IPR Instituted on All Claims of NPE-Asserted Novocrypt Patent

On Tuesday, December 22, 2015, the Patent Trial and Appeal Board (PTAB) instituted another petition filed by Unified Patents Inc. against a patent owned by Novocrypt LLC (Novocrypt) on two grounds and on all 13 claims. Unified filed the petition to protect cloud storage technologies from questionable NPE assertions.

Novocrypt claims its patent covers, among other things, wireless mobile cloud storage devices. Novocrypt filed eight cases against cloud storage companies. Unified's IPR challenging claims 1-13 of U.S. Patent 7,743,213 was instituted on all claims and both primary petitioned grounds. In the decision, the panel made a favorable preliminary claim construction finding, and discussed Novocrypt's failure to timely file mandatory notices or an optional preliminary response.

A copy of the institution decision can be found here.

Unified Patents Inc. v. Novocrypt LLC, IPR2015-01606, Paper (PTAB Dec. 22, 2015) (ID)