IBM Gets PTAB To Review Rival's Malware IP In $100M Row

Law360 (July 13, 2020, 5:00 PM EDT) -- The Patent Trial and Appeal Board has agreed to institute IBM's petition for inter partes review of a competitor's malware patent at the heart of a California infringement suit, declining Trusted Knight Corp.'s invitation to discretionarily deny the petition.

The July 10 decision to institute gives a boost to IBM in its bid to fend off Trusted Knight's March 2019 suit, in which the Maryland-based cybersecurity company has argued damages could exceed $100 million. Trusted Knight urged the board to exercise its discretion because of the advanced stage of that litigation, but the PTAB said the district court case isn't far...

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