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  • PTAB · Oct 5, 2026 · IPR2025-00598 · APJ David C Mckone · IPR · Final written decision

    Claims 1–31 were not shown unpatentable under either § 103 ground because the asserted combinations did not teach required claim limitations.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedOther

      “admissions by Patent Owner in litigation, contends that a person of ordinary skill in the art would have had “a Master of Science (M.S.) degree in electrical engineering or computer science, and five years of work experience in a related field” and that “[a]dditional educational experience could substitute for some of the work experience.” Pet. 5 (citing Ex. 1002 ¶¶ 36–37). “Patent Owner does not dispute Petitioner’s proposed level of skill in the art (Petition, 5) at this time.” PO Resp. 6. On the complete record, we adopt Petitioner’s description of the level of ordinary skill in the art, as it is uncontested and is consistent with the technology described in the ’347 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 8

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “In the Preliminary Response, “Patent Owner accept[ed] the Petition’s claim construction.” Prelim. Resp. 6. However, in the Patent Owner Response, Patent Owner argues that “the claims of the ’347 Patent require no construction as they are valid under their plain and ordinary meaning.” PO Resp. 6. Based on the complete record, we do not find it necessary to provide express claim constructions of any claim terms. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (noting that “we need only construe 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

    • Expert testimonyPetitioner expert discountedDecided for patent owner

      “Beel actually discloses the following: [0321] On the peripheral device 32 the video packets are received at the corresponding plug and play port, e.g. the USB port 11, read by the Human Interface Driver (HID) interface handler 13, unpacked to remove HID protocol headers in an unpacker 20 and then transmitted to the communications network by a transmitter 21. The network can be wireless for example WiFi or LiFi network. [0322] Having been routed over a communications network to the base unit 33, the incoming stream is read from the communications interface such as a WiFi access point 22, unpacked in an unpacker 25, decoded in a decoder 26 and then inserted into a suitable composition such as an OpenGL based composition in the compositor 29 for display on a central display device. Ex. 1005 ¶¶ 321–322 (emphasis added to portions quoted by Petitioner). Patent Owner notes that “[t]he Petition mistakenly cites to ¶ 322 of Beel but quotes ¶ 321.” PO Resp. 20 n.3. However, it appears that Petitioner has grafted together a portion of paragraph 321 that introduces peripheral device 32 with a portion of paragraph 322, which discusses features of base unit 33. However, this grafting has been done in such a way as to convey (incorrectly) that peripheral device 32, not base unit 33, includes unpacker 25, decoder 26, and compositor 29 that process the first processed video data received by the first peripheral device to generate second video data. Dr. Almeroth’s testimony, which copies Petitioner’s incorrectly altered quotation to paragraph 322 of Beel, is unreliable as to this claim limitation and is entitled to no weight.4 Thus, Petitioner has no expert testimony on which to rely for this claim limitation.” slip op. at 19

    • Strike new argumentNew argument disregardedDecided for patent owner

      “5 At the oral argument, when challenged on its reliance on paragraph 322, Petitioner argued that paragraph 321 of Beel teaches this limitation. Tr. 22:26–23:24. Petitioner did not make this argument in the Petition and, instead, raised it for the first time during oral argument; thus, it will not be considered. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364, 1369 (Fed. Cir. 2018) (“Unless it chose to exercise its waiver authority under 37 C.F.R. § 42.5(b), the Board was obligated to dismiss Dell’s untimely argument given that the untimely argument in this case was raised for the first time during oral argument.”). Even if we were to consider this new argument, it would not be persuasive. As Patent Owner observes (PO Resp. 20), any processing performed by peripheral device 32 in paragraph 321 is on data received from the processing device and destined for the base station via the network, rather than data flowing in the direction of the first processed video data of claim 1.” slip op. at 22

    Patent outcomesUS 11,966,347 not shown unpatentable
    Claim construction§ 103 obviousnesscites Phillips · Graham
    Patents in suitUS 11,966,347
  • Apple Inc. v. Proxense, LLCAll claims unpatentable
    PTAB · Sep 17, 2026 · IPR2025-00562 · APJ Thu A Dang · IPR · Final written decision

    Claims 1–20 are unpatentable as obvious over Giobbi ’157, Giobbi ’139, and Dua; the Board also finds the claims unpatentable under the Broadcom grounds.

    RulingsFinal written decision
    • Claim Construction › Functional claiming / §112(f) means-plus-function › Whether §112(f) applies (Williamson, nonce words)§112(f) does not applyDecided for petitioner

      “IPR2024-00783, Ex. 1001, 22:36–49. As the Federal Circuit stated, when a disputed claim limitation does not employ “means for” language, the presumption is that each of the terms conveys sufficiently definite structure or act and, thus, is not subject to § 112 ¶ 6. See Dyfan, 28 F.4th at 1367. Based on the record before us, this presumption that each of the terms is not subject to § 112 ¶ 6 is not overcome.” slip op. at 17

    • Skill levelOther

      “differences between the claimed subject matter and the prior art are such that the subject matter, as a whole, “would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406 (2007). The question of obviousness is resolved on the basis of underlying factual determinations including: (1) the scope and content of the prior art; (2) any differences between the claimed subject matter and the prior art; (3) the level of ordinary skill in the art; and (4) objective evidence of non-obviousness. See Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17–18 (1966).” slip op. at 25

