Rubén Muñoz Quoted by Bloomberg Law on Perils of IPR Strategies

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Akin Gump intellectual property partner Rubén Muñoz has been quoted in the Bloomberg Law article “$1.1 Billion CalTech Infringement Win Shows Patent Board Perils,” which reports on a federal jury verdict against Apple Inc. and Broadcom Inc. that the article says highlights a potential litigation pitfall for companies accused of patent infringement.
The article notes that a federal judge blocked arguments by the two companies’ that claims in the California Institute of Technology’s Wi-Fi technology patents were obvious, after Apple had lost an administrative challenge at a U.S. Patent and Trademark Office (PTO) tribunal. The decision may have been a factor in the size of CalTech’s award in the verdict, the article says, as defending an infringement lawsuit by challenging patents at the PTO in an inter partes review can have its perils.
“It’s something that parties need to consider very seriously,” said Muñoz. “You’ve got to think about your IPR strategy before you bring your unpatentability challenges before the office.”