The re-examination is granted at the request of the Public Patent Foundation.The United States Patent and Trademark Office will re-examine Forgent's JPEG patent at the request of the
Public Patent Foundation.
In its request for ex parte re-examination, dated Jan. 31, PUBPAT raised "a substantial new question of patentability," according to documents on file with the USPTO.
PUBPAT informed the USPTO that a prior patent for a similar technology was not of record during the prosecution of the original patent and has since expired. That prior patent was owned by Compression Labs, which also owned the JPEG patent (No. 4,698,672, aka the '672 Patent).
Forgent Networks acquired Compression Labs and the '672 patent in 1997. Forgent began asserting the '672 patent against several companies in 2004.
Speaking on the recent re-examination, Richard Snyder, chairman and CEO of Forgent, said, "We have not found any convincing arguments of invalidity, including the recent claims, and as a result we are confident in the patent and look forward to an efficient re-examination."
The re-examination is expected to take 18 months to two years.
Forgent had reached licensing deals with more than 50 companies worth more than $105 million in licensing revenue, according to the company.
Licensing deals from the patent account for about 95 percent of Forgent's revenues, though the Austin, Texas, company also runs a smaller software development operation focused on scheduling applications.