    • Expert testimonyPetitioner expert creditedDecided for petitioner

      “We find persuasive Dr. Wolfe’s supporting testimony that a POSITA would have understood the terms “PDK” and “RDC” to have “definite structure.” Ex. 1013 ¶¶ 35–56. In particular, we find persuasive Dr. Wolfe’s testimony that the term “PDK,” for example, “encompasses at least ‘a collection of circuit components that includes an antenna, a transceiver, and a controller and memory for storing information particular to a user.’” Id. ¶ 35. Dr. Wolfe’s testimony is consistent with the Specification of the ’188 patent. See Ex. 1001, 5:42–6:7, 3:48–62. In particular, the Specification of the ’188 patent describes a microchip that stores information in memory and responds through an antenna when probed, which is consistent with Dr. Wolfe’s testimony. Id.; Ex. 1001, 1:30–62.” slip op. at 19

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable

      “differences between the claimed subject matter and the prior art are such that the subject matter, as a whole, “would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406 (2007). The question of obviousness is resolved on the basis of underlying factual determinations including: (1) the scope and content of the prior art; (2) any differences between the claimed subject matter and the prior art; (3) the level of ordinary skill in the art; and (4) objective evidence of non-obviousness. See Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17–18 (1966).” slip op. at 25

    Patent outcomesUS 9,049,188 unpatentable
    Claim construction§ 103 obviousnesscites KSR · Graham
    Patents in suitUS 9,049,188
  • PTAB · Sep 3, 2026 · IPR2025-00673 · APJ Michael R Zecher · IPR · Final written decision

    Claims 1–7 are unpatentable as obvious over the combined teachings of the asserted references, including Shin and Aoyama and Shimomura and Iwase.

    RulingsFinal written decision
    • PTAB / AIA Trials › Motions to amend / substitute claimsOther

      “1 SoundClear also filed a Contingent Motion to Amend that proposed to replace originally challenged claim 5 of the ’675 patent with proposed substitute claim 8. Paper 21. We, however, granted SoundClear’s request to withdraw its Contingent Motion to Amend and, as a result, the Contingent Motion to Amend will no longer be considered in this proceeding. Paper 30.” slip op. at 2

    • Skill levelOther

      “2. Level of Skill in the Art In determining whether an invention would have been obvious, we” slip op. at 21

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundMotivation not foundMixed

      “combination because (1) configuring Shin’s processor 120 accordingly “would have been trivial, involving straightforward changes to enhance the processor’s approach to simplifying and abbreviating its output”; and (2) this approach was well-known as evidenced by Ha’s disclosure of replacing “team meeting” and “date” with “schedules” based on the user’s environment.6 Id. at 27–28 (first quoting Ex. 1011 ¶ 97, then quoting Ex. 1011 ¶ 98) (citing Ex. 1002 ¶ 102; Ex. 1011, Fig. 7).” slip op. at 33

    • Expert testimonyPetitioner expert creditedDecided for petitioner

      “4. Dr. Stern’s Testimony is Reliable In its Patent Owner Response, SoundClear contends that “Dr. Stern’s” slip op. at 125

    Patent outcomesUS 11,244,675 unpatentable
    § 103 obviousnesscites KSR · Graham
    Patents in suitUS 11,244,675
  • PTAB · Aug 27, 2026 · IPR2024-01310 · APJ Stephen E Belisle · IPR · Remand

    On Director remand, the Board determined claims 1–15 unpatentable under § 103, including claims 1–11 over Ellis, Spivey, and Herzog.

    RulingsRemand decision
    • RemandOther

      “all Challenged Claims unpatentable and denying Petitioner’s Motion to Exclude. Paper 47 (“Original Final Decision”). Subsequently, Patent Owner filed a Request for Director Review and Petitioner filed an authorized Response thereto. Papers 48, 49. On July 29, 2026, the Director granted review, vacated-in-part the Original Final Decision, and remanded the case to the Board. Paper 50. In particular, the Director directed the Board “to consider Patent Owner’s arguments as to the webserver limitation in deciding whether Petitioner has established by a preponderance of the evidence that claims 1–11 are unpatentable under Petitioner’s Ground 1B.” Id. at 4. We do so in this Final Written Decision on Remand (“Remand Decision”). See infra § III.E (Ground 1B). For completeness, we repeat herein our analysis in the Original Final Decision for all other grounds.” slip op. at 2

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “C. Claim Construction We construe claims “using the same claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. 282(b), including construing the claim in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent.” 37 C.F.R. § 42.100(b); see also Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). In this context, claim terms “are generally given their ordinary and customary meaning” as understood by a person of ordinary skill in the art in question at the time of the invention. Phillips, 415 F.3d at 1312–13; see CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002) (There is “a ‘heavy presumption’ that a claim term carries its ordinary and customary meaning.”). “In determining the meaning of the disputed claim limitation, we look principally to the intrinsic evidence of record, examining the claim language itself, the written description, and the prosecution history, if in evidence.” DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., 469 F.3d 1005, 1014 (Fed. Cir. 2006) (citing Phillips, 415 F.3d at 1312–17). Extrinsic evidence is “less significant than the intrinsic record in determining ‘the legally operative meaning of claim language.’” Phillips, 415 F.3d at 1317. Petitioner contends that “[t]he claim terms of the ’218 [patent] should be given their plain and ordinary meaning” as understood by the relevant artisan. Pet. 6. Petitioner argues that the relevant artisan “would have understood a ‘socket’ to be a uniquely addressable communication endpoint on a server where first event information is provided to a [viewer client device] VCD.” Pet. 26 (citing Ex. 1001 ¶ 170). Petitioner argues that the relevant artisan also would have understood an “event socket,” in turn, to be “a socket where information about one sporting event is provided to VCDs.” Id. Beyond such proposed plain meanings for “socket” and “event” slip op. at 14

