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By Tony Dutra
May 13— The Patent Trial and Appeal Board published final written decisions on inter partes review challenges by Corning Inc. against patents generally directed to coated optical fibers used in fiber-optic telecommunications and computer networking.
DSM IP Assets B.V. of Heerlen, Netherlands, is the patent owner. The earliest priority date claimed is 1996, at the beginning stages of the World Wide Web. The earliest patent granted was in 2000. The most recently issued (2007) patent still claims priority to 1999.
There is no record of DSM asserting the patents against Corning, but the latter filed 10 IPR petitions challenging eight DSM patents on Nov. 15-16, 2012.
The board instituted trial on all 10 petitions in May 2013 and issued its final decisions on either May 1 or May 9 as follows:
In most of the cases, DSM filed motions to amend in the alternative should the patent claims be found unpatentable. The motions were denied as moot when the claims were found patentable and denied outright otherwise.
Five administrative patent judges—Fred E. McKelvey, Grace Karaffa Obermann, Jennifer S. Bisk, Scott E. Kamholz and Zhenyu Yang—conducted the trial in the 10 cases, with each writing at least one of the opinions.
Michael L. Goldman of LeClairRyan P.C. represented Corning. Sharon A. Israel of Mayer Brown LLP, represented DSM.
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Text is available at http://pub.bna.com/ptcj/IPR2013-00043final.pdf, etc., with the last two digits of the URL changed to match the docket number accordingly.
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