Director to Review Institution of Trial Challenging Patents Found Infringed, PTAB Litigation Blog

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U.S. Patent and Trademark Office (“USPTO”) Director Vidal is initiating sua sponte review of the Patent Trial and Appeal Board’s (“PTAB”) decisions to institute inter partes review of two patents owned by VLSI Technology LLC, for which over $2 billion of infringement damages were recently awarded against Intel.  See OpenSky Indus. v. VLSI Tech. LLC, IPR2021-01064, Paper 41 (June 7, 2022); Patent Quality Assurance LLC v. VLSI Tech. LLC, IPR2021-01229, Paper 31 (June 7, 2022).  In March of 2021, a Western District of Texas jury found Intel to have infringed VLSI’s patents, and awarded VLSI $1.5 billion and $675 million for infringement of each respective patent. SeeVLSI Tech. LLC v. Intel Corp., 2022 U.S. Dist. LEXIS 83985 (2022).  The $2.175 billion verdict is one of the highest patent damages awarded in U.S. history.

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