- Reed Semiconductor Corp. v. Monolithic Power Systems, Inc.Institution deniedPTAB · Nov 26, 2024 · IPR2024-00871 · APJ Ken B Barrett · IPR · Institution
The Board denied institution because Petitioner failed to show a reasonable likelihood of prevailing on any challenged claim; it also found institution inefficient based on Ground 1 alone.
RulingsInstitution decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“We discern no material difference between the parties’ definitions. Petitioner’s definition is consistent with the level of ordinary skill reflected in the prior art references of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (recognizing that the prior art itself may reflect an appropriate level of skill in the art). For purposes of this decision, we apply Petitioner’s definition of the person of ordinary skill in the art. We note, however, that were we to adopt Patent Owner’s assessment, the outcome of this Decision would be the same.” slip op. at 12
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“On this record and for purposes of this decision, we determine that no claim terms require express construction. D. The Alleged Unpatentability of Claims 1, 11, and 12 as Anticipated by TI,” slip op. at 13
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“establishing the unpatentability of any of the challenged claims of the ’608 patent. IV. ORDER For the foregoing reasons, it is ORDERED that the Petition is denied and no trial is instituted.” slip op. at 39
- PTAB / AIA Trials › Discretionary denialInstitution denied discretionary otherInstitution denied
“Here, Petitioner advances five challenges with four directed to the same three independent claims. Pet. 3. We, for the reasons discussed below, determine that Petitioner has failed to show a reasonable likelihood of prevailing on Grounds 2 through 5. We further determine that, based on the particular facts of this proceeding, instituting a trial with respect to all grounds and all the challenged claims based on evidence and arguments directed only to Ground 1 would not be an efficient use of the Board’s time and resources. Cf. Chevron Oronite Co. LLC v. Infineum USA L.P., IPR2018-00923, Paper 9, 10–11 (PTAB Nov. 7, 2018) (informative); Deeper, UAB v. Vexilar, Inc., IPR2018-01310, Paper 7 (PTAB Jan. 24, 2019) (informative). Thus, even if Petitioner met the requisite burden for institution as to Ground 1, we would exercise our discretion and not institute an inter partes review. E. The Alleged Anticipation of Claims 1, 11, and 12 by Galinski (Ground 2)” slip op. at 24
Claim construction§ 102 anticipation§ 103 obviousnessDiscretionary denialcites Phillips · KSR · GrahamPatents in suitUS 9,590,608 - Netscout Systems, Inc. v. Longhorn HD LLCInstitution deniedPTAB · Feb 10, 2022 · IPR2021-01258 · APJ Matthew S Meyers · IPR · Institution
The Board denied institution on all grounds and claims, finding no reasonable likelihood for at least claims 1–11 and that trying all 12 claims would be inefficient.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“The problem with Petitioner’s contention is that limitation 1[f] does not require an “anomaly detector” to detect anomalous correlations between input vectors, but instead, an “anomaly detector . . . to detect anomalous correlations between individual ones of said clusters.” Ex. 1001, 10:66– 11:3. In this regard, the’846 patent’s specification discloses [o]nce sufficient data has be stored in the database, multi-dimensional vectors can be constructed and reduced from the stored data. The reduced multi-dimensional vectors can be processed using one or more conventional multi-variate analysis methods and the output sets produced by the multi-variate analysis methods can be correlated against one another according to one or more selected metrics. Id. at 4:34–40; see also id. at 9:15–19 (“Once, the reduced vectors have been processed by the multiple clustering methodologies in block 270, one or more metrics can be selected in block 280 for purposes of establishing a correlation between the output sets of the processed reduced multi-dimensional vectors.”). In contrast, the portions of Rhodes relied upon by Petitioner to address the argued limitation disclose that Rhodes detects anomalous behavior based on a correlation between input vectors, i.e., a “‘comparison function’ to measure ‘how different two vectors are.’” Pet. 39 (citing Ex. 1004, 3); see also id. at 40 (citing Ex. 1004, 8 (“The most obvious measure of vector similarity is somehow aggregating the differences among their several coordinates.”).” slip op. at 17
- Other 314aInstitution denied discretionary otherInstitution denied
“Here, the Petition challenges 12 claims of the ’846 patent. Pet. 1. As discussed above, Petitioner fails to demonstrate a likelihood of prevailing with respect to its challenges to at least 11 of these claims. Were we to institute review, the resulting trial would nonetheless go forward on all 12 claim challenges. We find that instituting trial, therefore, would not be an efficient use of the Board’s time and resources. Consequently, we exercise our discretion to deny institution of the entire Petition under 35 U.S.C. § 314.10” slip op. at 24
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“For purposes of this Decision, we determine that no construction of any term is necessary to resolve the issues presented by the arguments and evidence of record to reach a decision on institution. See Nidec Motor Corp. 8 The Petition in this case was accorded a filing date of August 11, 2021. See Paper 3, 1. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (per curiam) (claim terms need to be construed “only to the extent necessary to resolve the controversy” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).” slip op. at 10
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Based on our review of the record at this stage, we find that Petitioner’s proposal is consistent with the level of skill reflected in the prior art references of record. See Daiichi Sankyo Co. v. Apotex, Inc., 501 F.3d 1254, 1256 (Fed. Cir. 2007) (listing the type of problems encountered in the art, prior art solutions to those problems, and the sophistication of the technology as factors that may be considered in determining the level of ordinary skill in the art). The prior art itself may be sufficient to demonstrate the level of skill in the art at the time of the invention. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (explaining that specific findings regarding ordinary skill level are not required “where the prior art itself reflects an appropriate level and a need for testimony is not shown”) (quoting Litton Indus. Prods., Inc. v. Solid State Sys. Corp., 755 F.2d 158, 163 (Fed. Cir. 1985)). Thus, for purposes of this decision, we adopt Petitioner’s proposed definition of the level of ordinary skill in the art.” slip op. at 9
Claim constructionDiscretionary denialcites Phillips · KSR · GrahamPatents in suitUS 7,260,846
Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.