04 May 2020

United States Supreme Court Denies Petition for Certiorari Against KWM Client ChanBond, LLC

On April 27, 2020 the United States Supreme Court denied a petition to overturn an appellate ruling in favor of KWM client ChanBond, LLC.  This decision puts an end to a long and unsuccessful campaign challenging the validity of ChanBond’s intellectual property.

ChanBond owns several key patents on the provision of high-speed internet service over cable networks.  In 2015, ChanBond filed lawsuits for patent infringement against a number of cable companies.  Shortly thereafter, a total of 9 petitions for inter partes review (IPR) were filed in the U.S. Patent and Trademark Office to challenge the validity of ChanBond’s patents.  The vast majority of those petitions were unsuccessful, and most of the asserted claims remained valid.  In 2018, ARRIS International PLC (a provider of cable equipment) filed 5 more IPR petitions seeking to invalidate the same claims.  The Patent Trial and Appeal Board (PTAB) denied the petitions, finding that ARRIS was in privity with the defendants in the underlying litigation, and therefore could not file any additional IPR petitions due to a one-year time limit provided by statute for such defendants.  When ARRIS attempted to appeal the PTAB’s decision to the U.S. Court of Appeals for the Federal Circuit, ChanBond moved to dismiss the appeal for lack of appellate jurisdiction, and the court granted ChanBond’s motion to dismiss.  This led ARRIS to file a petition for writ of certiorari to the U.S. Supreme Court.

The Supreme Court’s denial of ARRIS’s petition renders the PTAB’s decision final, and removes the last barrier to ChanBond’s enforcement of its patent rights.  The case is scheduled to go to trial in August 2020, represented by KWM’s patent team based in New York.

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