Fenwick Secures Victory for PTAB Amendment Appeal Case

Legacy Meta Data: As reported by Law360 (subscription required), a Fenwick patent litigation team successfully secured a victory for client Digital Turbine Inc. in an appeal from post grant review. The Federal Circuit declined to review the Patent Trial and Appeal Board's decision to allow Digital Turbine to amend a mobile device installation patent, saying Tuesday that challenger ironSource Ltd. doesn't have standing to appeal.

Body Copy: As reported by Law360 (subscription required), a Fenwick patent litigation team successfully secured a victory for client Digital Turbine Inc. in an appeal from post grant review. The Federal Circuit declined to review the Patent Trial and Appeal Board's decision to allow Digital Turbine to amend a mobile device installation patent, saying Tuesday that challenger ironSource Ltd. doesn't have standing to appeal.

There is no active litigation between the companies, and thus ironSource based its argument for standing on a potential infringement suit by Digital Turbine. But ironSource tied its "click-to-install" feature involved in that dispute only to patent claims that the board had invalidated, not the amended ones that survived review and it sought to appeal, the court said in a precedential opinion.

"Because ironSource does not show how the C2I features are implicated by the substitute claims, which introduce two narrowing limitations and issued after DT's alleged 'veiled threats' of infringement, we conclude ironSource has failed to show injury in fact based on potential infringement liability," wrote U.S. Circuit Judge Kimberly Ann Moore for the three-judge panel.

The Fenwick team was Todd Gregorian and Jonathan Tamimi, with support from Adam Gahtan, David Feder, Deena Felt, and Jacob Simmons.

The case is IronSource Ltd. v. Digital Turbine Inc., case number 24-1831, in the U.S. Court of Appeals for the Federal Circuit.