- Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Harbor Island Dynamic, LLCAll claims unpatentablePTAB · Mar 13, 2026 · IPR2024-01405 · APJ Arthur M Peslak · IPR · Final written decision
Claims 1–20 are unpatentable: claims 1–20 over Torii, claims 1–3, 9, 11–13, and 19 over Ide, and claims 1–7, 10–17, and 20 over Gambino with Conn, with Ding for claims 10 and 20.
RulingsFinal written decision- Expert testimonyPetitioner expert discountedDecided for patent owner
“of the substrate is based on Dr. Thompson’s testimony. In his first declaration, Dr. Thompson relies on Conn’s paragraphs 31 and 35 to support the annotated version of Figure 2 in the Petition. Ex. 1003 ¶¶ 83–84. As discussed above, paragraphs 31 and 35 do not disclose that the anchor vias 14 are located in the corner of the substrate. The second annotated Figure 2 shown in Petitioner’s Reply does not appear in either of Dr. Thompson’s declarations (See Ex. 1003, Ex. 1034). It appears to be mere attorney argument not evidence. Dr. Thompson testified in his deposition that the second annotated version is based on his interpretation of Conn. Ex. 2009, 45:2–46:9. Because Dr. Thompson’s testimony is not adequately supported by the disclosure of Conn, we find that his testimony on the point of whether Conn discloses anchor vias located in the corner of the substrate is entitled to little, if any, weight. 37 C.F.R. § 42.65(a) (“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.”). Therefore, because Petitioner has the burden of proof, we find that Petitioner has not shown that Conn discloses this limitation.” slip op. at 27
- ExcludeMotion to exclude, deniedDenied
“J. Petitioner’s Motion to Exclude Petitioner moves to exclude Exhibits 2007 and 2008. MTE, 1. Petitioner argues that the Exhibits are in violation of FRE 401, 402, 403, and 901. Id. We do not rely on either Exhibit 2007 or 2008 in this Decision. Consequently, we deny Petitioner’s MTE as moot.” slip op. at 72
- Skill levelSkill level petitioner adoptedDecided for petitioner
“We agree with Petitioner that the differences between the parties’ proposed levels of skill in the art are immaterial for the purposes of this Decision. We apply Petitioner’s proposed level of skill in the art because it appears consistent with the problems addressed in the ’826 patent and the prior art. Further, our determination in this case would not be affected if we were to adopt Patent Owner’s proposed level of skill in the art.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“Claim 1 uses the term “comprising” which is open-ended and normally does not exclude additional, unrecited elements. See Mars Inc. v. H.J. Heinz Co., 377 F.3d 1369, 1376 (Fed. Cir. 2004). This is in contrast to the phrase “consisting of.” See Multilayer Stretch Cling Film Holdings, Inc. v. Berry Plastics Corp., 831 F.3d 1350, 1358 (Fed. Cir. 2016) (there is an “exceptionally strong presumption that a claim term set off with ‘consisting of’ is closed to unrecited elements.”). The use of comprising in claim 1, thus, weighs against a construction limiting claim 1 to direct contact between the backside metal layer and the bottom surface of the semiconductor substrate. Additionally, we note that claim 1 does not recite that the backside metal layer is “directly on” or “formed on” the bottom surface or similar language that would suggest “direct contact” may be required. For these reasons, we determine that the language of claim 1 does not support Patent Owner’s proposed construction.” slip op. at 17
Patent outcomesUS 9,245,826 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,245,826 - Google LLC v. 138 East LCD Advancements LimitedAll claims unpatentablePTAB · Dec 18, 2025 · IPR2024-00958 · APJ Kevin C Trock · IPR · Final written decision
The Board cancelled original claims 1, 2, and 4–6, denied cancellation of claim 3 and substitute claims 7–12, and found substitute claims 7, 8, and 10–12 unpatentable on four obviousness grounds.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“proposed assessment of a person of ordinary skill in the art, as a person having a bachelor’s degree in electrical engineering, computer science, or related engineering disciplines, and two years of experience in multi-lens camera systems. Paper 6, 8–9. Patent Owner does not address the level of ordinary skill in its briefing. Petitioner’s description of a person of ordinary skill in the art is consistent with the subject matter of the ’638 patent. As Patent Owner does not raise an objection, or provide an alternative description, we continue to use the same assessment of a person of ordinary skill in the art that we used in the Institution Decision. C. Claim Construction” slip op. at 13
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningOther
“Only terms that are in controversy need to be construed, and then only to the extent necessary to resolve the controversy. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (in the context of an inter partes review, applying Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)). In the Institution Decision, we determined that no claim term required express construction at that stage of the proceeding. Paper 6, 10. In its briefing, Patent Owner does not address any claim construction issues. In its Opposition to the Revised Motion to Amend, Petitioner does not propose any express claim construction. To the extent that the determination of the meaning of any claim term is necessary, we use its ordinary and customary meaning in this Decision. D. Statutory and Regulatory Requirements” slip op. at 14
- ScopeMotion to amend granted in partGranted in part
“Section 316(d) does not permit a Patent Owner to cancel or propose substitutes for non-challenged claims. 35 U.S.C. § 316(d)(1). We therefore grant Patent Owner’s request to cancel original claims 1, 2, and 4–6 of the ’638 patent, but do not grant Patent Owner’s request to cancel claim 3, because claim 3 was not challenged by Petitioner.1 E. Proposed Substitute Claims 7–12” slip op. at 7
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“We disagree with Patent Owner. Patent Owner argues that Petitioner’s reliance on Yadav (Ex. 1009) is improper because Yadav “was not published until May 16, 2013, more than three years after the priority date of the ’638 patent.” However, under 35 U.S.C. § 102(e)(1), a published patent application, such as Yadav, is deemed to be prior art as of its filing date, not its publication date as Patent Owner asserts. See Lynk Labs, Inc. v. Samsung Elecs. Co., Ltd., 125 F. 4th 1120, 1126–27 (Fed. Cir. 2025) (“[U]nder § 102(e)(1), even if a patent application was published after a claimed invention, it may serve as prior art to the invention if the application was filed before the invention.”). Yadov was filed on September 14, 2009 (Ex. 1009, code (22)), before the ’638 patent’s earliest possible priority date of December 25, 2009 (Ex. 1001, code (30)), making it prior art.” slip op. at 29
Patent outcomesUS 8,482,638 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,482,638 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Chien-Min SungAll claims unpatentablePTAB · Sep 17, 2025 · IPR2024-00533 · APJ Frances L Ippolito · IPR · Final written decision
Claims 1–8 are unpatentable as obvious: claims 1, 3–8 over Chou and Sung ’479; claims 6–7 also over SungECS; and claim 2 over Goers.
