- Shenzhen Tuozhu Technology Co., Ltd. v. Stratasys, Inc.All claims unpatentablePTAB · Oct 5, 2026 · IPR2025-00438 · APJ Lilan Ren · IPR · Final written decision
Claims 1–5, 7–13, and 16–20 are unpatentable; the Board found the challenged claims unpatentable on the grounds set out in its conclusions and summary table.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner’s definition of the level of ordinary skill in the art, and Petitioner’s definition appears consistent with the disclosures of the ’466 patent and the prior art of record. Accordingly, we adopt Petitioner’s definition. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). C. Claim Construction” slip op. at 12
- BurdenUnpatentable
“Decision under 35 U.S.C. § 318(a) as to the patentability of the challenged claims of the ’466 patent. For the reasons discussed below, we determine Petitioner has established by a preponderance of the evidence that claims 1– 5, 7–13, and 16–20 of the ’466 patent are unpatentable.” slip op. at 2
Patent outcomesUS 10,569,466 unpatentableNonecites Phillips · KSR · GrahamPatents in suitUS 10,569,466 - Shenzhen Tuozhu Technology Co., Ltd. v. Stratasys, Inc.All claims unpatentablePTAB · Sep 28, 2026 · IPR2025-00611 · APJ Christopher L Ogden · IPR · Final written decision
Claims 1–10, 12, 13, 19, and 20 are unpatentable under § 103 over the stated Douglas–Mark and Hamilton-based grounds.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“The parties agree that experience could substitute for a degree, and vice versa. Pet. 3; PO Resp. 10. The parties’ proposed levels of ordinary skill are substantially similar. For this decision, as in the Institution Decision, we adopt Petitioner’s proposed level, which is supported by credible testimonial evidence and is consistent with the problems addressed in the ’774 patent. See Ex. 1001, 1:16–52. Our decision would be the same, however, if we were to adopt Patent Owner’s proposal.” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Other
“Neither Petitioner nor Patent Owner argues that we need to construe any claim terms explicitly. See Pet. 2–3; PO Resp. 10. However, the parties contest two material claim-construction issues which we address below. To the extent that the parties’ positions depend on interpreting other claim language in a particular way, we discuss the relevant claim language below in the context of the parties’ arguments regarding the prior art.” slip op. at 8
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner
“We disagree with Patent Owner that a person of ordinary skill in the art would have understood that limitation 1.2 must be performed before limitations 1.3 or 1.4. See Ex. 1001, 35:21–24. See Interactive Gift Exp., Inc. v. Compuserve Inc., 256 F.3d 1323, 1342 (Fed. Cir. 2001) (“Unless the steps of a method actually recite an order, the steps are not ordinarily construed to require one.” (citing Loral Fairchild Corp. v. Sony Corp., 181 F.3d 1313, 1322 (Fed. Cir. 1999)). The evidence suggests that a “target printer” is any printer that is ultimately selected for fabricating the object, and such a printer could send its configuration information either before or after that determination is made in limitation 1.2. This interpretation does not render the word “target” meaningless. At some point, a printer must be determined to be the target printer, which is the one intended to ultimately fabricate the three-dimensional object. But the target printer still exists, and is capable of being queried, before that determination is made. We find the examples in the ’774 patent pertinent to this question. The ’774 patent states that “the target printer may include more than one printer.” Ex. 1001, 18:66–67. In discussing the step of “query target printer for properties 306” (Fig. 3A), the ’774 patent states that “[i]n one aspect, numerous queries are sent to numerous printers, e.g., for use in selecting one or more of the printers as the target printer.” Id. at 19:8–10. Alternatively, “the query is sent to a printer that is not necessarily the target printer as described herein, e.g., when the query or information received from a response to the query is used for the selection of the target printer.” Id. at 19:11–14. Importantly, the second embodiment states that the queried printer “is not necessarily the target printer,” suggesting that the queried printer could be the target printer even before it is determined to be such. Id. at 19:11–12 (emphasis added). Based on the evidence of record, a person of ordinary skill in the art would have understood that the “target printer” can be determined after the query recited in limitation 1.3 or the reception of configuration information recited in limitation 1.4. Thus, the evidence does not impose an ordering between limitations 1.2 and 1.3 or between limitations 1.2 and 1.4. The evidence also does not support Patent Owner’s argument that the two reverse-order examples in the ’774 patent are unclaimed embodiments.” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of success › HindsightMotivation foundDecided for petitioner
“We disagree that Petitioner’s arguments are based on impermissible hindsight, because they are based on the disclosures in Douglas and Mark, and Petitioner has articulated a persuasive reason to combine those references without referring to the ’774 patent itself, as we discuss below. See In re McLaughlin, 443 F.2d 1392, 1395 (CCPA 1971) (an obvious rationale is not improper hindsight if it “takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure”).” slip op. at 29
Patent outcomesUS 11,886,774 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,886,774 - Shenzhen Tuozhu Technology Co., Ltd. v. Stratasys, Inc.Some claims unpatentablePTAB · Sep 28, 2026 · IPR2025-00531 · APJ Hyun J Jung · IPR · Final written decision
Claims 1–11 and 13–15 are unpatentable over the stated obviousness grounds; claim 12 was not shown unpatentable.