    • Obviousness (§103) › Objective indicia / secondary considerationsObjective indicia no nexusDecided for petitioner

      “(6) Conclusion as to Objective Indicia of Non- Obviousness For the foregoing reasons, although we have considered Patent Owner’s evidence of objective indicia of nonobviousness, we accord it little weight, and find that it does not outweigh Petitioner’s strong countervailing evidence supporting a conclusion of obviousness.” slip op. at 53

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable

      “engineer with substantial experience in Internet video streaming, Internet communication, and related protocols, including an understanding of relaytype and orchestrator-type webservers, would have considered the subject matter of claim 1 as a whole, including the webserver, to be obvious in light of the combined teachings of Ellis, Spivey, and Herzog. Based on the context discussed above, and for the reasons provided above, we determine that the answer is yes. See Fleming v. Cirrus Design Corp., 28 F.4th 1214, 1222 (Fed. Cir. 2022) (“That the proposed combination of [two references]—rather than one of the individual references—discloses the disputed claim limitations does not defeat the Board’s conclusion of obviousness. In this case, it is sufficient that [the relevant artisan] would have been motivated to combine the prior art in a way such that the combination discloses the claim limitations.”).” slip op. at 78

    Patent outcomesUS 11,039,218 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 11,039,218
  • PTAB · Jul 28, 2026 · IPR2025-00491 · APJ Frederick C Laney · IPR · Final written decision

    Claims 1–18 are unpatentable as obvious over Beel and Dinka, with or without Christison; the Kaplan, Van de Laar, and Christison ground fails for lack of motivation to combine.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Pet. 9–10 (citing Ex. 1002 ¶¶ 36–37). “Patent Owner does not dispute Petitioner’s proposed level of skill in the art.” PO Resp. 6. On the complete record, we adopt Petitioner’s proposed definition of a person of ordinary skill in the pertinent art, as it is consistent with the ’972 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 10

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededPlain and ordinary meaningDecided for patent owner

      “Rather than addressing Petitioner’s proposals, Patent Owner states “the claims of the ’972 Patent require no construction as they are valid under their plain and ordinary meaning.” PO Resp. 6. Our decision in this matter does not turn on resolving any particular differences between the parties’ constructions. Therefore, because only those terms in controversy need to be construed, and only to the extent necessary to resolve the controversy, we determine that no claim term requires express construction in this proceeding and that the ordinary and customary meaning of the claim terms apply. See Realtime Data LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019).” slip op. at 11

    • Expert testimonyPatent owner expert discountedDecided for petitioner

      “device. The ’972 patent expressly defines endpoints broadly “as data sources or sinks.” Ex. 1001, 7:64–67. And the ’972 patent admits that Beel’s Figure 11 discloses the same endpoints depicted in the ’972 patent’s own Figure 4. Id. at 4:28–33, 16:44–67. Beel’s Figure 11 and accompanying description disclose a “[m]ass storage device 12,” a “USB audio device 14,” and a “USB HID device 13” on the peripheral device. Ex. 1005, Fig. 11, ¶¶ 320–323. Patent Owner’s own declarant conceded that a mass storage device is “a type of endpoint” (Ex. 1034, 43:19–21), and that “audio devices are endpoints” (id. at 57:5–61:4). We give reduced weight to Patent Owner’s contrary position to the extent it rests on the premise that a reference cannot disclose an endpoint unless it uses the word “endpoint” (Ex. 2030 ¶ 94; Ex. 1034, 43:19–44:16, 72:18–73:12); a premise that is inconsistent with the ’972 patent’s own broad definition and with the ’972 patent’s admission regarding Beel’s Figure 11. As additional support not separately emphasized by the parties in this connection, we note Dr. Almeroth’s technical explanation that, for data to pass from a functional device to a peripheral device, “both the functional device and the peripheral device must have ‘endpoints’”—a data source and a data sink—reasoning consistent with the ’972 patent’s definition. Ex. 1002 ¶ 125.” slip op. at 27

