Klemchuk LLP Secures Complete Denial of Inter Partes Review Petition

DALLAS – Klemchuk LLP, a leading intellectual property (IP), litigation, and business law firm, announces Managing Principals Gary Sorden and Kirby Drake recently secured a complete denial of an inter partes review (IPR) petition filed at the Patent and Trial and Appeal Board (PTAB) on behalf of their client, Encoditech LLC. Petitioner Askeladden L.L.C. filed an IPR petition related to all claims of U.S. Patent No. 6,321,095 owned by Encoditech. Petitioner asked the PTAB to invalidate the patent claims for anticipation and/or obviousness based on five grounds. Klemchuk LLP responded to the IPR petition, arguing that none of the grounds had a reasonable likelihood of prevailing with respect to any of the challenged claims.

Kirby Drake, Patent Attorney, Patent Lawyer, Klemchuk LLP

Kirby Drake, Patent Attorney, Patent Lawyer, Klemchuk LLP

The PTAB denied the petition and ruled that no IPR should be instituted, and agreed with Klemchuk LLP that the petitioner did not demonstrate a reasonable likelihood of prevailing as to any of the challenged claims. This is the most recent success defending against IPR petitions on behalf of patent owners at the PTAB for Sorden and Drake.

Sorden is experienced in IP law and primarily focuses on commercial and intellectual property litigation in the areas of software, electrical, mechanical, semiconductor, and chemical technologies. Sorden earned a J.D. from Texas Tech School of Law, a M.S. in Engineering Management from Southern Methodist University and a B.S. in Computer Science from the University of Texas – Pan American.

Drake is experienced in many areas of intellectual property law and focuses primarily on intellectual property litigation and patent prosecution, addressing a broad range of technologies. Drake earned a J.D. from Wake Forest University School of Law, and a Bachelor of Science degree cum laude, in chemistry from Duke University.

About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differentlyand our local counselpractice. 

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, transactional, and international law).