Cases & Deals

SAS and IBM challenge patentability of third party patent claims in USPTO reexamination proceedings

Clients International Business Machines Corporation and SAS Institute Inc.

Jones Day represents SAS Institute, Inc. and International Business Machines Corporation (IBM) in two patent reexamination proceedings before the USPTO Patent Trial & Appeal Board challenging a software-related patent that had been asserted in a lawsuit filed by InvestPic, LLC. Upon filing of the inter partes and ex parte reexaminations in the USPTO, the parallel district court litigation was stayed. The InvestPic patent is generally directed to a system for analysis, display and dissemination of financial information using resampled statistical methods. During the two reexaminations, SAS and IBM have provided the USPTO with prior art patents and publications that had not been considered during the initial examination of the InvestPic patent. The reexaminations are ongoing after an appeal to the Federal Circuit.

InvestPic LLC v. Algorithmics (US) Inc. et al. and InvestPic LLC v. SAS Institute Inc., Civil Action Nos. 01-10-cv-01028 and 12-cv-00603 (D. Del.) (Judge Andrews); Inter Partes Reexamination No. 95/001,939 (PTAB); Ex Parte Reexamination No. 90/012,366 (PTAB)

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