issued a preliminary injunction and MerchSource immediately filed an appeal. In April 2019, the Federal Circuit panel affirmed the District Court’s finding. MerchSource tried a couple other legal moves but, in the end, they complied with the injunction and requested termination of their PGR and IPR actions.
Thus, in this case, Patrick and DODOcase did walk away slightly successfully. Only slightly, because of the irreparable harm to DODOcase VR, the hefty financial cost to defend their patents during their battle with MerchSource and the ultimate sale of his patents due to the uncertainty.
Patrick says, “Though we eventually got the Federal Circuit to force MerchSource to withdraw these petitions in the 12th hour based on the venue clause of our contract, only weeks before the PTAB was going to issue their final decision, the expense (6 figures), time (~2 years), and uncertainty of the IPR process forced me to sell my patents to a law firm before we could prevail. MerchSource’s war of attrition through the use of the PTAB still cost me my patents even though the patents are still valid.”