• Sonos, Inc. v. Google, LLCInstitution denied
  PTAB · Nov 9, 2021 · IPR2021-00963 · APJ Terrence W Mcmillin · IPR · Institution

  The Board denied institution of IPR for claims 1–11 and 13–20 under § 325(d), finding the art previously presented or substantially similar and no material Office error shown.

  RulingsInstitution decision

  • PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dDenied

    “In evaluating arguments under § 325(d), we use [a] two-part framework: (1) whether the same or substantially the same art previously was presented to the Office or whether the same or substantially the same arguments previously were presented to the Office; and (2) if either condition of first part of the framework is satisfied, whether the petitioner has demonstrated that the Office erred in a manner material to the patentability of challenged claims. Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, IPR2019-01469, Paper 6 at 8 (PTAB Feb. 13, 2020) (precedential); see also Becton, Dickinson & Co. v. B. Braun Melsungen AG, IPR2017-01586, Paper 8 at 17–18 (PTAB Dec. 15, 2017) (precedential as to Section III.C.5, first paragraph) (listing factors to consider in evaluating the applicability of § 325(d)). With regard to whether the same or substantially the same art previously was presented to the Office, the file history of the challenged ’375 patent evidences that Lim and Adar were previously presented to the Office and that Horn is substantially the same as art previously presented to the Office.” slip op. at 8

  • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied

    “III. CONCLUSION For the reasons set forth above, we exercise our discretion to deny institution under 35 U.S.C. § 325(d). IV. ORDER In consideration of the foregoing, it is hereby: ORDERED that no inter partes review as to any claim of U.S. Patent No. 10,140,375 B2 is instituted, and the Petition is denied.” slip op. at 12

  Discretionary denial
  Patents in suitUS 10,140,375

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