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September 27, 2021
A team of Cadwalader litigators led by partner and Intellectual Property Group chair Dorothy Auth secured a second major victory on behalf of its client Quantile Technologies Limited. Quantile, a startup in the field of optimizing over-the-counter (OTC) derivative products, was originally sued by its major competitor TriOptima AB for patent infringement, trade secret misappropriation and tortious interference in the Eastern District of Texas.
After successfully obtaining a rare grant of a motion to dismiss in the district court for lack of personal jurisdiction in favor of Quantile, Cadwalader’s team has now successfully petitioned the U.S. Patent and Trademark Office and invalidated one of the business method patents asserted in that litigation (i.e., U.S. Patent No. 7,613,649). On September 17, 2021, the U.S. Patent Trial and Appeal Board (PTAB), which is the body within the patent office that adjudicates this type of dispute, held that all of the issued claims in the ‘649 Patent were invalid for being directed to an abstract idea and lacking patent-eligible subject matter. That did not end the inquiry, though, because, as part of this CBM proceeding, TriOptima filed a contingent motion to substitute proposed new claims if the PTAB invalidated all issued claims, as it did in this instance. Denying this motion, the PTAB held all the proposed claims invalid for also reciting an abstract idea and lacking patent-eligible subject matter.
In addition to Dr. Auth, Quantile is also represented in the CBM proceeding by Cadwalader partner Danielle Tully, special counsel Howard Wizenfeld, associates Dash Cole, Michael Powell and John Augelli, and patent agents Andrew Fessak and Dina Halajian.