Sterne Kessler Scores Patent Reexamination Win for Equilibrium—All Claims Upheld

Washington, D.C. (July 8, 2025) – Sterne, Kessler, Goldstein & Fox announces that it has successfully defended Equil IP Holdings (d/b/a Equilibrium) in an ex parte reexamination (Case No. 90/019,461) filed by Akamai Technologies, Inc. against U.S. Patent No. 9,158,745 (’745 patent) seeking the cancellation of claims for a patent for optimizing media content playback. After conducting reexamination, the U.S. Patent and Trademark Office upheld the validity of all challenged claims.

The Patent Office’s decision follows a related inter partes review (IPR) proceeding at the U.S. Patent Trial and Appeal Board (PTAB), in which Sterne Kessler successfully secured an institution denial decision on the merits in 2023. After the PTAB denied institution in the IPR proceeding, Akamai filed a request for ex parte reexamination, asserting that the claims of the ’745 patent were invalid for obviousness-type double patenting over the claims of a related patent. Akamai further requested a stay of the parallel district court litigation pending the outcome of the ex parte reexamination, which was subsequently granted by the court. The Patent Office’s decision now marks Sterne Kessler’s second successful defense of the merits of the ’745 patent claims.

The Sterne Kessler team representing Equilibrium in the reexamination includes Directors Richard Bemben and Steven Pappas. The Sterne Kessler team that represented Equilibrium in the prior IPR included Directors Richard Bemben, Jason Fitzsimmons, and Michael Specht.

About Sterne, Kessler, Goldstein & Fox

Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, enhancement, and enforcement of intellectual property rights, Sterne, Kessler, Goldstein & Fox is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, technical specialists, specialized trademark paralegals, and law clerks include some of the country’s most respected practitioners of IP law, tackling innovations across a broad spectrum of industries. The firm’s practitioners represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.