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Articles and IP News

Joseph V. Saphia and Jessica H. Zafonte Successfully Defend RSA Protective Technologies Against Two IPRs Filed by Guardiar Solutions

November 25, 2019

The Patent Trials and Appeals Board issued two decisions denying institution of inter partes review for U.S. Patent No. 8,215,865 (“the ’865 patent”) entitled “Anti-Ram System and Method of Installation.” Guardiar Solutions, Inc. (“Guardiar”) filed two Petitions requesting inter partes review of claims 1-35 alleging patent claim invalidity for obviousness. In both cases, the Board concluded that Guardiar failed to demonstrate “a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.”

Earlier this year, in the related district court litigation, RSA Protective Technologies, LLC v. Secure USA, Inc. and Guardiar Solutions Inc., Judge Robin L. Rosenberg set forth her Claim Construction Order confirming all ten of RSA’s claim interpretations. Case No. 9:18-cv-81124 (S.D. Fla.). The PTAB considered and applied Judge Rosenberg’s constructions in deciding Guardiar’s Petitions.

RSA’s ’865 patent is also being asserted in RSA Protective Technologies, LLC v. Delta Scientific Corp., Case No. 19-cv-06024 (C.D. Cal.), and RSA Protective Technologies, LLC v. Port Authority et al., Case No. 1:18-cv-09960 (S.D.N.Y.)

The PTAB decisions can be found here and here.