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable

      “First, we agree with Patent Owner that, under the ordinary meaning of the claim language, the endpoint is an endpoint of the peripheral device, and that it must be “a data source or a data sink which is able to store or emit data, of the functional device exposed or made available on the first peripheral device.” Ex. 1001, 23:11–17. The limitation thus identifies a structure—an endpoint, residing on the peripheral device, that is a source or sink and that corresponds to (is “of”) the functional device—through which the communication recited in subsequent element (g) is carried out. By its terms, it imposes no requirement as to the direction in which data flows; it requires only that the endpoint be a data “source” or a data “sink” that is able to “store or emit” data. The operative transmit-and-receive communication “from the functional device to the processing device via the . . . endpoint” is recited in subsequent element (g), which we take up separately below. The disputed question under this limitation is therefore the structural one: whether Beel discloses, on the peripheral device, an endpoint that is “of the functional device.” Because the inquiry is structural and non-directional, we are not persuaded that the audio-out orientation of Beel’s described embodiment, on which Patent Owner relies, is dispositive of this limitation. device. The ’972 patent expressly defines endpoints broadly “as data sources or sinks.” Ex. 1001, 7:64–67. And the ’972 patent admits that Beel’s Figure 11 discloses the same endpoints depicted in the ’972 patent’s own Figure 4. Id. at 4:28–33, 16:44–67. Beel’s Figure 11 and accompanying description disclose a “[m]ass storage device 12,” a “USB audio device 14,” and a “USB HID device 13” on the peripheral device. Ex. 1005, Fig. 11, ¶¶ 320–323. Patent Owner’s own declarant conceded that a mass storage device is “a type of endpoint” (Ex. 1034, 43:19–21), and that “audio devices are endpoints” (id. at 57:5–61:4). We give reduced weight to Patent Owner’s contrary position to the extent it rests on the premise that a reference cannot disclose an endpoint unless it uses the word “endpoint” (Ex. 2030 ¶ 94; Ex. 1034, 43:19–44:16, 72:18–73:12); a premise that is inconsistent with the ’972 patent’s own broad definition and with the ’972 patent’s admission regarding Beel’s Figure 11. As additional support not separately emphasized by the parties in this connection, we note Dr. Almeroth’s technical explanation that, for data to pass from a functional device to a peripheral device, “both the functional device and the peripheral device must have ‘endpoints’”—a data source and a data sink—reasoning consistent with the ’972 patent’s definition. Ex. 1002 ¶ 125. Third, we find that the endpoint Beel discloses is a data source or a data sink that is “able to store or emit data, of the functional device.” We begin with the words of the limitation. The endpoint need only be “able to store or emit data”—language of capability, not a requirement that particular data actually traverse the endpoint in operation, and still less in a particular direction. And the endpoint is defined by the character of the data it handles: it is “a data source or a data sink,” which the ’972 patent instructs An audio endpoint, so understood, is characterized as an audio source or sink; its structure is not tied to any single instance of an audio device. On that understanding, Beel’s disclosure establishes the required capability directly. Beel discloses that “audio data is captured through a virtual sound card interface added as a logical device over the physical interface provided in the peripheral device,” Ex. 1005 ¶ 43, that the peripheral device “acts as a composite device comprising for instance a (virtual) audio speaker device,” id. ¶ 317, and that “audio data is captured at this interface . . . internally in the peripheral device 32” and streamed over the communications network, id. ¶ 319. Beel thus shows the endpoint on the peripheral device actually storing and emitting audio—and, correspondingly, video—data, which is the very type of data produced and consumed by the audio/visual functional devices connected to the base unit, including the microphones, cameras, speakers, and displays. Id. ¶ 120. An endpoint shown to store or emit audio and video data is necessarily one that is “able to store or emit” such data; the capability the limitation requires is thus established by Beel’s disclosure.” slip op. at 26

    Patent outcomesUS 10,684,972 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,684,972
  • PTAB · Jul 27, 2026 · IPR2025-00565 · APJ Michael R Zecher · IPR · Final written decision

    Claims 1–5 are unpatentable because Amazon showed they are anticipated by Shin; the Board did not reach Amazon’s contingent obviousness ground over Shin.

    RulingsFinal written decision
    • BurdenOther

      “Written Decision under 35 U.S.C. § 318(a) as to the patentability of claims 1–5 of the ’337 patent. For the reasons we identify below, we hold that Amazon has demonstrated by a preponderance of the evidence that these claims are unpatentable.” slip op. at 2

    • Skill levelOther

      “2. Level of Skill in the Art In determining whether an invention would have been obvious, we” slip op. at 18

    • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable

      “1. Principles of Law To establish anticipation, “all of the elements and limitations of the” slip op. at 17

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableNot shown unpatentableMixed

      “1. Principles of Law To establish anticipation, “all of the elements and limitations of the” slip op. at 17

    Patent outcomesUS 11,069,337 unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites KSR · Graham
    Patents in suitUS 11,069,337
  • PTAB · Jul 27, 2026 · IPR2025-01570 · APJ Monica S Ullagaddi · IPR · Final written decision

    The majority held claims 1–19 not shown unpatentable: Wang did not anticipate claims 1–10, and Wang with Xiong did not render claims 11–19 obvious.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedOther

      “field of the ’690 Patent would have had at least (1) an undergraduate degree in electrical engineering, computer engineering, computer science, or a comparable field of study and (2) at least two years of experience with optical data communications or a comparable field of work.” Pet. 14 (citing Ex. 1003 ¶ 22). Petitioner also states that “[i]ndividuals having different educational backgrounds and supplemental experience might still be of ordinary skill in the art if such experience compensates for any deficiencies in education relative to the criteria stated above” and “[i]n some cases, additional education might be an acceptable substitute for some experience, or vice versa.” Id. Patent Owner does not dispute Petitioner’s characterization of the level of skill in the art. See e.g., PO Resp. 9. We adopt Petitioner’s unopposed definition of the level of ordinary skill in the art as it appears consistent with the disclosures of the ’690 patent and the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “Patent is self-explanatory and would have been recognized by a [person of ordinary skill in the art] as having plain and ordinary meanings.” Pet. 10. “Petitioner submits that no special constructions are required” because “the claim terms appear understandable in the context of the disclosure provided by the specification of the ’690 Patent.” Id. (citing Ex. 1003 ¶ 58). Patent Owner “agrees that the claim terms should be given their plain and ordinary meaning as understood by a [person of ordinary skill in the art].” PO Resp. 10. After reviewing the arguments and evidence before us, we determine that we do not need to expressly construe any claim term to resolve any controversy in the proceeding. 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 8