RulingsFinal written decision- Skill levelSkill level patent owner adoptedDecided for patent owner
“We secondly conclude a POSITA would have had at least two years of experience designing and/or developing CMP technology per Patent Owner’s formulation, but we reject Patent Owner’s additional contention that this experience must include designing and/or developing pad dressers specifically. The ’270 patent claims are directed to the structure of a pad dresser, not to a method of making a pad dresser. See Ex. 1001, 17:35– 18:38. According to the ’270 patent specification, the claimed pad dresser structure is designed to condition a polishing pad so the pad may be used to attain “high performance levels in aspects such as uniformity of polished wafer, smoothness of the IC circuitry, removal rate for productivity, longevity of consumables for CMP economics, etc.” during a CMP process. Id. at 1:20–24 (Background of the Invention). Thus, the ’270 patent’s invention generally focuses on optimizing a pad dresser structure to achieve desired results in a CMP process, not necessarily on how to manufacture a pad dresser. As such, we reject Petitioner’s POSITA formulation requiring “experience in the field of integrated circuit processing and fabrication techniques” (Pet. 19) as too generic in the context of the ’270 patent’s claimed invention. We also conclude, in view of the ’270 patent disclosures discussed above, that Dr. Tsai’s opinion that ordinary skill requires experience with manufacturing pad dressers (see Ex. 2011 ¶ 28) is too conclusory and lacking in evidentiary support to be persuasive. See Best Med. v. Elekta, 46 F.4th at 1353 (“The patent’s purpose can also be informative.”).” slip op. at 9
- ExcludeMotion to exclude, deniedDenied
“The Federal Circuit has held: “To offer expert testimony from the perspective of a skilled artisan in a patent case — like for claim construction, validity, or infringement — a witness must at least have ordinary skill in the art.”9 Kyocera Senco Indus. Tools Inc. v. Int’l Trade Commission, 22 F.4th 1369, 1375–77 (Fed. Cir. 2022); see also Osseo Imaging, LLC v. Planmeca USA Inc., 116 F.4th 1335, 1340–41 (Fed. Cir. 2024) (holding that the proffered expert does not need to have acquired the 9 Petitioner cites the Practice Guide’s statements that there is “no requirement of a perfect match between the expert’s experience and the relevant field” and “[a] person may not need to be a person of ordinary skill in the art in order to testify as an expert under Rule 702, but rather must be ‘qualified in the pertinent art.’” Practice Guide 34 (citing SEB v. Montgomery Ward, 594 F.3d at 1373; Sundance v. DeMonte, 550 F.3d at 1363–64). To the extent there is any tension between the Practice Guide (issued in 2019) and the Kyocera holding (issued in 2022), we apply the latter here.” slip op. at 12
- Expert testimonyPetitioner expert creditedDecided for petitioner
“We determine Dr. Shanfield has sufficient education and experience to qualify as a person of ordinary skill in the art pertaining to the ’270 patent. Dr. Shanfield’s Ph.D. in physics satisfies the educational prerequisite of at least a bachelor’s degree in an engineering related field such as physics. See Ex. 1002 ¶ 2, App. A. Furthermore, his advanced degree (Ph.D. in physics) versus ordinary skill (a bachelor’s degree in an engineering related field) provides considerable leeway when turning to the experiential component for ordinary skill. Nonetheless, Dr. Shanfield also has at least two years of experience with designing and developing CMP technology per the experience prerequisite, as follows. Dr. Shanfield worked at Raytheon Corporation for over 10 years, during which he “worked directly with engineers in the selection, installation, and optimization of several chemo-mechanical polishing systems (CMP), including analysis of operational maintenance and performance monitoring,” and he “directly participated in establishing the required metrology (optical thickness monitoring) for maintaining polishing uniformity standards.” Ex. 1002 ¶ 3 (emphasis added). He later joined Draper Laboratory in 2003, where he currently is the Division Leader of Advanced Hardware Development. See id. ¶ 5. During Dr. Shanfield’s time at Draper, the laboratory “acquired several semiconductor-grade CMP systems for the purpose of fabricating multi-chip modules and for planarization operations in MEMS devices,” and he was “involved in their operation and optimization.” Id. (emphasis added). When asked during a deposition whether he is “an expert in CMP equipment design,” Dr. Shanfield stated he is “very familiar with the design of CMP equipment” because he has “seen many systems” and “installed or supervised the installation of systems.” Ex. 2003, 17:22–19:3. He testified he has “designed apparatus that worked with CMP equipment” although he has not “designed the CMP equipment itself.” Id. at 18:13–19. As an example of being “involved in the manufacture of CMP pad dressers” specifically, Dr. Shanfield stated that during his time at Raytheon, he worked with other professionals “to use the CMP system to process MEMS, M-E-M-S, devices” which “needed a certain kind of planarization process [that] required constant conditioning,” so the team “had to try to fabricate something that would provide conditioning that would last longer.” Id. at 19:4–20:9. Thus, we conclude Dr. Shanfield qualifies as a POSITA pertaining to” slip op. at 13
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“apply the same claim construction standard “used in the federal courts, in other words, the claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. [§] 282(b),” which is articulated in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). 83 Fed. Reg. 51,340, 51,358 (Oct. 11, 2018) (amending 37 C.F.R. § 42.100(b) effective November 13, 2018) (now codified at 37 C.F.R. § 42.100(b) (2019)). Under the Phillips standard, the “words of a claim are generally given their ordinary and customary meaning,” which is “the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention, i.e., as of the effective filing date of the patent application.” Phillips, 415 F.3d at 1312–13. Petitioner proposes constructions for terms: “superabrasive,” “protrusion,” “sharp portion,” and “attitude.” Pet. 20–21. Patent Owner does not propose constructions for any claim term. See generally, PO Resp. We discern constructions of these claim phrases or others are not required for the purposes of this Decision. Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms that . . . are in controversy, and 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 15
Patent outcomesUS 8,974,270 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,974,270 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Chien-Min SungSome claims unpatentablePTAB · Sep 17, 2025 · IPR2024-00535 · APJ George R Hoskins · IPR · Final written decision
Claims 1–9 and 12–21 are unpatentable over the asserted grounds; claims 10 and 11 were not shown unpatentable because Tsai and Sung ’026 did not establish the required number of working particles.
