Unisone Strategic IP, Inc. v. Life Technologies Corporation

I. Background

26 27 On July 25, 2013, Plaintiff filed its initial Complaint asserting infringement of U.S. Pat. No. 6,996,538 (“the ‘538 patent”) against Defendant. ECF No. 1. Defendant soon filed a motion to dismiss the Complaint, ECF No. 10, which the Court granted on October 22, 2013. ECF No. 19. On November 4, 2013, TraceLink, Inc. (“TraceLink”), a defendant in a co-pending action before this Court, filed a request for ex parte reexamination of the ‘538 patent. See 3:13-CV-01743-GPC-LL. Shortly afterwards, Plaintiff filed a first amended complaint alleging infringement of the same patent. ECF No. 21. The Court stayed this action on April 2, 2014, pending the reexamination of the patent. ECF No. 35. A reexamination certificate was subsequently issued on November 24, 2014, amending the ‘538 patent and allowing the claims over the asserted prior art. U.S. Ex Parte Reexamination Cert. No. US 6,996,538 C1. On December 5, 2014, Life Tech filed a Petition with the PTAB seeking CBM review of ’538 patent claims 52, 62, 67, 70-76, 81, 83-85, and 96 (the “first CBM”). On April 8, 2015, the Court granted a motion to…