    • BurdenNot shown unpatentable

      “Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard. For the foregoing reasons, we are not persuaded that Petitioner sufficiently establishes that claim 1 is unpatentable under 35 U.S.C. § 102 as anticipated by Wang by a preponderance of the evidence.” slip op. at 13

    • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable

      “Wang discloses that “the isolator 100 is bonded to the substrate by means of an adhesive” in which “[t]he adhesive is not only used to fix the isolator 100 to the substrate, but also fills a gap between the isolator 100 and the substrate to improve the installation accuracy of the isolator 100.” Ex. 1006 ¶ 41 (emphasis added). Petitioner does not explain how filling in a gap between the isolator 100 and a substrate necessarily results in “each of the plurality of optical isolators [being] disposed substantially in parallel relative to each other,” as recited in claim 1. The cited portion in paragraph 43 references Figures 5 and 6, which depict Embodiment 1 of Wang and are reproduced below. Figures 5 and 6 of Wang depict isolators 100, base 311, and baffles 312. Although paragraph 44 of Wang states that “[t]he substrate includes a base 311, and baffles 312 and isolators 100 sequentially disposed on the base 311,” Petitioner does not sufficiently persuade us how Wang’s disclosure “sequentially disposed” isolators necessarily discloses that the isolators are “disposed substantially in parallel relative to each other” as recited in independent claim 1. Ex. 1006 ¶ 44. Although the cited portion in Figure 6 of Wang apparently shows a possibly parallel arrangement of Petitioner cites to Dr. Kirk’s Declaration, but Dr. Kirk does not opine on why cited portions of Wang necessarily disclose or depict the claimed “disposed substantially in parallel relative to each other” requirement. Ex. 1003 ¶¶ 73, 74; Ex. 1006 ¶¶ 41, 43, Figs. 6, 8, 10. At best, Dr. Kirk testifies that “a POSITA would have understood that Wang anticipates Claim 1.” Ex. 1003 ¶ 75. Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard.” slip op. at 12

    Patent outcomesUS 10,788,690 not shown unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,788,690
  • PTAB · Jul 27, 2026 · IPR2025-00437 · APJ Monica S Ullagaddi · IPR · Final written decision

    The majority held claims 1–19 not unpatentable: Wang did not establish anticipation of claims 1–10, and Wang with Xiong did not establish obviousness of claims 11–19.

    RulingsFinal written decision
    • BurdenNot shown unpatentable

      “Wang discloses that “the isolator 100 is bonded to the substrate by means of an adhesive” in which “[t]he adhesive is not only used to fix the isolator 100 to the substrate, but also fills a gap between the isolator 100 and the substrate to improve the installation accuracy of the isolator 100.” Ex. 1006 ¶ 41 (emphasis added). Petitioner does not explain how filling in a gap between the isolator 100 and a substrate necessarily results in “each of the plurality of optical isolators [being] disposed substantially in parallel relative to each other,” as recited in claim 1. The cited portion in paragraph 43 references Figures 5 and 6, which depict Embodiment 1 of Wang and are reproduced below. Figures 5 and 6 of Wang depict isolators 100, base 311, and baffles 312. Although paragraph 44 of Wang states that “[t]he substrate includes a base 311, and baffles 312 and isolators 100 sequentially disposed on the base 311,” Petitioner does not sufficiently persuade us how Wang’s disclosure “sequentially disposed” isolators necessarily discloses that the isolators are “disposed substantially in parallel relative to each other” as recited in independent claim 1. Ex. 1006 ¶ 44. Although the cited portion in Figure 6 of Wang apparently shows a possibly parallel arrangement of Petitioner cites to Dr. Kirk’s Declaration, but Dr. Kirk does not opine on why cited portions of Wang necessarily disclose or depict the claimed “disposed substantially in parallel relative to each other” requirement. Ex. 1003 ¶¶ 73, 74; Ex. 1006 ¶¶ 41, 43, Figs. 6, 8, 10. At best, Dr. Kirk testifies that “a POSITA would have understood that Wang anticipates Claim 1.” Ex. 1003 ¶ 75. Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard.” slip op. at 12

    • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable

      “Wang discloses that “the isolator 100 is bonded to the substrate by means of an adhesive” in which “[t]he adhesive is not only used to fix the isolator 100 to the substrate, but also fills a gap between the isolator 100 and the substrate to improve the installation accuracy of the isolator 100.” Ex. 1006 ¶ 41 (emphasis added). Petitioner does not explain how filling in a gap between the isolator 100 and a substrate necessarily results in “each of the plurality of optical isolators [being] disposed substantially in parallel relative to each other,” as recited in claim 1. The cited portion in paragraph 43 references Figures 5 and 6, which depict Embodiment 1 of Wang and are reproduced below. Figures 5 and 6 of Wang depict isolators 100, base 311, and baffles 312. Although paragraph 44 of Wang states that “[t]he substrate includes a base 311, and baffles 312 and isolators 100 sequentially disposed on the base 311,” Petitioner does not sufficiently persuade us how Wang’s disclosure “sequentially disposed” isolators necessarily discloses that the isolators are “disposed substantially in parallel relative to each other” as recited in independent claim 1. Ex. 1006 ¶ 44. Although the cited portion in Figure 6 of Wang apparently shows a possibly parallel arrangement of Petitioner cites to Dr. Kirk’s Declaration, but Dr. Kirk does not opine on why cited portions of Wang necessarily disclose or depict the claimed “disposed substantially in parallel relative to each other” requirement. Ex. 1003 ¶¶ 73, 74; Ex. 1006 ¶¶ 41, 43, Figs. 6, 8, 10. At best, Dr. Kirk testifies that “a POSITA would have understood that Wang anticipates Claim 1.” Ex. 1003 ¶ 75. Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard. For the foregoing reasons, we are not persuaded that Petitioner” slip op. at 12

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successNot reached

      “challenge set forth in the Petition by citing the background of the ’690 patent and Dr. Willner’s deposition testimony and characterizing the same as “admissions” of Patent Owner in Petitioner’s Reply, such “evidence” did not form the basis of Appellant’s original position set forth in the Petition.6 Petitioner’s arguments that all of the components recited in claim 11 “were known in the prior art” or that Dr. Willner admitted the same are unpersuasive at least because the Petition did not set forth this position. Contrary to Petitioner’s arguments during the oral hearing, the Petition does not present challenges based on “Applicant Admitted Prior Art.” See generally Pet.” slip op. at 23

    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “field of the ’690 Patent would have had at least (1) an undergraduate degree in electrical engineering, computer engineering, computer science, or a comparable field of study and (2) at least two years of experience with optical data communications or a comparable field of work.” Pet. 14 (citing Ex. 1003 ¶ 22). Petitioner also states that “[i]ndividuals having different educational backgrounds and supplemental experience might still be of ordinary skill in the art if such experience compensates for any deficiencies in education relative to the criteria stated above” and “[i]n some cases, additional education might be an acceptable substitute for some experience, or vice versa.” Id. Patent Owner does not dispute Petitioner’s characterization of the level of skill in the art. See e.g., PO Resp. 9. We adopt Petitioner’s unopposed definition of the level of ordinary skill in the art as it appears consistent with the disclosures of the ’690 patent and the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7

    Patent outcomesUS 10,788,690 not shown unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,788,690
  • PTAB · May 7, 2026 · IPR2024-01387 · APJ Iftikhar Ahmed · IPR · Final written decision

    Claims 1–16 are unpatentable under the instituted obviousness grounds, including Becerra, the QlikView Manuals, and combinations with other references.

    RulingsFinal written decision
    • ExcludeMotion to exclude, grantedMotion to exclude, deniedGranted in part

      “why it is trustworthy and how it archives dates by which the webpages were accessible, as this is an information resource on which librarians reasonably rely. See FED. R. EVID. 703. We agree with Petitioner that Dr. Hall-Ellis does have personal knowledge of the facts stated in the remaining testimony (e.g., what she actually downloaded from websites), and that FEDERAL RULE OF EVIDENCE 602 is inapplicable to her testimony offered as an expert. See Pet. Opp. 5–6 (citing Ex. 1030 ¶¶ 26, 29–32, 35, 37–39). We find her testimony to be relevant to the issues presented and specifically to whether the QlikView documents were publicly accessible. We also find no danger that the testimony would confuse the issues or mislead the Board or present unfair prejudice to Patent Owner. Accordingly, we deny Patent Owner’s Motion as to the remaining portion of Dr. Hall-Ellis’s declaration.” slip op. at 92

    • Strike new argumentNew argument disregardedGranted

      “FURTHER ORDERED that Petitioner’s Motion to Strike portions of Patent Owner’s Reply on its Motion to Exclude (Paper 32) is granted; and” slip op. at 102