RulingsFinal written decision- Skill levelOther
“Level of Ordinary Skill in the Art and Patent Owner’s Motion to Exclude Dr. Shanfield’s Testimony ..................................................... 9 1. Person of Ordinary Skill in the Art Pertaining to the ’802 Patent .................................................................................... 9 2. Patent Owner’s Motion to Exclude Dr. Shanfield’s” slip op. at 2
- ExcludeMotion to exclude, deniedDenied
“Level of Ordinary Skill in the Art and Patent Owner’s Motion to Exclude Dr. Shanfield’s Testimony ..................................................... 9” slip op. at 2
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“16–18 being obvious over Tsai and Sung ’026 as our own in this Decision. See Pet. 56–62, 70–75. We accordingly conclude a preponderance of the evidence presented here establishes the unpatentability of these claims. Patent Owner has waived any opposition other than his filing date priority arguments discussed above. See Inst. Dec. 78; Paper 15, 10.” slip op. at 106
- Expert testimonyPatent owner expert creditedPetitioner expert discountedDecided for patent owner
“concluded: “It is not clear to us, and Dr. Shanfield does not explain persuasively, how Tsai’s disclosure that its ODD has more cutters (i.e., working particles per claim 9) than the conventional BDD leads to his conclusion that all of the diamond particles in the ODD are cutters.” Inst. Dec. 76 (emphasis added). Patent Owner urges us to maintain that conclusion, for various reasons, including testimony from Dr. Tsai. See PO Resp. 49–52; Ex. 2011 ¶¶ 43–47. Patent Owner also reiterates his opposition to Dr. Shanfield’s “extrapolation” from Tsai’s Figures to reach a conclusion as to the total number of diamond grits in the Tsai ODD, including the “working” particles of claims 8, 9, and 12. See id. at 50–51 (citing Ex. 1002 ¶¶ 186–189).” slip op. at 108
Patent outcomesUS 9,724,802 mixed§ 103 obviousnesscites KSR · GrahamPatents in suitUS 9,724,802 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Chien-Min SungAll claims unpatentablePTAB · Sep 17, 2025 · IPR2024-00534 · APJ Barry L Grossman · IPR · Final written decision
Claims 1–20 are unpatentable: claims 1–6, 9–12, and 20 are anticipated by or obvious over Sung ’026; claims 5–10 and 13–19 are obvious over the listed combinations.
RulingsFinal written decision- Skill levelSkill level board ownDecided for patent owner
“We secondly conclude a POSITA would have had at least two years of experience designing and/or developing CMP technology per Patent Owner’s formulation, but we reject Patent Owner’s additional contention that this experience must include designing and/or developing pad dressers” slip op. at 21
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“In his deposition testimony, Dr. Tsai testifies that the Sung ’026 patent application publication “intends to make a diamond disk that has all the protrusion[s] with identical heights and with the same orientation.” Ex. 1049, 50:2–4. Dr. Tsai also testified that “[i]n addition, [Sung ’026] also intends to control the depths of penetrating into the pad. For example, if I want to penetrate 10 micron into the pad, then the protrusion height should be at least 10 micron.” Id. at 50:10–13. So, contrary to Dr. Tsai’s Declaration testimony in Ex. 2011 ¶ 69, Dr. Tsai clarifies in his deposition testimony that Sung ’026 intends to combine three distinct aspects or embodiments. He testifies that “first one is that you need to have the same orientation, same shape so you can have the consistency; and No. 2, you would like to have the same height; and No. 3, you would like to control the penetration depths.” Ex. 1049, 51:2–6. Dr. Tsai was then asked “[s]o Sung ’026 is trying to combine all three of those together, correct?” Id. at 51:9– 10. His answer was “[t]hat’s correct, because if you can have a very good control of those, then -- and that time period back then, then you can make a very perfect diamond disk.” Id. at 51:11–13. Based on the evidence as discussed above, we determine that Sung ’026 discloses the elements and limitations in clause 1[C]. In particular, we credit Dr. Shanfield’s testimony (as summarized above) over Dr. Tsai’s declaration testimony, because Dr. Tsai’s deposition testimony essentially agreed with Dr. Shanfield that Sung ’026 discloses all the aspects recited in claim 1 together in a single embodiment.” slip op. at 48
- ExcludeMotion to exclude, deniedDenied
“Moreover, our general approach for considering challenges to the admissibility of evidence was outlined in Corning Inc. v. DSM IP Assets B.V., IPR2013-00053, Paper 66 at 19 (PTAB May 1, 2014). As stated in Corning, similar to a district court in a bench trial, the Board, sitting as a non-jury tribunal with administrative expertise, is well-positioned to determine and assign appropriate weight to evidence presented. Id. (citing Donnelly Garment Co. v. NLRB, 123 F.2d 215, 224 (8th Cir. 1941) (stating, in the context of reviewing an administrative determination of the National Labor Relations Board based on findings by a Trial Examiner, “We think that experience has demonstrated that in a trial or hearing where no jury is present, more time is ordinarily lost in listening to arguments as to the admissibility of evidence and in considering offers of proof than would be consumed in taking the evidence proffered . . . One who is capable of ruling accurately upon the admissibility of evidence is equally capable of sifting it accurately after it has been received . . . .”)). Moreover, “there is a strong public policy for making all information filed in an administrative proceeding available to the public.” Liberty Mut. Ins. Co. v. Progressive Cas. Ins. Co., CBM2012-00010, Paper 59 at 40 (PTAB February 24, 2014). Rather than excluding evidence that is allegedly hearsay, confusing, misleading, untimely, and/or irrelevant, we will simply not rely on it or give it little or no probative weight, as appropriate, in our analysis. “In an inter partes review, we regard it as the better course to have a complete record of the evidence to facilitate public access, as well as appellate review.” Sony Computer Entm’t Am. LLC v. Game Controller Tech. LLC, IPR2013-00634, Paper 32 at 31 (PTAB Apr. 14, 2015); see also Gnosis S.p.A. v. S. Alabama Med. Sci. Found., IPR2013-00118, Paper 64 at 43 (PTAB June 20, 2014) (citing Donnelly, 123 F.2d at 224 (“If the record on review contains not only all evidence which was clearly admissible, but also all evidence of doubtful admissibility, the court which is called upon to review the case can usually make an end of it, whereas if evidence was excluded which that court regards as having been admissible, a new trial or rehearing cannot be avoided.”)).” slip op. at 32