RulingsFinal written decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Petitioner filed a Petition (Paper 2, “Pet.”) requesting institution of an inter partes review of claims 1–15 of the ’698 patent. Discretionary denial of institution was determined to be not appropriate in this proceeding, and the proceeding was referred to the Board. Paper 10. Pursuant to 35 U.S.C. § 314, we instituted an inter partes review of claims 1–15 of the ’698 patent on all presented challenges. Paper 11 (“Inst. Dec.”), 15.” slip op. at 2
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableNot shown unpatentableMixed
“Decision is issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73 (2025). For the reasons that follow, we determine that Shenzhen Tuozhu Technology Co., Ltd. (“Petitioner”) has shown by a preponderance of the evidence that claims 1–11 and 13–15, but not claim 12, of U.S. Patent No. 9,168,698 B2 (Ex. 1001, “the ’698 patent”) are unpatentable.” slip op. at 2
Patent outcomesUS 9,168,698 mixed§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,168,698 - Alliance Laundry Systems, LLC v. Payrange LLCSome claims unpatentablePTAB · Aug 19, 2026 · PGR2025-00027 · APJ George R Hoskins · PGR · Final written decision
Claims 1–6 and 8–20 are unpatentable under § 101; claim 7 was not shown unpatentable.
RulingsFinal written decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pet.”) pursuant to 35 U.S.C. §§ 321–329 to institute a post-grant review of U.S. Patent No. 11,966,920 B2 (Ex. 1001, “the ’920 patent”), claims 1–20. We issued an Institution Decision (Paper 12) granting the petitioned review. slip op. at 2
- Skill levelOther
“B. Level of Ordinary Skill in the Art Petitioner contends a person having ordinary skill in the art pertaining” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for patent owner
“thereby supporting our conclusion that the plain and ordinary meaning of “affordance” in claim 1 refers to an interactive user interface element.” slip op. at 30
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“For the foregoing reasons, we conclude Petitioner’s reliance on Low’s” slip op. at 21
Patent outcomesUS 11,966,920 mixedClaim construction§ 101 eligibility§ 103 obviousnesscites Alice · Mayo · Bilski · Berkheimer · Enfish · Electric Power · KSRPatents in suitUS 11,966,920 - Apple Inc. v. Smart Mobile Technologies LLCSome claims unpatentablePTAB · Jun 3, 2026 · IPR2022-00981 · APJ Jameson Lee · IPR · Remand
On remand, claims 8–11, 13, 17, and 19 were held unpatentable over Rautiola, Regnier, and Sainton; claim 15 was not shown unpatentable.
RulingsRemand decision- RemandMixed
“8–11, 13, 15, 17, and 19, and remanded “for consideration of the patentability of those claims.” Id. at 14. We understand both the reversal and vacature are with respect to Ground 1 of alleged unpatentability, not Ground 2, because the Federal Circuit’s decision did not discuss anything relating to Ground 2. Paper 43. The parties agreed. Paper 44. In this remand proceeding, neither party requested the filing of additional briefing or evidence. In a telephone conference call, both parties expressed agreement with the Board (1) that “there is no issue regarding collateral estoppel or issue preclusion with respect to dependent claims 8– 11, 13, 15, 17, and 19, and (2) that the remand proceeding would not involve the Board revisiting any matter or issue concerning alleged obviousness of claims 1, 8, 9, 11, 13, 17, and 19 over Ground 2.4 Papers 43, 44. The parties also agreed that the remand proceeding would only involve the Board reviewing the alleged obviousness of dependent claims 8–11, 13, 15, 17, and 19 as obvious over Rautiola, Regnier, and Sainton. Id. We have authority to conduct this inter partes review under 35 U.S.C. § 6. This Final Written Decision on Remand is issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73. On the record before us, which is the same as the record before us at the time we issued the first final written decision (Paper 34), we determine that Petitioner has proved by a preponderance of the evidence that claims 8– 11, 13, 17, and 19, but not claim 15, of the ’936 patent are unpatentable over Rautiola, Regnier, and Sainton.” slip op. at 3
- Expert testimonyPetitioner expert creditedDecided for patent owner
“5. Petitioner’s Request to Discredit Dr. Cooklev’s Declaration Petitioner makes several arguments discrediting Dr. Cooklev’s declaration (Ex. 2031) and asserts that Dr. Cooklev’s declaration should be accorded little to no weight. Reply 13–14. We have already considered and rejected this request in the Final Written Decision issued on November 7, 2023. Paper 34, 21–23. Our reasoning need not be reiterated here. Petitioner does not persuade us that Dr. Cooklev’s declaration testimony should be accorded little to no weight.” slip op. at 15
