Life Technologies Corp. Wins Patent Invalidity Challenge

December 12, 2018
Law360

We represented Life Technologies Corp. in a Federal Circuit Appeal stemming from a 2017 Patent Trial and Appeal Board (PTAB) decision in a covered business method proceeding (CBM). Michael Kiklis represented Life Technologies in two covered business method proceedings: one was filed in 2014 and the other was filed in 2015. Life Technologies prevailed in both proceedings with the PTAB finding that all challenged claims of Unisone Strategic IP Inc.’s inventory management patent recited ineligible subject matter pursuant to 35 U.S.C. ยง 101. This appeal involved the second CBM. Unisone chose not to appeal the first CBM.

The Federal Circuit heard oral argument on December 4, 2018 and then affirmed the PTAB’s decision less than one week later.

“Ordering inventory from a distributor that you have a relationship with and paying for it outright is a financial activity,” Michael pointed out during the hearing. “The patent is the epitome of a covered business patent.”

Law360 examined the case in two separate articles, “Fed. Circ. Upholds PTAB’s Axing of Inventory Tech Patent” (December 10, 2018) and “Fed. Circ. Reluctant to Void CBM Review of Inventory Patent” (December 4, 2018).