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“According to Patent Owner, Petitioner’s argument is that “several distinct portions of Sung ’026 purportedly, when viewed together, disclose an embodiment that satisfies the recitation of Claim Limitation [1C].” Id. at 20. Patent Owner asserts, however, that “these individual embodiments of Sung ’026—which it describes in separate portions of the reference as discrete ‘aspects’ of the invention of Sung ’026—cannot not be used collectively to satisfy the anticipation standard.” Id. (citing Net MoneyIN, 545 F.3d at 1371). Simply put, it is Patent Owner’s position that because Sung ’026 fails to disclose these various aspects in a single embodiment as Claim Limitation [1C] recites, Sung ’026 cannot anticipate claim 1. It is Petitioner’s position that Dr. Tsai’s deposition testimony supports Petitioner’s assertions that Sung ’026 anticipates independent claim 1 because the various alleged “individual embodiments” are part of a unified whole that overcome the circumstances discussed in Net MoneyIN. In his deposition testimony, Dr. Tsai testifies that the Sung ’026 patent application publication “intends to make a diamond disk that has all the protrusion[s] with identical heights and with the same orientation.” Ex. 1049, 50:2–4. Dr. Tsai also testified that “[i]n addition, [Sung ’026] also intends to control the depths of penetrating into the pad. For example, if I want to penetrate 10 micron into the pad, then the protrusion height should be at least 10 micron.” Id. at 50:10–13. So, contrary to Dr. Tsai’s Declaration testimony in Ex. 2011 ¶ 69, Dr. Tsai clarifies in his deposition testimony that Sung ’026 intends to combine three distinct aspects or embodiments. He testifies that “first one is that you need to have the same orientation, same shape so you can have the consistency; and No. 2, you would like to have the same height; and No. 3, you would like to control the penetration depths.” Ex. 1049, 51:2–6. Dr. Tsai was then asked “[s]o Sung ’026 is trying to combine all three of those together, correct?” Id. at 51:9– 10. His answer was “[t]hat’s correct, because if you can have a very good control of those, then -- and that time period back then, then you can make a very perfect diamond disk.” Id. at 51:11–13. Based on the evidence as discussed above, we determine that Sung ’026 discloses the elements and limitations in clause 1[C]. In particular, we credit Dr. Shanfield’s testimony (as summarized above) over Dr. Tsai’s declaration testimony, because Dr. Tsai’s deposition testimony essentially agreed with Dr. Shanfield that Sung ’026 discloses all the aspects recited in claim 1 together in a single embodiment.” slip op. at 48
Patent outcomesUS 9,138,862 unpatentable§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 9,138,862 - Under Armour, Inc. v. Athalonz, LLCAll claims unpatentablePTAB · Sep 11, 2025 · IPR2024-00636 · APJ Matthew S Meyers · IPR · Final written decision
Claims 1–8 are unpatentable as obvious over Kim; the Board did not reach the four other instituted grounds.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Based on the full record, we determine that Petitioner’s proposed level of skill is reasonable and consistent with the ’786 patent and the asserted prior art. Thus, for these reasons, we adopt Petitioner’s level of skill in the art for purposes of this Decision.” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“Based on the full record, we maintain that it is unnecessary to explicitly construe “athletic positioning” because its meaning is already captured in the claim through the recitation of the relationship between the various slopes of the sole that provide “athletic positioning” of the foot. See Ex. 1001, 44:2–14. The recitations of a “first slope,” “second slope,” “third slope,” and “reference slope” translate into the relative heights proposed in adopt Patent Owner’s proposed construction because it incorporates the specification’s consistent descriptions of “athletic positioning” in terms of relative heights and slopes. For example, one embodiment of an “athletic positioning shape” is where “the heel platform may be 10 to 30 mm higher” than “the toe cup and/or the ball of foot cup.” [Ex. 1001], 13:38–45. Another embodiment discloses “an athletic positioning sole that includes an overall geometric shape” including “the heel of the sole [at] a particular height (e.g., h1, which may be 1’s to 10’s of mm) that slopes at an angle (e.g., Ø1) to the toe on the inside edge of the sole” which “may have a height of zero to a few millimeters.” Id., 17:54–62. PO Resp. 29. However, we find Patent Owner’s contention regarding particular heights and specific angles attempts to import limitations from the Specification into claims. Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875 (Fed. Cir. 2004) (“Though understanding the claim language may be aided by the explanations contained in the written description, it is important not to import into a claim limitations that are not a part of the claim.”). Based on the full record, we determine that express claim construction of “athletic positioning” is not necessary to resolve the present dispute. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and 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 9
