The Patent Trial and Appeal Board handed Marathon Patent Group Inc. (MARA) a victory in two inter partes review (IPR) challenges of a patent owned by Marathon’s CRFD Research Inc.

The rulings were handed down in IPR2015-00259, filed by petitioners Hulu, LLC, Netflix Inc. and Spotify USA Inc., and in IPR2015-00627, filed by Dish Network Corp.

The patent at issue is U.S. Patent No. 7,191,233, a system for automated, mid-session, user-directed, device-to-device session transfer system.

While the petitioners had challenged a total of 30 out of a possible 43 claims of the '233 patent, the PTAB found only 4 of the 30 claims to be unpatentable.

Marathon noted that this is the second and third time the ‘233 patent has been challenged. After a previous IPR filed by Iron Dome LLC (PR2015-00055), the PTAB found ten of the 43 claims of the '233 patent to be unpatentable.

As a result, the PTAB has confirmed the patentability of 20 out of the 43 claims of the '233 patent that have been challenged.

The issuance of the IPR rulings means that the underlying cases at the U.S. District Court in Wilmington, Delaware before Judge Gregory Sleet, which had been stayed, will now be reopened and go to trial.

“Rulings such as these continue to demonstrate the value of our proprietary process to assess, value, and acquire high quality patent assets that have the potential of generating meaningful return on investment for both the company and its shareholders,” Croxall said.

—To reach the reporter responsible for this story please contact Dan Lonkevich at 707 318-7899 or