Epistar Obtains Favorable PTAB Ruling on Two Key Patents
On November 1, 2018, Wilson Sonsini Goodrich & Rosati secured a favorable decision on behalf of Epistar from the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings as the PTAB denied institution on two important patents in a five-patent dispute between Epistar and Lowes.
WSGR is representing Epistar with respect to its patent enforcement efforts. In April 2017, WSGR filed a lawsuit involving five patents on behalf of Epistar against Lowes. In April 2018, Lowes and an indemnifier filed IPR petitions at the PTAB challenging the validity of all five patents.
A team from WSGR's PTAB group then worked closely with the team handling the underlying lawsuit to develop a preliminary response strategy that would best position Epistar for a favorable outcome before the Patent Office, while at the same time maintaining Epistar's infringement positions.
The first two decisions from the PTAB, issued on November 1, deny institution on two key Epistar patents. The rulings significantly increase the prospects that the patent infringement case will move forward without a stay. The ruling issued by the PTAB also includes comments that bolster Epistar's position in the infringement case.
The WSGR team representing Epistar in the IPRs included partners Matt Argenti and Mike Rosato, and associate Quincy Lu, with contributions from the patent litigation team including Jim Yoon, Albert Shih, Henry Pan, and Mary Procaccio-Flowers.