Scott Daniels | April 5, 2011
Last December we reported on an infringement action filed by Fractus in the Eastern District of Texas against a who’s-who of cellular telephone makers, among them Samsung, Kyocera and HTC. The response of those three companies has been extremely aggressive – each has requested inter partes reexamination of each of the nine Fractus patents-in-suit; and rather than moving the stay of the Texas action, they have defended vigorously in that forum.
How has that strategy worked so far? It appears to be working pretty well. Of the 27 reexaminations requested, 26 have been granted. Rejections have been issued in several, and the PTO has sua sponte merged several others. The attached table shows the status of all 27 reexamination requests.
In the meantime, last Wednesday, defendants filed motions for summary judgment of invalidity against two of the Fractus patents. Presumably motions against the other patents will follow soon.