On Thursday, October 15, 2015, the Patent Trial and Appeal Board (PTAB) instituted another petition filed by Unified Patents Inc. against a patent owned by iMTX Strategic, LLC (iMTX) on two grounds on all 23 challenged claims. Unified filed the petition to protect content delivery technologies from questionable NPE assertions.
iMTX claims its patent covers a transaction model for delivering saleable content to users from content providers. iMTX filed eight cases against content delivery companies. Unified's IPR challenging claims 1-23 of U.S. Pat. No 7,269,854 was instituted on all claims and both petitioned grounds. In the decision, the panel made a favorable preliminary claim construction finding, and discussed iMTX's challenge that Unified had not named all of the real parties in interest, distinguishing it from In Re Guan, and stating that "[i]n contrast, the record here indicates that, in this proceeding, Petitioner is acting without control from its subscribers and is not receiving financing from them to bring this particular proceeding."
A copy of the institution decision can be found here.