In a separate opinion, the Federal Circuit also affirmed the PTAB’s inter partes review (IPR) decision, finding most claims of one of Centripetal’s patents invalid, and on Keysight’s cross-appeal, ruled that the two claims of that patent that had survived IPR were also invalid.
“Keysight has met this attack from Centripetal head on across every forum, prevailing on all asserted patents at the ITC, including non-infringement, invalidity, and domestic industry victories, securing PTAB decisions that found 185 claims across eight asserted patents unpatentable, and obtaining multiple Federal Circuit affirmances, while also prevailing on all asserted patents in the Unified Patent Court (UPC) and German national courts, including non-infringement of the asserted patent at the UPC and invalidation of nearly all claims of the asserted patents at the European Patent Office or German national courts, and obtaining affirmances on appeal,” said Jonah Mitchell, Reed Smith partner.
Reed Smith has represented Keysight throughout this complex, multi-forum litigation spanning courts and agencies in the United States and Europe. These latest Federal Circuit decisions confirm Keysight’s ITC and IPR victories, adding to a series of cross-forum wins.
“These outcomes validate what we’ve maintained all along: Keysight respects intellectual property rights and develops its technology through its own innovation, and we will vigorously defend our right to do so,” said Jeffrey Li, Senior Vice President, General Counsel, and Secretary. “We appreciate Reed Smith’s tenacious advocacy on our behalf.”
“This win exemplifies Reed Smith’s strategic, business-first approach to partnering with clients, crafting a complex winning strategy, and successfully executing on that strategy to prevail across multiple fora,” said Peter Chassman, chair of Reed Smith’s Intellectual Property Group. “We work as partners with our clients to protect their businesses and their futures.” Chassman added.
Keysight is represented by Jonah Mitchell, Christine Morgan, Seth Herring, Doyle Johnson, Gerard Donovan, Jonathan Detrixhe, James Martin, and Christopher Pulido of Reed Smith LLP. Hoyng Rokh Monegier and Samson & Partner acted as co-counsel in the European Union. Polsinelli PC provided additional legal representation and counsel before the ITC.
About Keysight
Keysight is a global innovator in the computing, communications, and electronics markets, committed to advancing customers’ business success by helping them solve critical challenges in the development and commercialization of their products and services. Keysight’s mission is “accelerating innovation to connect and secure the world,” reflecting the value provided to customers in an increasingly complex technological landscape. Keysight offers a broad range of design and test solutions that address the critical challenges faced by customers in bringing their innovations to market on ever-shorter schedules. For more information, please visit keysight.com.
About Reed Smith
Reed Smith is a dynamic international law firm dedicated to helping clients move their businesses forward. With an inclusive culture and innovative mindset, we deliver smarter, more creative legal services that drive better outcomes for our clients. Our deep industry knowledge, long-standing relationships and collaborative structure make us the go-to partner for complex disputes, transactions, and regulatory matters.