Appellate Court Affirms Polaris’ Wins Over TruePosition – KBS Client Wins!

December 15, 2015

The Court of Appeals for the Federal Circuit (“CAFC”) affirmed Polaris Wireless, Inc.’s (“Polaris”) wins against TruePosition, Inc. (“TruePosition”) in the Patent and Trademark Office (Case: 15-1330).

TruePosition had asserted that certain Polaris products infringed TruePosition’s United States Patent No. 7,783,299.  Polaris has always maintained that the TruePosition patent was invalid.  Therefore, Polaris filed a request for Inter Partes Review (“IPR”) Case No.: IPR2013- 00323 with the US Patent and Trademark Office (“PTO”) and asserted that certain claims of TruePosition’s ‘299 patent were invalid.  In response, the Patent Trial and Appeal Board issued a Final Written Decision finding the claims invalid.

TruePosition appealed the PTO’s findings of invalidity.  After reviewing the briefs and hearing oral argument on December 11th, the CAFC today affirmed the PTO’s finding of invalidity. Today’s ruling confirms Polaris’ contentions that TruePosition’s patent was invalid and that Polaris’ products and technology do not infringe any valid TruePosition patent.

KBS attorneys Jason Paul DeMont and Kenneth Ottesen participated in the IPR and the appeal to the Federal Circuit.