PTAB Denies Microsoft Inter Partes Review of 5 Patents Related to Visual Augmentation Systems

    On January 27, 2020, the Patent Trial and Appeal Board (PTAB) denied five inter partes review (IPR) petitions filed by Microsoft, Inc. related to an Integrated Visual Augmentation System with a Rapid Target Acquisition (RTA) feature being developed for the U.S. government.

    The PTAB found that the petitions were barred under 35 U.S.C. § 315(b), which denies IPR to a party, or a privy of the party, who is served a complaint involving infringement of such patents more than a year before the petition is filed. The U.S government and Microsoft reportedly entered into a contractual agreement for an augmentation system in 2018 while the government was defending a June 2017 dispute involving a patent with the same RTA feature.

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