Institution Denied Based on Parallel Proceeding and Prior Denial, PTAB Litigation Blog
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On December 6, 2024, Comcast Cable Communications, LLC (“Comcast”) filed three separate petitions for inter partes review (“IPR”) of U.S. Patent No. 9,866,438 (“the ’438 Patent”), which is assigned to Entropic Communications, LLC (“Entropic”). Comcast had previously filed two separate petitions for IPR of U.S. Patent No. 10,135,682 (“the ’682 Patent”), which is a continuation of and has similar claims as the ’438 Patent. The PTAB denied each of the petitions challenging the ’682 Patent after considering each cited reference and the limitations of the challenged claims. Additionally, the ’682 Patent is the subject of litigation in a parallel district court case involving Entropic and Comcast, and in that case Entropic filed a motion for leave to amend and supplement its complaint to include the ’438 Patent. The ’682 and ’438 Patents are also asserted in another district court case involving Cox Communications.