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“8. Conclusion for Ground 1 We have considered all of the arguments and evidence adduced at trial. For the reasons explained, we find Petitioner has persuasively demonstrated that Kim teaches or suggests all limitations of claims 1–8. We also find that the value of Patent Owner’s objective evidence of non-obviousness is weak in comparison to the evidence regarding the prior art under the first three Graham factors. Accordingly, we find Petitioner has shown by a preponderance of the evidence that claims 1–8 of the ’786 patent would have been obvious over Kim.” slip op. at 39
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“Based on the full record, we determine that Patent Owner fails to show nexus between the claimed invention and the asserted objective indicia of nonobviousness. PO Resp. 70–78; PO Sur-reply 25–28. Other than asserting that “the requisite nexus exists here” (PO Resp. 71), and citing to the Declaration testimony of Mr. Markison (id. (citing Ex. 2008 ¶ 322)), the Patent Owner response does not provide an analysis of Patent Owner’s product with respect to the claims of the ’768 patent, and thus does not demonstrate nexus. To the extent Patent Owner references Mr. Markison’s testimony, Mr. Markison’s testimony consists solely of the statement that Patent Owner “sells and markets golf and baseball shoes that embody the claims of the ’786 patent” with reference to an exhibit from district court litigation. See Ex. 2008 ¶ 322 (citing Ex. 2014). We find Patent Owner’s reliance on Mr. Markison’s testimony to be insufficient to establish a rebuttable presumption of nexus. Thus, Patent Owner is not entitled to a rebuttable presumption of nexus, because Patent Owner has not shown that the asserted evidence is tied to a specific product that is the disclosed and claimed invention. Fox Factory, Inc. v. SRAM, LLC, 944 F.3d 1366, 1373 (Fed. Cir. 2019). Patent Owner also does not provide any evidence that the asserted” slip op. at 33
Patent outcomesUS 10,674,786 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,674,786 - Skechers U.S.A., Inc. v. Nike, Inc.InstitutedPTAB · Jun 12, 2025 · IPR2025-00142 · APJ Carl M Defranco · IPR · Institution
The Board instituted review of claims 1, 5–9, and 11–17 because Skechers showed a reasonable likelihood that claims 1 and 11 were obvious over Dua, Hong, and/or Choi.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticDenied
“Here, it is undisputed that Skechers was neither a party to the earlier lululemon IPR nor had ever before challenged the claims of the ’484 patent. Instead, in an attempt to demonstrate a significant relationship between Skechers and lululemon that might justify application of the General Plastic framework, Nike’s sole argument is that “Skechers created a relationship with lululemon by openly admitting that it used lululemon’s petition as a roadmap” and that “[t]his admitted roadmapping creates an implicit relationship between Skechers and lululemon.” PO Sur-Reply 2. We reject the notion that “roadmapping” alone creates a significant relationship. As noted in Videndum, a second petitioner’s reliance on a first petitioner’s earlier-filed petition, “even ‘as a menu or road map,’ is not sufficient to create a significant relationship that favors denial under the first General Plastic factor.” Videndum, at *2 (emphasis added); see also Ford, at *2 (rejecting patent owner’s argument that Ford’s use of prior Volkswagen and Dell IPRs “as a roadmap for its Petition” was sufficient to create “an ‘implicit’ relationship”). In other words, absent some evidence of a non-mandated7 collaboration between Skechers and lululemon (such as proof of a licensing or other technology-sharing agreement regarding the accused product), Skechers’ use of arguments and evidence similar to those in the earlier lululemon IPR does not create a significant relationship. Nor does it appear that Nike could reasonably establish such a relationship given that Skechers is a direct competitor of lululemon, was sued on an entirely different product than lululemon, and was not sued until after lululemon had already sought inter partes review of the challenged patent. See Pet. Reply 1–2 (citing Exs. 1065, 1066).” slip op. at 6
- Other 314aInstitution denied discretionary otherDenied
“In particular, the Board has already performed a detailed analysis of the ’484 patent, including construing the claim terms and applying two of the prior art references—Dua and Hong—that form the primary ground here. As such, the Board is much further along in understanding the challenged claims and the parties’ dispute over their validity than the district court in the parallel litigation. And even if the Final Decision in the lululemon IPR is reversed or remanded on appeal, the Board’s considerable experience with the relevant issues remains. Thus, the fact that the Board has already expended considerable time and resources in deciding the validity of the challenged claims, whereas the district court has not, weighs heavily in favor of institution.10 Indeed, in staying the parallel litigation, the district court expressly recognized the lack of any significant investment by the parties or the court— - “[D]iscovery is still in the early stages.” - “The parties . . . have not yet taken any depositions, any third party discovery, or any expert discovery. . . . Accordingly, this case remains in its early stages.” - “Despite [the parties’] significant work [on claim construction], . . . there is more work ahead of the parties and the Court than behind.”” slip op. at 9
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Skechers proposes that one skilled in the art would have had “at least a few years of experience in knit materials and knitting methods and machines that can be used in making footwear, or a bachelor’s degree in textile-related sciences, engineering, or industrial product design, or equivalent academic or work experience, including in the footwear industry” or “at least a general understanding of general construction processes and materials used in the manufacturing process of fabric-based articles.” Pet. 10 (citing Ex. 1002 ¶ 68). Nike agrees. See Prelim. Resp. 11 (“For purposes of this Preliminary Response, Nike applies Skechers’ definition of a person of ordinary skill in the art (‘POSITA’).” Accordingly, we adopt the level of ordinary skill in the art as proposed by Skechers.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner
“Skechers notes that “[d]uring the parallel litigation, the parties agreed that the term ‘central portion having a domed, three-dimensional structure’ means ‘central portion having a domed, three-dimensional structure formed during the flat-knitting process, and not afterward’” and that “in the lululemon IPR . . . the Board adopted [this] as its construction.” Pet. 11 (citing Ex. 1005, 2; Ex. 1021, 6) (emphasis added). Nike agrees with that construction. See Prelim. Resp. 11–12 (quoting Pet. 11). Thus, consistent with the parties’ agreement and the Board’s construction in the lululemon IPR, we construe the claimed “central portion having a domed, three-dimensional structure” as meaning it is formed during the knitting process, and not afterward.” slip op. at 11
Claim constructionDiscretionary denialPatents in suitUS 9,730,484 - PTAB · Jun 11, 2025 · IPR2025-00139 · APJ Sean P O’Hanlon · IPR · Institution
The Board instituted IPR of claims 1–10 on all asserted grounds, finding a reasonable likelihood that Petitioner would prevail on at least one claim.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied
“d. Overlap of Issues “[I]f the petition includes the same or substantially the same claims, grounds, arguments, and evidence as presented in the parallel proceeding, this fact has favored denial.” Fintiv, Paper 11 at 12. “Conversely, if the petition includes materially different grounds, arguments, and/or evidence than those presented in the district court, this fact has tended to weigh against exercising discretion to deny institution under NHK.” Id. at 12–13. Concerns about the degree of overlap may be mitigated where a petitioner agrees not to pursue in the parallel district court litigation the grounds advanced in the petition. Sand Revolution II, LLC v. Cont’l Intermodal Grp.–Trucking LLC, IPR2019-01393, Paper 24 at 11–12 (PTAB June 16, 2020) (informative). The Board suggested that a broader stipulation such as one stipulating that the petitioner “would not pursue any ground raised or that could have been reasonably raised in an IPR, i.e., any ground that could be raised under §§ 102 or 103 on the basis of prior art patents or printed publications” would better address concerns relating to overlapping issues. Id. at 12 n.5. Here, Petitioner’s stipulation is broader—Petitioner stipulates that, if the Board institutes IPR in this proceeding on the grounds presented in the Petition, Petitioners will not pursue an invalidity defense in the [Texas Litigation] that the patent claims subject to the instituted IPR are invalid based on the grounds that were raised or any grounds Petitioner[] reasonably could have raised in the IPR. Prelim. Reply 3. Petitioner’s stipulation is similar to that provided in Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12, 18–19 (PTAB Dec. 1, 2020) (precedential in relevant part), which was found to obviate much, if not all, of any potential overlap between the issues in the proceeding and the district court proceeding. See Prelim. Sur-reply 3 (acknowledging that “Petitioner[] offered a Sotera stipulation.”) Accordingly, the facts underlying this factor weigh strongly against exercising our discretion to deny institution.” slip op. at 13
- Other 314aDenied
“Patent Owner argues that the Petition improperly presents voluminous and excessive grounds challenging the claims of the ’878 patent. Prelim. Resp. 10–14. Patent Owner argues that the twenty distinct grounds set forth in the Petition alone is reason to deny institution. Id. at 11. Patent Owner argues that Petitioner’s showing regarding the VFD, switchgear, and enclosure recitations of claim 1 require us to “pick-and-choose” which “prior art evidence” is being applied. Id. at 14. We are not persuaded that the Petition sets forth such voluminous or excessive grounds asserting unpatentability that we should deny institution. Although Petitioner does set forth twenty grounds, sixteen of the grounds are directed to a single dependent claim. See Pet. 16–17. And of the four grounds challenging independent claim 1, Petitioner relies primarily on the combined teachings of Morris and Oehring IV to disclose or teach most of the claim recitations, relying on Premset Catalog and Premset Brochure to teach front-aligned, shielded cable connections and on Payne to provide an alternate teaching of using a common support structure. See Pet. 48–51, 70–74. The instant Petition is quite unlike those in the decisions cited by Patent Owner, which dealt with petitions asserting challenges containing multiple instances of “and/or” that resulted in hundreds of challenges or asserting multiple challenges grouped together in an indiscernible claim chart. See Prelim. Resp. 10 (citing Adaptics Ltd. v. Perfect Co., IPR2018-01596, Paper 20 (PTAB Mar. 6, 2019) (informative); Uber Techs., Inc. v. Surgetech LLC, IPR2023-00738, Paper 8 (PTAB Oct. 23, 2023); EnergySouce Mins., LLC v. TerraLithium LLC, IPR2019-01607, Paper 10 (PTAB May 4, 2020)). And although we agree that the Petition is not the epitome of clarity, we are able to interpret Petitioner’s arguments as set forth below. Accordingly, we determine that the circumstances presented weigh against exercising discretion under 35 U.S.C. § 314(a) to deny institution of inter partes review based on the number of challenges presented in the Petition.” slip op. at 15
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“the information presented in the petition . . . and any response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). A decision to institute may not institute on fewer than all claims challenged in the petition. SAS Inst. Inc. v. Iancu, 138 S. Ct. 1348, 1354, 1359–60 (2018). If the Board institutes a trial, the Board will institute on all challenges raised in the petition. See 37 C.F.R. § 42.108(a) (“When instituting . . . review, the Board will authorize the review to proceed on all of the challenged claims and on all grounds of unpatentability asserted for each claim.”). For the reasons set forth below, upon considering the parties’ briefs and evidence of record, we conclude that the information presented shows that there is a reasonable likelihood that Petitioner would prevail in establishing the unpatentability of at least one of the challenged claims. Thus, we institute inter partes review of all challenged claims based on all asserted grounds. slip op. at 2
