District Courts Find PTAB Statements Constitute Disclaimer, PTAB Litigation Blog

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In Linksmart Wireless Tech., LLC v. Caesars Entm’t Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the “’459 Patent”), Linksmart had alleged was infringed by Defendants Caesars Entertainment Corporation, Golden Nugget, Inc., Landry’s Inc., Las Vegas Sands Corp., MGM Resorts International, and Wynn Las Vegas LLC. The ‘459 Patent reissued from U.S. Patent No. 6,779,118 (the “‘118 Patent”).  Both the ‘459 Patent and the ‘118 Patent were previously litigated, including a decision on May 14, 2019, by the Patent Trial and Appeal Board (“PTAB”) to deny an Inter Partes Review (“IPR”) proceeding filed by Panasonic Avionics Corp (the “Panasonic IPR”) regarding the ’459 Patent.

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