On November 16, 2021, the United States Court of Appeals for the Federal Circuit summarily affirmed the PTAB’s ruling that Arsus's disclaimer of all challenged claims of U.S. Patent 10,259,494 should be treated as a request for adverse judgment in a summary affirmance under Rule 36, effectively ending the longstanding assertion of those claims. In January 2021, the Board entered adverse judgment against Arsus in IPR2020-00948, Unified Patents, LLC v. Arsus, LLC, in response to Arsus disclaiming all challenged claims. Arsus's counsel filed a Motion to Vacate Judgment arguing that the Board was deprived of subject matter jurisdiction after Arsus's disclaimer. The Board issued an order denying Arsus's motion to vacate and affirming termination of the proceeding.

The ‘494 patent is generally directed towards a rollover prevention apparatus for an automobile. The ‘494 patent has previously been asserted against Tesla Motors. Prior patents in this family were asserted in a case against a BMW dealership in Utah (dismissed on non-infringement).

View Arsus’s district court litigation. To read the petition and view the case record, see Unified’s Portal. Unified is represented by Unified’s in-house counsel, David Seastrunk and Roshan Mansinghani, in this proceeding.