- Skill levelSkill level board ownDecided for petitioner
“Petitioner contends that a person having ordinary skill in the art at the effective filing date would have had either “a Bachelor of Science in Mechanical Engineering, Electrical Engineering, Petroleum Engineering or an equivalent field, as well as at least 2 years academic or industry 2 At this stage of the proceeding, the parties have not directed us to any such objective evidence. experience in the oil and gas industry, including well drilling, completion, or production” or “at least four years industry experience in the oil and gas industry including well drilling, completion, or production.” Pet. 17 (citing Ex. 1003 §§ V.A, VII). “Patent Owner applies the same skill level proposed by Petitioner.” Prelim. Resp. 9. We find Petitioner’s uncontested definition to be consistent with the problems and solutions disclosed in the ’878 patent and prior art of record, and adopt it as our own for purposes of this Decision. See, e.g., In re GPAC Inc., 57 F.3d at 1579 (approving the determination of the level of ordinary skill in the art by appeal to the references of record).” slip op. at 17
Claim construction§ 103 obviousnessDiscretionary denialcites KSR · GrahamPatents in suitUS 11,208,878 - PTAB · Mar 20, 2025 · IPR2024-01407 · APJ Hyun J Jung · IPR · Institution
The Board instituted IPR of claim 26 on the Shell and Cole §103 ground, finding a reasonable likelihood that the combination renders the claim obvious.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied
“Based on a holistic analysis of the Fintiv factors taking into consideration “whether efficiency and integrity of the system are best served by denying or instituting review” (Fintiv, Paper 11 at 6), we decline to exercise our discretion under 35 U.S.C. § 314(a) to deny institution of inter partes review.” slip op. at 10
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Considering these disclosures together with the cited paragraphs of Petitioner’s declaration, Petitioner sufficiently shows on the present record that one of ordinary skill in the art would have understood that, in Shell, when a user attempts a voice call, the user can cause a current data connection to disconnect, because (1) a voice-related connection request will be made, (2) the request for voice connection will be prioritized over data requests, and (3) the request will also be prioritized if it is coming from an active application rather than an application running in the background. Pet. 47; Ex. 1003 ¶ 140; Ex. 1005 ¶¶ 8, 13, 14, 57. On the preliminary record, the relied-upon portions of Shell adequately show a determination of whether an application is an active application for prioritization purposes and disconnecting a current data connection due to a user attempting to make a voice call. Ex. 1005 ¶¶ 8, 13, 14, 57. The attempt to make a voice call would be a user interaction resulting in a request for a voice connection that would be prioritized over the data request of another application using the current data connection. See Ex. 1005 ¶¶ 8, 13, 14, 57. The attempt to make a voice call also involves a user interacting with an application to make it an active background. See Ex. 1003 ¶ 140. Petitioner, thus, sufficiently shows for institution that Shell’s processor is “configured to determine that the different application is an active application based on a user interaction with the different application,” as required by claim 26. Pet. 47; Ex. 1003 ¶ 140.” slip op. at 26
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundInstituted
“One of ordinary skill in the art, Petitioner argues, would have, thus, been motivated to look to references, such as Cole, that provided mobile devices with network access while addressing cost, power, and network selection. Pet. 13–14 (citing Ex. 1003 ¶ 68; Ex. 1006, code (57), ¶¶ 14–15, 78, 83, 88, 98). Petitioner also argues that Cole describes Internet access control techniques based on conditions, such as power state change and load on current communication links, and that applying Cole to Shell would have “promoted more efficient communications and network access connectivity.” Id. at 14 (citing Ex. 1003 ¶ 68; Ex. 1006 ¶¶ 83, 98). Using Cole’s techniques, the proposed combination, Petitioner explains, would have evaluated network and power conditions, determined whether to apply an Internet access control, evaluated further conditions, such as whether the application is running in the foreground or background, and then determined the priority of packets traveling over the selected network. Pet. 14 (citing Ex. 1003 ¶ 68; Ex. 1005 ¶ 92; Ex. 1006 ¶¶ 11, 78, 83, 88, 98). Petitioner also argues that one of ordinary skill in the art would have incorporated Cole’s communication manager 260 into Shell’s connection manager modules 210 and would have incorporated Cole’s connections.” Id. at 14–15 (citing Ex. 1003 ¶ 70; Ex. 1005 ¶ 32, Fig. 1; Ex. 1006 ¶ 31). Petitioner further argues that the proposed combination would have included the processors, non-transitory memory, and display, as taught by both references, to perform the recited operations. Id. at 15 (citing Ex. 1003 ¶¶ 71–72; Ex. 1005 ¶¶ 38–44, Fig. 1; Ex. 1006 ¶¶ 34, 40, Fig. 2). Petitioner additionally argues that one of ordinary skill in the art would have had a reasonable expectation of success in making the proposed combination because it “would have required only routine programming knowledge well within [ordinary] skill,” “would have amounted to nothing more than the use of a known technique to improve similar devices . . . in a similar way,” and would have been “combining prior art elements according to known methods to yield predictable results.” Pet. 15–16 (citing Ex. 1003 ¶¶ 73, 74; Ex. 1005 ¶¶ 36, 40; Ex. 1006 ¶¶ 34, 35, Fig. 2).” slip op. at 21
