert's declaration could not be reconciled "with the plethora of his own testimony on cross-examination to the contrary." IPR2016-01002, Paper 71 at 17. In a separate decision, the Board also fully denied institution of another inter partes review petition against the '908 patent brought by NetApp. IPR2017-01196, Paper 10. The ‘908 patent, which claims novel methods for accelerated data storage using lossless data compression, has been asserted in litigation against dozens of accused infringers.