Washington, D.C. – The United States Patent and Trademark Office (USPTO), Patent Trial and Appeal Board (PTAB) has again, for the second time, DENIED Guardian Alliance Technologies’ attempt to invalidate Miller Mendel’s 188 Patent.
The 188 patent protects certain key aspects of Miller Mendel’s eSOPH platform. Miller Mendel, Inc. asserted in a federal lawsuit filed October 9, 2018, that Guardian Alliance Technologies’ platform infringes on certain claims in Miller Mendel’s 188 patent. The patent was granted to Tyler Miller, Miller Mendel’s Founder, President and CEO on June 30, 2015, and licensed exclusively to Miller Mendel, Inc.
In response to the lawsuit filed by Miller Mendel’s counsel, Guardian Alliance Technologies on October 10, 2019, filed an “Inter Partes Review (“IPR”) with the USPTO PTAB, which is a procedure for challenging the validity of an already issued patent before the USPTO. On March 26, 2020, the USPTO PTAB judges issued a 22-page decision, denying Guardian Alliance Technologies’ Inter Partes Review request.
In response to the USPTO PTAB judges’ decision, on April 27, 2020, Guardian Alliance Technologies filed a 24-page Request for Rehearing (or “appeal”), challenging the USPTO’s decision, again. On page 7 of Guardian Alliance Technologies’ Request for Rehearing, it alleges the three USPTO judges abused their discretion in ultimately denying Guardian Alliance Technologies’ request for an Inter Partes Review of the 188 patent issued to Miller on June 30, 2015.
In addition to filing for the rehearing, in an appeal-type effort against the USPTO PTAB judges, Guardian Alliance Technologies filed for a USPTO Precedential Opinion Panel (POP) review. The POP operates at the discretion of the Director of the USPTO to decide issues of ‘exceptional importance’ to the Patent Trial and Appeal Board (issues involving agency policy or procedure, etc.). POP members include the USPTO Director, the Commissioner for Patents and their Chief Judge.
On June 16, 2020, in a 3-page decision, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, the Commissioner for Patents, and the Chief Administrative Patent Judge, also DENIED Guardian Alliance Technologies’ request for Precedential Opinion Panel review.
On July 27, 2020, in a 16-page decision, the PTAB again, also, DENIED Guardian Alliance Technologies’ request on Rehearing of Decision on Institution, for several cited reasons.
All the documents and decisions filed (to date) with the USPTO can be found by clicking here. IPR2020-00031.
All the documents and decisions filed (to date) with the United States District Court for the Western District of Oklahoma can be found by clicking here.
Miller Mendel takes the protection of its intellectual property seriously. Miller Mendel has an obligation to protect its intellectual property, both for the interest of Miller Mendel, Inc and its clients currently using the eSOPH background investigation software system.
ABOUT MILLER MENDEL
Miller Mendel, Inc. (“MMI”) creates, sells and supports its software technology solutions for local, state and federal public safety agencies, and is the holder of two patents (U.S. Patent No. 9070098 and U.S. Patent No. 10043188) related to the features of its flagship product, eSOPH. Our primary focus is to turn past practices used by city, county and state government into efficient and cost-effective electronic solutions. MMI is known for creating category leading systems and providing responsive, exceptional support to all our clients. We place great pride in straightforward and transparent operational practices that foster a high level of respect and praise from our government clients.