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable

      “1. Motivation to Combine Becerra and Couckuyt Petitioner argues that a person of ordinary skill in the art would have been motivated to combine the teachings of Becerra and Couckuyt because such a person would have recognized that Couckuyt discloses useful techniques of assigning data to Becerra’s charts, including assigning data to each axis. Pet. 34 (citing Ex. 1005 ¶¶ 19, 52, Fig. 5; Ex. 1003 ¶ 224). Petitioner contends that Couckuyt discloses associating data from a “spreadsheet document” with a chart, such as a “bar graph.” Id. at 35 (citing Ex. 1006, 6:1–37; Figs. 3a, 3c). below. Petitioner’s annotations to Figure 4 identify “Drop Zones” in red and “Data Fields” in Blue. Id. at 36. Petitioner contends Couckuyt discloses a “drag-and-drop user interface (DDUI) . . . associated with a data source, such as the two-dimensional data source 300,” and Figure 4 illustrates the DDUI permitting “value data fields and the characteristic data fields . . . to be dragged and dropped into drop zones.” Id. at 35–36 (citing Ex. 1006, 7:10–13). Petitioner contends that a “primary benefit of the charting DDUI is that the user can quickly change the data that is being presented in the chart,” and using Couckuyt’s techniques, a user can “quickly change the data” and see the desired effects. Id. at 36 (citing Ex. 1006, 1:18–19; Ex. 1003 ¶ 228). Petitioner contends that when Becerra’s control panel includes multiple charts, Couckuyt’s techniques would allow dragging-anddropping data from a data source to multiple charts, and would simplify the process of assigning data to multiple control panel components. Id. at 36–37 skill in the art would have also had a reasonable expectation of success combining Becerra with Couckuyt because the combination would amount to nothing more than incorporating Couckuyt’s well-known drag-and-drop techniques into Becerra’s system. Id. at 37 (citing Ex. 1003 ¶¶ 229–231). Patent Owner responds that Couckuyt focuses on selecting a data icon that corresponds to dragging and dropping data fields, not dragging and dropping data, while Becerra teaches that selecting various data ranges from the spreadsheet is desirable. PO Resp. 36–37 (citing Ex. 1004 7:48–52; Ex. 2001 ¶ 146). According to Patent Owner, a person of ordinary skill in the art would not have been motivated to merely select data fields that do not limit the selected data in any way. Id. Patent Owner further argues Becerra’s method of binding components to a spreadsheet range and extracting formulas from a spreadsheet teaches away from the multiple chart generation scheme of Couckuyt that uses drag and dropping of data fields. Id. at 37. According to Patent Owner, Couckuyt is directed to the need for a charting DDUI that can generate multiple charts at the same time and such a need does not exist in Becerra which in turn is focused on creating a control panel that is an interactive graphics simulation. Id. (citing Ex. 1004, 1:66–67, 2:5–8; Ex. 1005 ¶ 11; Ex. 2001 ¶ 148). Based on our review of the complete record, we determine that” slip op. at 31

    • Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner

      “2. Whether QlikView Manuals Qualify as Prior Art Petitioner argues that “the QlikView Manuals describe a well-known system and are printed publications available to the public at least by July 8, 2008.” Pet. 7–9. Petitioner offers ample evidence to demonstrate the QlikView Manuals were publicly accessible by July 8, 2008. See id. (citing Ex. 1008; Ex. 1009; Ex. 1014–1023; Ex. 1003 ¶ 129–140; Ex. 1030;11 Ex. 1068 ¶¶ 4–7; Ex. 1032; Ex. 1033). Petitioner contends in 2008, QlikView was a well-known software product sold by QlikTech International AB (“QlikTech”). Id. at 8 (citing Ex. 1003 ¶ 129; Ex. 1030 ¶ 23; Ex. 1068 ¶¶ 4–7). Petitioner asserts that QlikTech announced that QlikView version 8.50 was scheduled for release on June 30, 2008, and QlikTech’s website added the “QlikView 8.50” hyperlink by July 8, 2008. Id. (citing Ex. 1003 ¶¶ 129–131; Ex. 1022, 1; Ex. 1068 ¶ 7). Petitioner contends that, as of July 8, 2008, a person of ordinary skill in the art would have understood that they could view the QlikView Manuals in the installation package. Id. (citing Exs. 1014–1017; Ex. 1003 ¶¶ 131–132; Ex. 1068 ¶ 7). Petitioner further contends that the QlikView Manuals were also available on QlikTech’s website as of this 11 As discussed below (see infra § IV.A), we grant Patent Owner’s Motion to Exclude as to certain portions of Exhibit 1030 and do not give them any weight. However, we deny Patent Owner’s Motion as to the remaining portions of Dr. Hall-Ellis’s testimony as well as Ms. Lofton’s testimony and various other exhibits proffered by Petitioner to show public accessibility of the QlikView manuals as of July 8, 2008. QlikView 8.50 was published on July 8, 2008. Id. at 8–9 (citing Exs. 1008, 1009, 1017, 1059, 1060; Ex. 1030 ¶¶ 29, 37). In its Patent Owner Response, Patent Owner does not contest that the QlikView Manuals were published and publicly available by July 8, 2008. PO Resp. 50 n.2 (noting only that Patent Owner intends to move to exclude evidence Petitioner relies on to establish the publication date for QlikView Manuals); Tr. 45:3–19. We are persuaded that Petitioner has shown by a preponderance of the evidence that the QlikView Manuals were publicly available as of July 8, 2008.12” slip op. at 50

    Patent outcomesUS 8,271,892 unpatentable
    § 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 8,271,892
  • PTAB · Apr 7, 2026 · IPR2024-01439 · APJ Frederick C Laney · IPR · Final written decision