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Patent Owner does not dispute Petition’s definition of level of ordinary skill. See generally PO Resp. Patent Owner’s expert, Dr. Cooklev, accepts Dr. Kotzin’s proposed level of ordinary skill in the art. Ex. 2031 ¶ 24. We adopt Petitioner’s proposal regarding the level of ordinary skill in the art. This level of ordinary skill in the art is supported by the testimony of Dr. Kotzin (Ex. 1003 ¶¶ 20–22) and is consistent with the level reflected in the ’936 patent and the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 9
- Obviousness (§103) › Analogous artAnalogous artDecided for petitioner
“only when it is analogous to the claimed invention.” Airbus S.A.S. v. Firepass Corp., 941 F.3d 1374, 1379 (Fed. Cir. 2019). A prior art reference constitutes analogous art if it is “from the same field of endeavor” or “reasonably pertinent to the particular problem with which the inventor is involved.” In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004). The petitioner bears the burden of establishing that a reference is analogous art. See Sanofi-Aventis Deutschland GmbH v. Mylan Pharms. Inc., 66 F.4th 1373, 1377 (Fed. Cir. 2023).” slip op. at 16
Patent outcomesUS 8,472,936 mixed§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,472,936 - Trove Brands, LLC v. Camelbak Products, LLCSome claims unpatentablePTAB · Jun 2, 2026 · IPR2025-00140 · APJ Carl M Defranco · IPR · Final written decision
Claims 1–6 are unpatentable as obvious; claims 7–18 were not shown unpatentable because Ribarits does not disclose a mouthpiece disposed on the pivotal mount.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Trove contends that a person of ordinary skill in the art “would have had an undergraduate degree in mechanical engineering or equivalent coursework, and a year or more of experience in designing, prototyping, and/or manufacturing fluid containers or similar products” and that “[m]ore work experience may substitute for a lower level of education, and vice versa.” Pet. 15 (citing Ex. 1002 ¶ 25). While CamelBak offers “a similar, though slightly different level,” it nonetheless “discerns no material difference between the definitions provided by the parties for purposes of the Board’s decision in this proceeding.” PO Resp. 27. That being the case, we adopt Trove’s proposed definition of the level of skill in the art, as it is 2 JP 2002-211613A, published July 31, 2002 (Ex. 1004, “Nakajima”). 3 WO 2004/063042 A2, published July 29, 2004 (Ex. 1006, “Ribarits”). 4 US 4,485,963, issued Dec. 4, 1984 (Ex. 1007, “Panicci”). 5 US 6,523,711 B1, issued Feb. 25, 2003 (Ex. 1008, “Hughes”). reasonable and consistent with what is reflected in the asserted prior art and the specification of the ’250 patent. B. Claim Construction” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“We will not bite. CamelBak’s original assertion—that the plain and ordinary meaning of the constituent parts of “mouth” and “piece” is “a piece (or part) that goes in the mouth”—underscores the fallacy of CamelBak’s additional physical contact requirement. PO Resp. 28 (emphasis added). Indeed, in support of that earlier assertion, CamelBak pointed to the very dictionary definition that we relied on at institution in construing “mouthpiece” as a part that either “goes in the mouth or to which the mouth is applied.” See id. at 31 (citing Ex. 2005 (emphasis added)). Even the original testimony of CamelBak’s own expert confirms that one skilled in the art “would understand that the term ‘mouthpiece’ is commonly known in the art as a part designed for a user’s mouth,” without any requirement for physical contact with the mouth. Ex. 2016 ¶ 58 (citing Ex. 2005) (emphasis added)). And nothing in the Specification limits that common understanding. Although, indisputably, the Specification contemplates an embodiment where the user physically contacts the mouthpiece with their teeth (i.e., a bite-actuated mouthpiece), it also contemplates an embodiment where the user simply inserts the bottle in their mouth and commences fluid flow by squeezing it. See Ex. 1001, 10:9–13. That disclosure supports a meaning of “mouthpiece” that simply requires placement in the opening of the user’s mouth without necessarily incurring physical contact with some portion of the mouth, such as the teeth, tongue, or lips. Indeed, had CamelBak wished to premise the meaning of “mouthpiece” on some sort of physical contact with the mouth, it knew how to do so. For instance, the independent claims of CamelBak’s earlier ’255 patent, which is the subject of the related 1137 IPR, are limited in just such a manner, as they recite “wherein the resilient mouthpiece is adapted to resiliently compress responsive to compressive forces applied to the resilient mouthpiece by a user’s teeth.” Ex. 2023, at 20–25 (emphasis added). Thus, we reject CamelBak’s attempt to narrow our construction of “mouthpiece” to something other than “a part (as of an instrument) that goes in the mouth or to which the mouth is applied.” Neither the intrinsic nor extrinsic evidence supports the narrower construction proposed by CamelBak.” slip op. at 11
