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The Patent Trial and Appeal Board (PTAB) has ruled that major automakers, including Ford, General Motors, and Nissan, failed in their bid to invalidate key claims of a Neo Wireless patent. The decision comes after an inter partes review in a high-profile multidistrict litigation.

In its final written decision, the PTAB found that the automakers did not provide sufficient evidence to prove that Neo Wireless’ patent, which focuses on improving wireless network efficiency, was obvious based on prior art. “Petitioner has not shown by a preponderance of the evidence that [the claims] are unpatentable,” the board stated, collectively referring to Ford, GM, and Nissan as the petitioner.

The Neo Wireless patent, U.S. Patent No. 10,447,450, is currently at issue in nearly two dozen ongoing or terminated infringement cases, which have been consolidated in the Eastern District of Michigan. The PTAB’s decision follows a reversal last year by then-U.S. Patent and Trademark Office director Kathi Vidal, who vacated the board’s initial refusal to institute review, citing improper extension of board precedent.

The board exercised its discretion to deny Ford’s original petition due to overlapping claims with a separate challenge filed by Volkswagen. However, after Vidal’s ruling, the board instituted review of the patent for Ford and subsequently joined GM and Nissan in the proceedings.

Legal representation for the parties included:

• Ford: John LeRoy, Christopher Smith, and Kyle Konz of Brooks Kushman PC

• GM & Nissan: Timothy W. Riffe and Usman A. Khan of Fish & Richardson PC, Reggie Hill and Nicole A. Keenan of Jenner & Block LLP

• Neo Wireless: Kenneth Weatherwax and Parham Hendifar of Lowenstein & Weatherwax LLP, Hamad Hamad of Caldwell Cassady & Curry PC

Judges Kristen L. Droesch, Hyun J. Jung, and Stephen E. Belisle presided over the PTAB panel.

The PTAB’s ruling marks a significant outcome in the ongoing Neo Wireless patent litigation, confirming that the automakers’ PTAB failed bid to invalidate the patent claims was unsuccessful.