The precedential decision affirmed the 2021 win at the USPTO Patent Trial and Appeal Board.

PHILADELPHIA (July 2022) – Panitch Schwarze has secured another victory for its client, ImmerVision, Inc., related to an inter partes review of ImmerVision’s U.S. Patent No. 6,844,990. The U.S. Court of Appeals for the Federal Circuit has affirmed, in a precedential decision, ImmerVision’s win last year at the U.S. Patent &Trademark Office’s Patent Trial and Appeal Board in an inter partes review brought by LG Electronics, Inc. 

Thanks to the efforts of the Panitch team, including John D. Simmons, Dennis J. Butler, Stephen E. Murray, and Keith A. Jones, the court held that the board’s decision finding an error in the main asserted prior art reference was supported by substantial evidence. This victory is the latest confirmation of the innovation behind ImmerVision’s ‘990 patent. More coverage of the decision can be found here.

“We believe it is significant that the entire panel, including the dissent, found that the In re Yale standard was the proper standard to apply,” Simmons told Law360.

A partner at Panitch Schwarze, Simmons focuses his practice on intellectual property counseling and litigation including patent, trademark, copyright, trade secrets, and IP licenses and contracts. Simmons has litigated cases involving a wide variety of technologies in more than 25 districts throughout the United States, and frequently practices before the Patent Trial and Appeal Board in post grant review proceedings, including inter partes reviews.

Panitch Schwarze’s client, ImmerVision, Inc., is a worldwide leader in wide angle imaging. The company invents, customizes, and licenses wide-angle lenses and imaging software technology for AI, machine vision, and user applications in the mobile, automotive, robotics, security, and other industrial and consumer product industries.

About Panitch Schwarze Belisario & Nadel LLP – Panitch Schwarze Belisario & Nadel LLP is a boutique intellectual property law firm with offices in Philadelphia and Wilmington, Delaware. The firm’s IP law practitioners provide strategic litigation, licensing and counseling service relating to patents, trademarks, copyrights and trade secrets, domain names and internet issues domestically and internationally. The firm’s long-standing relationships with a network of associates worldwide enable its attorneys and advisors to provide clients with global intellectual property advice and protection.