- Expert testimonyPetitioner expert discountedDecided for patent owner
“In reply, Trove argues that CamelBak’s “novel” construction that the mouthpiece moves with rotational motion about that same axis of rotation defined by the two joint as the pivotal mount and in the same direction as the pivotal mount “are inconsistent with the claim language’s plain and ordinary meaning and find no support in the intrinsic and extrinsic record.” See Pet. Reply 16. But, because we find that, when properly construed, the claimed “pivotal movement with the pivotal mount” about “two joints that define a pivotal axis” requires that the mouthpiece rotate about the same axis and in the same direction as the pivotal mount, we reject Trove’s argument as unavailing. And, although we agree with Trove that Nakajima’s mouthpiece engages in counter-clockwise rotation about a “Second Pivot Axis” when Nakajima’s lid 4 is opened (id. at 20–22), that rotation is about a different axis—one defined by Nakajima’s protrusions 24 rather than the claimed “pivotal axis” defined by Nakajima’s hinge shafts 19—and in a different manner—an upward and counterclockwise path rather than the claimed “pivotal movement with the pivotal mount” defined by Nakajima’s lid 4. Finally, in an alternative theory, Trove and its expert use “image- manipulation tools” in an attempt to show that Nakajima’s mouthpiece engages in some initial “clockwise-rotation” with Nakajima’s lid as it is opened. See Pet. Reply 18–24. We reject that theory as entirely conjectural and unsupported by the evidence.” slip op. at 39
- Obviousness (§103) › Motivation to combine / reasonable expectation of successNot shown unpatentableNot shown unpatentable
“We disagree. As discussed above, the proper construction of “for pivotal movement with the pivotal mount” requires that the mouthpiece mirror the rotational movement of the pivotal mount, i.e., rotate about the same axis as the pivotal mount and in the same direction as the pivotal mount. See supra § II.B.3. But Nakajima’s mouthpiece does neither, and, thus, does not exhibit the claimed “pivotal movement with the pivotal mount” about “two joints that define a pivotal axis for . . . the pivotal mount axis,” as properly construed.” slip op. at 36
Patent outcomesUS 11,851,250 mixedClaim construction§ 103 obviousnessPatents in suitUS 11,851,250 - Google LLC / Motorola Mobility LLC v. Multifold International Incorporated Pte. Ltd.No claims unpatentablePTAB · May 13, 2026 · IPR2025-00058 · APJ Arthur M Peslak · IPR · Final written decision
Claims 1, 2, 4, 6, 9, 10, 12–14, and 18–20 were not shown unpatentable because Petitioner failed to establish its challenges by a preponderance of the evidence.
RulingsFinal written decision- BurdenNot shown unpatentable
“IV. CONCLUSION Weighing the competing evidence and testimony, we determine that Petitioner fails to establish by a preponderance of the evidence that the Challenged Claims of the ’494 patent are unpatentable.” slip op. at 85
- ExcludeNot reached
“III. PETITIONER’S MOTION TO EXCLUDE Petitioner moves to exclude Exhibits 2034–2038, paragraphs 38 and” slip op. at 84
Patent outcomesUS 9,158,494 not shown unpatentableNonecites KSR · GrahamPatents in suitUS 9,158,494 - PTAB · May 13, 2026 · IPR2025-01444 · APJ George R Hoskins · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed the entire patent term, entering judgment against claims 1–6.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during an inter partes review proceeding. See 37 C.F.R. § 42.73(b). In addition, “[a]ctions construed to be a request for adverse judgment include: (1) Disclaimer of the involved application or patent; [and] (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. Because Patent Owner has explicitly requested adverse judgment against itself pursuant to Rule 42.73(b), and has disclaimed the entire term of the ’584 patent, Patent Owner’s request for adverse judgment is granted. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Adverse Judgment is granted; and FURTHER ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1–6 of the ’584 patent.” slip op. at 3
NonePatents in suitUS 7,547,584 - PTAB · May 13, 2026 · IPR2025-01082 · APJ David C Mckone · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed the entire patent term, entering judgment against claims 1–10.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during an inter partes review proceeding. See 37 C.F.R. § 42.73(b). In addition, “[a]ctions construed to be a request for adverse judgment include: (1) Disclaimer of the involved application or patent; [and] (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. Because Patent Owner has explicitly requested adverse judgment against itself pursuant to Rule 42.73(b), and has disclaimed the entire term of the ’181 patent, