- RPX Corporation v. Applications In Internet Time, LLCRehearing deniedPTAB · Dec 4, 2020 · IPR2015-01752 · APJ Scott R Boalick · IPR · Rehearing
The Board denied RPX’s rehearing request, leaving in place the determination that Salesforce was an RPI and the petitions were time-barred under § 315(b).
RulingsRehearing decision- RehearingRehearing, deniedDenied
“The burden of showing a decision should be modified lies with the party challenging the decision. The request must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed in a motion, an opposition, or a reply. Thus, a request for rehearing is not an opportunity to present new arguments or evidence or merely to disagree with the panel’s assessment of the arguments or weighing of the evidence.” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“legally required for Salesforce to be a “beneficiary.” Req. Reh’g. 14. Further, Petitioner further asserts that we overlooked the authority cited by Petitioner that “‘behest’ means command, and that RPX cannot have acted as Salesforce’s representative unless RPX were appointed by Salesforce to so act.” Id. at 14–15. Petitioner asserts that the evidence, at most, demonstrates that RPX filed as a “mere volunteer to benefit Salesforce.” Id. at 15. We are not persuaded because Petitioner’s argument proposes that we apply a more narrow and rigid analysis of RPI than the one instructed by the Federal Circuit in these cases. As stated by the Federal Circuit, “[d]etermining whether a non-party is a ‘real party in interest’ demands a flexible approach that takes into account both equitable and practical considerations, with an eye toward determining whether the non-party is a clear beneficiary that has a preexisting, established relationship with the petitioner.” AIT, 897 F.3d at 1351; see also Dec. 4–5. Applying this flexible approach to the evidence of record, we determined that Salesforce is an RPI in these proceedings.” slip op. at 16
- PTAB / AIA Trials › §315(b) time barDenied
“In the Final Decision on Remand, we determined that Salesforce was a real party in interest (an “RPI”) in these proceedings, and the Petitions, therefore, were time-barred under 35 U.S.C. § 315(b). Dec. 35, 40. Based on that determination, we terminated the previously instituted inter partes reviews. Id. at 40. On October 9, 2020, RPX Corporation (“Petitioner”) filed a Request for Rehearing of the Board’s Final Decision on Remand. Paper 134 (“Req. Reh’g.”). Pursuant to our authorization, Patent Owner filed a Response (Paper 135, “PO Resp.”), and Petitioner filed a Reply (Paper 136, “Pet. Reply”). For the reasons discussed below, we deny Petitioner’s Request for Rehearing.” slip op. at 2
- PTAB / AIA Trials › Constitutional / APA (Arthrex, Oil States, due process)Decided for patent owner
“entitled to due process and the protections afforded by the Administrative Procedure Act. Pet. Reply 1 (citing SAS Inst., Inc. v. ComplementSoft, LLC, 825 F.3d 1341, 1351 (Fed. Cir. 2016)). We agree with Patent Owner, however, that all requirements of procedural due process have been met here. “The indispensable ingredients of due process are notice and an opportunity to be heard by a disinterested decision-maker.” Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064, 1080 (Fed. Cir. 2015) (quoting Abbott Labs. v. Cordis Corp., 710 F.3d 1318, 1328 (Fed. Cir. 2013)).” slip op. at 4
Discretionary denialPatents in suitUS 7,356,482 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00744 · APJ Michael L Woods · IPR · Rehearing
The Board denied Fasteners for Retail’s rehearing request, leaving institution denied because it failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Petitioner’s argument is without merit because it mischaracterizes our Order. Contrary to Petitioner’s assertion (Request 5), our Order does not “instruct” or “direct” Petitioner to file a reply brief if it believes Olympus is not an unnamed RPI. Rather, our Order explicitly provides that if “Petitioner does not believe that Olympus is an unnamed real party in interest, in lieu of updating its mandatory notices, Petitioner may file a reply brief.” Order 3 (emphasis added). In other words, the Order does not state “Petitioner must file a reply brief,” as Petitioner’s argument would have us believe. The Order further provides:” slip op. at 4
- PTAB / AIA Trials › Real party in interest / privityDecided for patent owner
“We entered a decision denying institution (Paper 25, “DDI”), in which we explained that Petitioner failed to persuade us that Olympus was not an RPI. DDI 14.” slip op. at 2
Discretionary denialPatents in suitUS 9,635,957 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00743 · APJ Michael L Woods · IPR · Rehearing
The Board denied Fasteners for Retail’s rehearing request and left institution denied because it failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Petitioner’s argument is without merit because it mischaracterizes our Order. Contrary to Petitioner’s assertion (Request 5), our Order does not “instruct” or “direct” Petitioner to file a reply brief if it believes Olympus is not an unnamed RPI. Rather, our Order explicitly provides that if “Petitioner does not believe that Olympus is an unnamed real party in interest, in lieu of updating its mandatory notices, Petitioner may file a reply brief.” Order 3 (emphasis added). In other words, the Order does not state “Petitioner must file a reply brief,” as Petitioner’s argument would have us believe. The Order further provides: ORDERED that within 7 days of the entry of this Order, Petitioner may amend its mandatory notices to name other parties, including Olympus as a real party in interest in each [proceeding] . . . FURTHER ORDERED that in lieu of updating its mandatory notices, Petitioner may file a 7-page reply brief to address Patent Owner’s RPI arguments in each [proceeding].” slip op. at 4
- PTAB / AIA Trials › Real party in interest / privityInstitution denied rpiDecided for patent owner
“We entered a decision denying institution (Paper 25, “DDI”), in which we explained that Petitioner failed to persuade us that Olympus was not an RPI. DDI 14.” slip op. at 2
Discretionary denialPatents in suitUS 9,504,321 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00742 · APJ Michael L Woods · IPR · Rehearing
The Board denied the rehearing request in all four proceedings, upholding denial of institution because Petitioner failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“b. Standard for Reconsideration The party filing a request for rehearing has the burden of showing a decision should be modified, and the request for rehearing must specifically identify all matters the party believes the Board misapprehended or overlooked and the place where each matter was previously addressed in its papers. 37 C.F.R. § 42.71(d). Therefore, Petitioner bears the burden of establishing that we misapprehended or overlooked the matters that it requests that we review. When rehearing a decision whether to institute a trial, the Board reviews the decision for an abuse of discretion. 37 C.F.R. § 42.71(c).” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“I. INTRODUCTION a. Background Fasteners for Retail, Inc. (“Petitioner”), filed four petitions (IPR2018- 00741, IPR2018-00742, IPR2018-00743, and IPR2018-00744) requesting inter partes review of claims in U.S. Patent Nos. 9,173,505, 9,149,132, 9,504,321, and 9,635,957. Paper 1.2 RTC Industries, Inc. (“Patent Owner”), filed a Preliminary Response (Paper 8, “Prelim. Resp.”) arguing that Petitioner failed to identify Olympus Partners LP (“Olympus”) as a real party-in-interest (“RPI”). Prelim. Resp. 28–39. After receiving the Preliminary Response, we issued an order (Paper 13, “Order”) permitting Petitioner to either: (1) amend its mandatory notices within 7 days to name Olympus as an RPI; or (2) file a reply brief within 7 days to address Patent Owner’s RPI argument. Order 4. Although it amended its mandatory notices to add certain additional RPIs (Paper 14), Petitioner chose to file a reply brief (Paper 15, “Reply”) rather than name Olympus as an RPI. We entered a decision denying institution (Paper 25, “DDI”), in which we explained that Petitioner failed to persuade us that Olympus was not an RPI. DDI 14.” slip op. at 2
Discretionary denialPatents in suitUS 9,149,132 - Fasteners For Retail, Inc. v. RTC Industries, Inc.Rehearing deniedPTAB · Nov 15, 2018 · IPR2018-00741 · APJ Michael L Woods · IPR · Rehearing
The Board denied Fasteners for Retail’s rehearing request, leaving institution denied because Petitioner failed to identify Olympus as a real party in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“b. Standard for Reconsideration The party filing a request for rehearing has the burden of showing a decision should be modified, and the request for rehearing must specifically identify all matters the party believes the Board misapprehended or overlooked and the place where each matter was previously addressed in its papers. 37 C.F.R. § 42.71(d). Therefore, Petitioner bears the burden of establishing that we misapprehended or overlooked the matters that it requests that we review. When rehearing a decision whether to institute a trial, the Board reviews the decision for an abuse of discretion. 37 C.F.R. § 42.71(c).” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“Moreover, the 7-day period for amending its mandatory notices to name Olympus as an RPI expired on July 27, 2018, (Order 4), and we entered our decision denying institution based on Petitioner’s failure to name Olympus as an RPI on September 12, 2018, (DDI 14). To permit Petitioner to now amend its mandatory notices to cure its failure to name Olympus as an RPI would be unfair to Patent Owner and would encourage gamesmanship by allowing petitioners to refrain from naming all RPIs until if and after such unnamed RPI is the cause for denying institution. Indeed, we are not aware of any Board decision that has permitted such amendment to mandatory notices after a decision denying institution. Accordingly, Petitioner’s Request is denied.” slip op. at 5
Discretionary denialPatents in suitUS 9,173,505 - Corning Optical Communications RF, LLC v. PPC Broadband, Inc.Rehearing deniedPTAB · Dec 9, 2015 · IPR2014-00736 · APJ Jacqueline Wright Bonilla · IPR · Rehearing
The Board denied Corning’s rehearing request, leaving intact dismissal of the petitions because Corning Inc. and Corning Optical Communications LLC were unnamed real parties in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Under 37 C.F.R. § 42.71(c), “[w]hen rehearing a decision on petition, a panel will review the decision for an abuse of discretion.” An abuse of discretion occurs when a “decision was based on an erroneous conclusion of law or clearly erroneous factual findings, or . . . a clear error of judgment.” PPG Indus. Inc. v. Celanese Polymer Specialties Co. Inc., 840 F.2d 1565, 1567 (Fed. Cir. 1988) (citations omitted). A request for rehearing “must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed.” 37 C.F.R. § 42.71(d).” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“proof on Petitioner.” Req. Reh’g. 9–10. As noted in our Decision, we placed the ultimate burden of proof, i.e., burden of persuasion, on Patent Owner, not Petitioner. Dec. 13–14 (stating that if “a patent owner raises the RPI issue after institution and after filing a response to the petition, and in the form of a motion . . . , the burden of proof is on the patent owner as the proponent of the motion”). As explained recently by the Federal Circuit, the “burden of persuasion ‘is the ultimate burden assigned to a party who must prove something to a specified degree of certainty,’ such as by a preponderance of the evidence.” Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015) (quoting Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1326–27 (Fed. Cir. 2008)). Notwithstanding Patent Owner’s burden of persuasion, however, once it came forward with sufficient evidence indicating that Petitioner should have identified Corning Inc. and Corning NC as RPIs (as cited and discussed in Patent Owner’s Motion), a “shifting burden” came into play, i.e., a “burden of production” on Petitioner. Id. at 1379. To address that burden of production, Petitioner had an opportunity to “produc[e] additional evidence and present[] persuasive argument based on new evidence or evidence already of record” in its Opposition to Patent Owner’s Motion to Dismiss. Id. (citations omitted). It was in this capacity, only after determining that Patent Owner