- Skill levelSkill level petitioner adoptedOther
“Petitioner’s declarant opines that a person of ordinary skill in the art “would have had (1) at least a bachelor’s degree in computer science, computer engineering, electrical engineering, or a related field, and (2) at least two years of industry experience in services and application implementation in communication networks.” Ex. 1003 ¶ 15. The declarant also opines that “[a]dditional graduate education could substitute for professional experience, and vice versa.” Id. “For purposes of [its] Preliminary Response, Patent Owner does not challenge that definition.” Prelim. Resp. 5 (citing Pet. 13 n.2; Ex. 1003 ¶ 15); see also Ex. 2010 ¶ 27 (stating “[f]or purposes of . . . my analysis, I do not disagree with this proposed level of skill in the art”). Based on the” slip op. at 11
Claim construction§ 103 obviousnessDiscretionary denialcites Phillips · KSRPatents in suitUS 9,179,359 - TCL Electronics Holdings Ltd. / TCL Industries Holdings Co., Ltd. v. University Of Rochester (Intellectual Ventures I, LLC)Institution deniedPTAB · Feb 13, 2025 · IPR2024-01245 · APJ Thu A Dang · IPR · Institution
The Board denied institution on claims 1, 3, 4, 5, 8, 10, and 12 under § 314(a), finding the Fintiv factors favored denial and the petition did not show compelling merits.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivDenied
“1. whether the court granted a stay or evidence exists that one may be granted if a proceeding is instituted; 2. proximity of the court’s trial date to the Board’s projected statutory deadline for a final written decision; 3. investment in the parallel proceeding by the court and the parties; 4. overlap between issues raised in the petition and in the parallel proceeding; 5. whether the petitioner and the defendant in the parallel proceeding are the same party; and 6. other circumstances that impact the Board’s exercise of discretion, including the merits. See Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 at 6 (PTAB Mar. 20, 2020) (precedential) (“Fintiv factors”). “These factors relate to whether efficiency, fairness, and the merits support the exercise of authority to deny institution in view of an earlier trial date in the parallel proceeding.” Id. In evaluating the Fintiv factors, we take “a holistic view of whether efficiency and integrity of the system are best served by denying or instituting review,” recognizing that “there is some overlap among these factors” and that “[s]ome facts may be relevant to more than one factor.” Id.” slip op. at 9
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“whether to institute an inter partes review. Applying the standard set forth in 35 U.S.C. § 314(a), we may not institute an inter partes review (also “IPR”) unless the information presented in the petition “shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” However, institution of inter partes review is discretionary. See Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1367 (Fed. Cir. 2016) (“[T]he PTO is permitted, but never compelled, to institute an IPR proceeding.”). For the reasons stated below, we exercise our discretion not to institute an inter partes review.” slip op. at 2
- Obviousness (§103) › Motivation to combine / reasonable expectation of successNot reached
“Thus, although Petitioner contends that Njølstad implements a dynamically changeable frequency for each domain wherein a local “rate requirement can dynamically be configured” such that “the locally generated clock rate is just high enough to perform the actual processing task” at that rate (Pet. 31 (citing Ex. 1009 § IV.D)), such teaching merely supports Petitioner’s contention that the frequency is dynamically changeable at the local level (id.). However, as Patent Owner points out, such showing is not a compelling disclosure of the frequency generation being independent of the frequencies of the other domains, as required by the challenged claims. Prelim. Resp. 28–34. For the foregoing reasons, we conclude that Petitioner has not presented compelling merits that Njølstad teaches “the frequency being dynamically changeable independently of the frequencies of the clock signals generated for others of the plurality of domains” as recited in claim 1 and similarly recited in claim 8.” slip op. at 25
- Novelty / Anticipation (§102) › Priority / effective filing date / continuation supportNot reached
“However, Patent Owner argues that Iyer published after the invention to the ’443 patent was actually reduced to practice. Prelim. Resp. 27–28. In particular, Patent Owner provides evidentiary testimonies of Dr. Kaeli (Ex. 2001) and Mr. Albonesi (Ex. 2003) to support its contends the ’443 patent incorporates by reference a paper authored by the inventors and published in February 2002 (Ex. 2005), which demonstrates conception by providing a full written description of the claimed invention. Prelim. Resp. 6–16. According to Patent Owner, a simulation described in the paper embodied the invention in a tangible form, wherein the simulation described in the paper showed that the invention worked for its intended purpose. Id. at 16–19 (citing Exs. 2001, 2003, 2005). Similarly, Patent Owner contends that the application from which Soerensen issued was filed on August 29, 2002, which is after the invention date of the ’443 patent. Prelim. Resp. 35. According to Patent Owner, while Soerensen claims priority to the Soerensen Provisional Application (Ex. 1022), the passages from Soerensen relied on in the Petition are not entitled to the benefit of the filing date of the Soerensen Provisional Application because the subject matter was not disclosed in the manner provided by 35 U.S.C. § 112. Id. We recognize potential merits to Patent Owner’s position. That is, we do not find compelling Petitioner’s contention that the challenged claims would have been obvious Iyer or Soerensen.” slip op. at 31
Claim construction§ 102 anticipation§ 103 obviousnessDiscretionary denialcites KSR · GrahamPatents in suitUS 7,089,443
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.