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Federal Circuit Affirms IPR Win for Multi Packaging Solutions

Practices: Intellectual Property, Intellectual Property Litigation, Patent Trial & Appeal Board (PTAB) Proceedings, Patent Litigation, Patent Strategy, Technology, Media & Telecommunications, Appellate & Supreme Court

The Federal Circuit on March 16 affirmed Multi Packaging Solutions’ inter partes review win against CPI Card Group in a Rule 36 affirmance, after an oral argument on March 3. The IPR petition was filed in response to a District of Colorado suit initiated by CPI alleging that MPS infringed a patent on making secure gift card packages.  

Last year, the Patent Trial and Appeal Board found all 30 claims of the challenged patent obvious on all instituted grounds. On appeal, CPI focused on the adequacy of the Board’s analysis of certain limitations in the patent’s independent and dependent claims. MPS succeeded in arguing that substantial evidence supported the Board’s findings that the claims would have been obvious in view of the prior art taken as a whole.  

The MPS PTAB appeal team included IP litigation partner Mark Rowland (Silicon Valley), Appellate & Supreme Court partner Doug Hallward-Driemeier (Washington, D.C.) and IP litigation associate Keyna Chow (Silicon Valley).

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