had made a sufficient showing regarding RPI, that we stated that Petitioner did not point “to credible evidence indicating that if interests of Corning Inc. and Petitioner ever diverged, Mr. Hulme and Mr. Vynalek, who are employees of Corning Inc. (Ex. 2100, 12– 14), would act in a matter contrary to Corning Inc.’s interests.” Dec. 22; Req. Reh’g. 9. Thereafter, based on all evidence before us, we concluded that Patent Owner had established by a preponderance of the evidence that Corning NC and Corning Inc. should have been named as RPIs in these proceedings. Dec. 13–14, 16, 25. Thus, Petitioner does not persuade us that we impermissibly placed the burden of persuasion on Petitioner.” slip op. at 5
Discretionary denialPatents in suitUS 6,676,446 - Corning Optical Communications RF, LLC v. PPC Broadband, Inc.Rehearing deniedPTAB · Dec 9, 2015 · IPR2014-00440 · APJ Jacqueline Wright Bonilla · IPR · Rehearing
The Board denied Corning’s rehearing request, leaving in place dismissal of the petitions, termination of the reviews, and vacatur of the institution decisions for failure to identify all RPIs.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Under 37 C.F.R. § 42.71(c), “[w]hen rehearing a decision on petition, a panel will review the decision for an abuse of discretion.” An abuse of discretion occurs when a “decision was based on an erroneous conclusion of law or clearly erroneous factual findings, or . . . a clear error of judgment.” PPG Indus. Inc. v. Celanese Polymer Specialties Co. Inc., 840 F.2d 1565, 1567 (Fed. Cir. 1988) (citations omitted). A request for rehearing “must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed.” 37 C.F.R. § 42.71(d).” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityDecided for patent owner
“Notwithstanding Patent Owner’s burden of persuasion, however, once it came forward with sufficient evidence indicating that Petitioner should have identified Corning Inc. and Corning NC as RPIs (as cited and discussed in Patent Owner’s Motion), a “shifting burden” came into play, i.e., a “burden of production” on Petitioner. Id. at 1379. To address that burden of production, Petitioner had an opportunity to “produc[e] additional evidence and present[] persuasive argument based on new evidence or evidence already of record” in its Opposition to Patent Owner’s Motion to Dismiss. Id. (citations omitted). It was in this capacity, only after determining that Patent Owner had made a sufficient showing regarding RPI, that we stated that Petitioner did not point “to credible evidence indicating that if interests of Corning Inc. and Petitioner ever diverged, Mr. Hulme and Mr. Vynalek, who are employees of Corning Inc. (Ex. 2100, 12– 14), would act in a matter contrary to Corning Inc.’s interests.” Dec. 22; Req. Reh’g. 9. Thereafter, based on all evidence before us, we concluded that Patent Owner had established by a preponderance of the evidence that Corning NC and Corning Inc. should have been named as RPIs in these proceedings. Dec. 13–14, 16, 25. Thus, Petitioner does not persuade us that we impermissibly placed the burden of persuasion on Petitioner.” slip op. at 5
- PTAB / AIA Trials › Motions to amend / substitute claimsDenied
“sufficient “good cause” exists to waive our rules to allow correction of the RPIs identified in the Petitions without a loss of original filing dates. Dec. 24–25 (citing Reflectix, Inc. v. Promethean Insulation Tech. LLC, Case IPR2015-00039, slip op. at 13–18 (PTAB April 24, 2015) (Paper 18)). Petitioner’s incorrect determination of RPIs in its Petition, as argued in its Opposition to Patent Owner’s Motion to Dismiss and its Request now, “did not arise out of some mistake of fact.” Reflectix, Case IPR2015-00039, slip. op at 14 (Paper 18). Rather, Petitioner asserted that it “designated itself as the only RPI in good faith at the time the Petitions were filed, based on the guidance in the [Trial Practice Guide] before the Board’s RPI decisions cited in the Decision even existed.” Req. Reh’g. 12, 14–15. In other words, Petitioner “misunderstood the law as it applies to the RPI determination.” Reflectix, Case IPR2015-00039, slip. op at 14 (Paper 18). We agree with our colleagues