Review of VLSI Patents in Intel Fight Seen Enticing ‘Opportunists’

An administrative tribunal’s decision to accept validity challenges to VLSI Technology LLC patents supporting a $2.18 billion verdict against Intel Corp. invites profiteers to abuse the system, some attorneys warn.

The Patent Trial and Appeal Board in recent weeks has agreed to review VLSI’s patents based on challenges brought by two entities—OpenSky Industries LLC and Patent Quality Assurance—that were formed weeks after the March verdict.

Some attorneys fear the board’s willingness to institute inter partes review creates an incentive for opportunistic entities to emerge after a large verdict in hopes of getting paid off.

“It is concerning for complete opportunists ...