SpencePC client 360Heros achieved a rare victory on the 23rd of August in the Patent and Trademark Appeal Board’s newly created Precedential Opinion Panel (POP), when the POP overturned an IPR institution decision on 360Heros’ patent covering 360 degree camera rigs that is in suit in Delaware against GoPro Technologies. The POP panel determined that the one-year statutory bar on filing the IPR by GoPro was wrongfully applied against 360Heroes. SpencePC filed the original IPR response on behalf of 360Heros, and filed an amicus brief on behalf of 360Heros in the POP process.
According to PTAB counsel who represented 360Heros before the POP, Robert Greenspoon, “This decision rights a wrong. The POP panel deserves praise for a thorough and correct analysis of the issue. The original panel would have let a financially ruinous agency process proceed against an innovative family business, even though the one-year time bar had lapsed years before GoPro filed its petition. Patentees should be relieved to know that the top USPTO leadership is willing to scrutinize, and reverse, panel rulings that get the law wrong.”
To learn more about this important decision, please refer to this article published by Law360.