in Reflectix that the Trial Practice Guide provides notable guidance, “as it devotes over a page of the Federal Register to discussing RPI and privity, and cites to precedent including the Supreme Court decision in Taylor v. Sturgell.” Id. at 14–15 (citing 77 Fed. Reg. at 48,759 (citing 553 U.S. 880 (2008)). Furthermore, a number of relevant Board decisions concerning RPI had issued by March 2, 2015, when we authorized Patent Owner to file its Motion for Additional Discovery regarding whether Corning Inc. and Corning NC should have been listed as RPIs. Paper 31. Petitioner did not request authorization to correct its Petitions thereafter, but instead suggested the possibility of correction in its Opposition to Patent Owner’s Motion to Dismiss. Opp. 1, 22, 23, 25. Our determination that Petitioner’s Motion to Dismiss was timely did not undercut the significance of Petitioner’s actions here. Req. Reh’g. 14–15. We are not persuaded, given the facts of this case, that Petitioner’s failure to name all RPIs in its Petitions, and its failure to request authorization to correct its Petitions regarding RPIs during trial, constitute a type of “error” that warrants permitting correction at this stage, without altering filing dates of the Petitions, even assuming no evidence of bad faith by Petitioner exists. Req. Reh’g. 15, 14. In addition, regardless of whether Petitioner “erred” when preparing its Petitions, Petitioner continued to maintain strongly its position regarding RPIs, even after it had access to all facts and evidence before us when we issued our Decision, thereby indicating that its position was not an “error” on Petitioner’s part, but rather a strategic position. As stated in 35 U.S.C. § 312(a)(2) (emphasis added), a petition for inter partes review “may be considered only if— . . . the petition identifies all real parties in interest.” In view of Petitioner’s actions here, we are not persuaded that we abused our discretion in determining the appropriate remedy here was to grant Patent Owner’s Motions to Dismiss, terminate the instant proceedings, and vacate our Decisions on Institution.” slip op. at 12
Discretionary denialPatents in suitUS 8,597,041 - Corning Optical Communications RF, LLC v. PPC Broadband, Inc.Rehearing deniedPTAB · Dec 9, 2015 · IPR2014-00441 · APJ Jacqueline Wright Bonilla · IPR · Rehearing
The Board denied rehearing, leaving intact dismissal of the petitions, termination of the proceedings, and vacatur of institution decisions for failure to identify all real parties in interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Under 37 C.F.R. § 42.71(c), “[w]hen rehearing a decision on petition, a panel will review the decision for an abuse of discretion.” An abuse of discretion occurs when a “decision was based on an erroneous conclusion of law or clearly erroneous factual findings, or . . . a clear error of judgment.” PPG Indus. Inc. v. Celanese Polymer Specialties Co. Inc., 840 F.2d 1565, 1567 (Fed. Cir. 1988) (citations omitted). A request for rehearing “must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed.” 37 C.F.R. § 42.71(d).” slip op. at 3
- PTAB / AIA Trials › Real party in interest / privityDecided for patent owner
“Notwithstanding Patent Owner’s burden of persuasion, however, once it came forward with sufficient evidence indicating that Petitioner should have identified Corning Inc. and Corning NC as RPIs (as cited and discussed in Patent Owner’s Motion), a “shifting burden” came into play, i.e., a “burden of production” on Petitioner. Id. at 1379. To address that burden of production, Petitioner had an opportunity to “produc[e] additional evidence and present[] persuasive argument based on new evidence or evidence already of record” in its Opposition to Patent Owner’s Motion to Dismiss. Id. (citations omitted). It was in this capacity, only after determining that Patent Owner had made a sufficient showing regarding RPI, that we stated that Petitioner did not point “to credible evidence indicating that if interests of Corning Inc. and Petitioner ever diverged, Mr. Hulme and Mr. Vynalek, who are employees of Corning Inc. (Ex. 2100, 12– 14), would act in a matter contrary to Corning Inc.’s interests.” Dec. 22; Req. Reh’g. 9. Thereafter, based on all evidence before us, we concluded that Patent Owner had established by a preponderance of the evidence that Corning NC and Corning Inc. should have been named as RPIs in these proceedings. Dec. 13–14, 16, 25. Thus, Petitioner does not persuade us that we impermissibly placed the burden of persuasion on Petitioner.” slip op. at 5
