PTAB Says Fairchild Merger Doesn't Bar IPR Challenge

Law360, New York (September 22, 2017, 9:16 PM EDT) -- A Patent Trial and Appeal Board panel on Friday allowed ON Semiconductor Corp. to challenge Power Integrations Inc.'s electronic power regulation patent despite having undergone a merger with Fairchild Semiconductor International Inc., finding the patent invalid as obvious.

The final written decision, written by Administrative Patent Judge Daniel N. Fishman, rules that inter partes review is not barred by the Fairchild-ON merger because, at the time of filing the petition and prior to the merger, Fairchild was not a real party in interest in the litigation. The panel also invalidated the patent, finding that a combination of prior art known as...

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