A U.S. Patent and Trademark Office tribunal has agreed to review the validity of one of the patents behind Intel Corp's $2.18 billion trial loss to VLSI Technology LLC, opening a potential pathway for the chipmaker to overturn part of the verdict.
in a Monday filing that she would review the board's determination that the petition had "compelling merits," citing "the unusual and complex nature of this case."An Intel spokesperson said Monday that the company had no comment on Friday's decision. Representatives for VLSI and the PTO did not immediately respond to requests for comment Monday.
OpenSky could not be reached for comment. Andrew Oliver of Amin Turocy & Watson, who represented the company before the board but said he did not handle the problematic settlement negotiations cited by Vidal, praised the decision. Both companies were formed after the verdict and have no apparent connection to Intel. Vidal's review of the PQA case is still in progress.in an Oct. 4 order that Nevada-based OpenSky had offered to sabotage its own case if VLSI paid it off, and separately requested payment from Intel in exchange for winning.
The board found Friday that the petition met this heightened standard. The PTAB judges said it was "highly likely" that challenged parts of the patent were invalid based on earlier patents and applications cited by OpenSky that supposedly disclosed the same innovations.
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