Discretionary denialPatents in suitUS 8,562,366 - Acxiom Corporation v. Phoenix Licensing, LLCRehearing deniedPTAB · Oct 29, 2015 · CBM2015-00068 · APJ Barry L Grossman · CBM · Rehearing
The Board denied Acxiom’s rehearing request, leaving in place the denial of CBM review because Acxiom itself did not meet the statutory standing requirement.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“an abuse of discretion. 37 C.F.R. § 42.71(c). The burdens and requirements of a request for rehearing are stated in 37 C.F.R. § 42.71(d): (d) Rehearing. . . . The burden of showing a decision should be modified lies with the party challenging the decision. The request must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed in a motion, an opposition, or a reply. Acxiom asserts that “from oversight or misapprehension” (Req. Reh’g 3) the” slip op. at 2
- PTAB / AIA Trials › Real party in interest / privityDecided for patent owner
“(emphases added). The statute further defines a “person” who may file a CBM petition as “a person who is not the owner of a patent.” 35 U.S.C. § 321(a).2 We construe the statute to mean that a person, such as a corporate petitioner, may file a CBM petition only if that individual entity, or its real parties in interest or privies, have been sued for, or charged with, infringement. See Joe Matal, A Guide to the Legislative History of the America Invents Act: Part II of II, 21 FED. CIR. B.J. 539, 626 (2012) (“[A] party may petition for a proceeding only if that party or its real parties in interest or privies have been ‘sued for infringement of the patent or . . . charged with infringement under that patent. ’” (emphases added)).” slip op. at 5
Discretionary denialPatents in suitUS 8,352,317 - Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc.Rehearing deniedPTAB · May 22, 2015 · IPR2014-00488 · APJ Justin T Arbes · IPR · Rehearing
The Board denied Medtronic’s rehearing requests, leaving in place termination of the proceedings for failure to identify Cardiocom as a real party-in-interest.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“Terminate should be modified lies with Medtronic, the party challenging the Decision. 37 C.F.R. § 42.71(d). A request for rehearing “must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed.” Id. Medtronic makes six arguments in its Requests, which we address in turn.” slip op. at 2
- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for patent ownerDecided for patent owner
“acting as a “proxy” for Cardiocom because we ignored Medtronic’s evidence that it exercises exclusive control over these proceedings. Req. Reh’g 7–8. To the contrary, we reviewed and evaluated all of the evidence submitted by the parties, including the declarations and documents again cited by Medtronic in its Requests for Rehearing. See Dec. 9–17. As explained in the Decision, whether a non-party is a real party-in-interest is a “highly fact-dependent question,” taking into account, among other things, the non-party’s “relationship with the petitioner,” the non-party’s “relationship to the petition itself, including the nature and/or degree of involvement in the filing,” and “the nature of the entity filing the petition.” Id. at 7–8 (citing the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,759–60 (Aug. 14, 2012)). No one fact was dispositive here; it was the totality of the evidence that showed Cardiocom to be a real party-in-interest, i.e., “the party that desires review of the patent[s].” Id. at 7, 16; Opp. 7–9. We did not ignore any evidence submitted by Medtronic. We drew inferences from the facts supported by the evidence and disagreed with Medtronic’s assessment of that evidence.” slip op. at 5
Discretionary denialPatents in suitUS 7,769,605
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.