ParkerVision (PRKR) Says Federal Circuit Upholds Method Claims of its '940 Patent by Affirming Lower Court

September 13, 2018 2:39 PM EDT
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ParkerVision, Inc. (OTCQB: PRKR) ("ParkerVision"), a developer and marketer of technologies and products for wireless applications, announced today that the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued its decision affirming the lower court Patent Trial and Appeal Board's ("PTAB") March 2017 ruling that certain method claims of ParkerVision's U.S. Patent 6,091,940 ("the '940 Patent") were not proven by Qualcomm to be un-patentable in light of its challenges.

The '940 Patent was asserted in the district court case filed in May 2014 against Qualcomm and HTC (6:14-cv-00687) in the Middle District of Florida. This district court case was stayed pending this Federal Circuit decision. In the pending case, ParkerVision is also asserting its U.S. Patent 7,039,372 ("the '372 patent") which Qualcomm challenged as un-patentable and the PTAB denied for review. ParkerVision has asserted three additional patents in this district court case, none of which were challenged by petitions for Inter Partes review ("IPR") at the PTAB.

Jeffrey Parker CEO said, "Today's Federal Circuit decision clears the way for the stay to be lifted in our infringement case against Qualcomm with patent claims that have been challenged at the PTAB and affirmed by the Federal Circuit as not un-patentable. We believe the '940 and other patents in the 2014 infringement case cover hundreds of millions of units sold by Qualcomm each year, and we plan to request that the district court move expeditiously towards trial."

Mr. Parker continued, "We are pleased the Federal Circuit confirmed that Qualcomm failed to prove that the method claims of the '940 Patent are un-patentable and that the PTAB declined institution of IPR review for the '372 Patent. In light of the number of patents routinely invalidated by the PTAB in today's patent environment, we believe the PTAB and Federal Circuit decisions affirm the innovation of a technology that we have heavily invested in developing and protecting."

Qualcomm filed an aggregate of ten IPR petitions against three ParkerVision patents in August 2015. In March 2016, the PTAB rejected Qualcomm's request for institution on three IPRs, all of which challenged the '372 Patent. The PTAB instituted review on one IPR against U.S. Patent 7,966,012 that ParkerVision opted not to defend. The remaining six IPRs that were instituted all challenged various claims of the '940 Patent. In March 2017, ParkerVision received favorable PTAB decisions on three of the six remaining IPRs, unfavorable decisions on two IPRs and a split decision on one IPR (the "IPR 2015-1828"). ParkerVision filed an appeal on three of these decisions, including IPR 2015-1828. Qualcomm filed a cross-appeal for IPR 2015-1828. The Federal Circuit issued its opinion today, affirming the PTAB's final written decisions in each of the IPRs under appeal.



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