Opticurrent Says Power Integrations Reexamination Attempt is Gamesmanship
On May 13, patent owner Opticurrent, LLC, filed an emergency motion for leave to file a supplemental motion for judgment in a patent infringement case being fought out in the Northern District of California against high-performance semiconductor supplier Power Integrations, Inc. The motion, which ultimately asks the district court to render judgment on Power Integrations’ patent invalidity claims, alleges that the defendant has engaged in “gamesmanship” meant “to derail the Article III court system in the event of an adverse outcome on infringement by… manufacturing a race to an administrative outcome intended to circumvent the authority of this Court.” The case goes back to April 2016, when Opticurrent first filed charges against Power Integrations, alleging infringement of U.S. Patent No. 6958623, titled Three Terminal Noninverting Transistor Switch. Power Integrations followed with a counterclaim in which it asserted invalidity of the ‘623 patent, submitted expert discovery, and filed a motion for summary judgment of invalidity based on one of its alleged prior designs, but not based on any other reference contained within its invalidity contentions or expert report.