• DISH Network L.L.C. v. Dragon Intellectual Property, LLCRehearing denied
  PTAB · Oct 20, 2015 · IPR2015-00499 · APJ Stacey G White · IPR · Rehearing

  The Board denied rehearing, leaving institution in place only for claims 1–4, 7–10, and 13–14 on Goldwasser-based grounds; Truog-based grounds and Ground 10 remain denied.

  RulingsRehearing decision

  • RehearingRehearing, deniedDenied

    “Inc. v. Celanese Polymer Specialties Co., 840 F.2d 1565, 1567 (Fed. Cir. 1988). “The burden of showing that a decision should be modified lies with the party challenging the decision.” Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). In its request for rehearing, the dissatisfied party must (1) “specifically identify all matters the party believes the Board misapprehended or overlooked” and (2) identify the place “where each matter was previously addressed.” 37 C.F.R. § 42.71(d); Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,768. We address Petitioner’s arguments with these principles in mind.” slip op. at 4

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

    “personal knowledge as to when and how the Truog thesis was made available to the public, and his testimony also is insufficient evidence of the library’s specific practices as to indexing and cataloging papers in the relevant time period between Truog’s purported publication in 1989 and the ’444 patent’s 1992 priority date.” Dec. 11. For reasons discussed below, we are not persuaded of error in this determination. Mr. Bender’s testimony does not provide sufficient evidence of either general library practice or the specific facts surrounding the purported publication of Mr. Truog’s thesis.” slip op. at 5

  • Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication not establishedNot shown unpatentable

    “personal knowledge as to when and how the Truog thesis was made available to the public, and his testimony also is insufficient evidence of the library’s specific practices as to indexing and cataloging papers in the relevant time period between Truog’s purported publication in 1989 and the ’444 patent’s 1992 priority date.” Dec. 11. For reasons discussed below, we are not persuaded of error in this determination. Mr. Bender’s testimony does not provide sufficient evidence of either general library practice or the specific facts surrounding the purported publication of Mr. Truog’s thesis.” slip op. at 5

  • Other 314aInstitution denied

    “10 over the teachings of Goldwasser, Yifrach, and Ulmer (“Ground 10”). Req. Reh’g 12. We exercised our discretion and declined to institute on this ground. Dec. 19. Petitioner does not direct us to anything that was” slip op. at 8

  § 102 anticipationDiscretionary denial
  Patents in suitUS 5,930,444

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.