Voip-Pal Files Request for Rehearing of Apple IPRs
December 06, 2016 -- Voip-Pal.com, Inc. (“VoIP-Pal,” the “Company”) (OTCQB:VPLM) filed yesterday two Requests for Rehearing (“Requests”) with the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”). The Requests ask the PTAB to reconsider its November 21, 2016 Decisions granting institution of Inter Partes Reviews (“IPRs”), IPR2016-01201 and IPR2016-1198, filed by Apple Inc. ("Apple") against Voip-Pal’s RBR Patents (Patent Nos. 8,542,815 and 9,179,005).
In its Requests, Voip-Pal points out the PTAB’s Decisions clearly overlooked that the challenged claims require a specific ordering of steps, yet the Apple Petitions fail to use a claim construction that accounts for this ordering of steps. The Decisions also overlooked that the Petitioner incorrectly ascribed, without evidence, an alleged deficiency to the primary reference as its key motivation to combine the primary reference with the secondary references. Both of these oversights in the Decisions were clearly set forth in the Patent Owner’s Preliminary Response but were not addressed by the PTAB in its Decision. In view of these oversights, Voip-Pal believes the PTAB should reconsider its decisions and deny Inter Partes Review of the RBR Patents.
Emil Malak, CEO of Voip-Pal said, “While we recognize the Board is often reluctant to reconsider its decisions, in the present case we believe that the Board has genuinely overlooked two “fundamental arguments” out of multiple arguments presented in our Patent Owner’s Preliminary Response."
“We have now clarified these overlooked arguments and we believe the PTAB should vacate their earlier decision to institute."
“We very much appreciate the support of our shareholders.”