How They Won It: Foley Puts Bergstrom AC Patent On Ice

By Alex Lawson (March 13, 2014, 12:48 PM EDT) -- The patent team at Foley & Lardner LLP entered untested waters to sink a Bergstrom Inc. air conditioning patent under a largely new proceeding at the U.S. Patent and Trademark Office in January, leaving in its wake a dauntingly lofty standard for innovators to amend their patents during litigation.

The USPTO's Patent Trial and Appeal Board decision gave Foley a victory on behalf of Idle Free Systems Inc. in what was believed to be the second-ever decision on the merits of the inter partes review process enshrined in the America Invents Act.

After the parties exchanged preliminary filings at the PTAB,...

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