Short Summary
The USPTO denied Cisco and Fortinet's request for Director review of a prior institution denial in IPR2024-00540, leaving the original decision unchanged.
Detailed Summary
In IPR2024-00540 concerning U.S. Patent 8,347,350, Cisco Systems and Fortinet petitioned for Director review of the USPTO's earlier decision to deny institution of an inter partes review against InfoExpress. Director Katherine K. Vidal recused herself, and Deputy Under Secretary Derrick Brent evaluated the request. The Director ultimately denied the review, affirming the original institution denial and concluding the petitioners' attempt to revive the IPR.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in CISCO SYSTEMS, INC. et al. vs InfoExpress Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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