    Claims 1–11 and 13–21 are unpatentable under § 103 based on Ono and Corbett and Uchida and Grimshaw; the Board did not find Ichieda unpatentable.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “B. Level of Ordinary Skill in the Art Petitioner contends that a person having ordinary skill in the art would have had at least a Master’s Degree in Electrical Engineering with . . . five years of work experience in computer science and embedded systems, or Master’s Degree in Computer Science with . . . five years of work experience in electrical and computer engineering and embedded systems. Additional educational experience could substitute for some of the work experience. level of skill in the art.” PO Resp. 10. We adopt Petitioner’s proposed definition of a person of ordinary skill in the pertinent art, as it is consistent with the ’951 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “determine that none of the claim terms the parties provide constructions for require an express construction in this proceeding. See Realtime Data LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019). The parties do appear to disagree on the meaning of “trigger,” however. Although neither party actually identifies that term as needing interpretation and neither party actually provides a claim construction analysis to support its respective position, the parties do dispute whether the evidence presented shows a “trigger,” both presumably giving that term its plain and customary meaning. In other words, while both parties appear to agree “trigger” carries its plain meaning, in application, the parties’ dispute regarding the particular limitations including that term appears to turn, not over what the evidence discloses, but only on whether the disclosure satisfies the plain meaning of “trigger” (see infra § II.E.2). Accordingly, while we apply the plain meaning of “trigger” in this proceeding, and in doing so, we address which party has properly applied the plain meaning and, in doing that, we address the scope properly afforded to “trigger.” That analysis, however, is done below in the context of the limitation in which this issue arises (see id.).” slip op. at 8

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner

      “has now been developed, and in view of both parties’ arguments, we find Petitioner has persuasively shown that modifying Ono’s peripheral device (i.e., communications module 44) to include an input device/physical actuator like the one described for Ono’s remote controller 69 to control the display of image data from a particular user’s computer would have been obvious to a skilled artisan at the time of the invention. More specifically, Petitioner has shown persuasively Ono shows that the use of an input device/physical actuator to send a signal that causes a participant’s computer to transmit and control the image data presented on a shared display in an image display system was a known technique (see Ex. 1005 ¶¶ 7, 44–48, 66– 71, 77–78, 80–89, 144, Figs. 3, 6, 8, 9; Ex. 1002 ¶¶ 85–100, 121–127) and available location for such an input device/physical actuator to initiate the transmission of data (see Ex. 1007 ¶¶ 6, 18, 20, 22–23, 26, 28, 46, Fig. 1; Ex. 1002 ¶¶ 92–100). Petitioner has also persuasively shown that a skilled artisan recognized benefits to giving a participant the ability to locally control the display of their computer’s image data. See Ex. 1002 ¶¶ 87–91; Ex. 1008 ¶¶ 4, 19–20, 27–28; Ex. 1009 ¶¶ 10–13, 39–10, 70–72. When Ono and Corbett are considered together as a whole from the perspective of a skilled artisan, therefore, it is clear that applying a similar input device/physical actuator to Ono’s peripheral device would have been recognized to result in the benefit of providing a participant with the same ability to send a signal that causes a participant’s computer to transmit and control the image data presented on a shared display from their computer within an image display system. As a result, a motivation has been established because the combination is an application of a known technique to derive a known benefit using prior art elements according to their established functions. Intel Corp. v. PACT XPP Schweiz AG, 61 F.4th 1373, 1380 (Fed. Cir. 2023).” slip op. at 24

    • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for petitioner

      “that, from their perspective, the plain meaning of the term “trigger” does not exclude intervening steps between a user’s action on an input device and the ultimate transfer of the user selected arbitrary media content. Pet. Reply 11– 12 (indicating that “trigger” encompasses “a process that begins with and thus is triggered by a user pressing a button followed by an ‘image transfer’ from a PC to a projector”). For its part, Patent Owner maintains (at least implicitly) that intervening steps are excluded from the plain meaning. Neither party addresses with more specificity why, or why not, the scope of “trigger” supports their positions, however. Having now the complete record before us, we find that out preliminary assessment was wrong because the plain meaning of the term “trigger” does not exclude intervening steps between the cause-and-effect relationship of the trigger and the result it is intended to cause. Take, for example, a simple gun. Pulling the “trigger” to fire a gun necessarily includes intervening steps to occur: the trigger releases a hammer that, in turn, contacts a blasting cap within a bullet casing, which is what actually causes the gunpowder to ignite (i.e., fire) and expel the bullet. And there is no evidence in this record to suggest that this customary understanding of the word “trigger” is any different in the electrical arts, other than the trigger and result are generally electrical in nature, rather than mechanical. We find no clear disavowal of claim scope within the intrinsic record of the ’951 patent to indicate that the term “trigger” was intended to be understood any differently to exclude any intervening steps between a user’s action on an input device and the resulting transfer of user selected arbitrary media content. intervening steps would exist because the input device does not actually do the transferring of the media content; instead, the claims recite the transferring is “from the transmitter to the wireless communications network and [then] to the base node.” See Ex. 1001, 11:3–48, 27:62–28:1 (claim 1), 28:62–67 (claim 9), 29:42–46 (claim 16), 30:36–44 (claim 21) (emphasis added). A skilled artisan would have recognized that there would be intervening steps between the input device being acted upon and the content being displayed by base node’s display. See Ex. 1083 ¶¶ 11–12. In the claims, the input device is analogous to a gun’s trigger, the user carrying out a user action on the input device is analogous to pulling a gun’s trigger, and the transfer of user selected arbitrary media content is analogous the gun expelling a bullet. In both cases, there can be, and usually are, intervening steps, moreover, in both cases, inadvertent things can happen that may prevent the intended result (e.g., in the case of a gun, the hammer can jam; in the case of an input device, a connection can be rejected). Nevertheless, in both cases, the trigger is the thing that initiates an automated process that leads to a particular result, unless a conditional error occurs.” slip op. at 31

    Patent outcomesUS 11,422,951 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 11,422,951
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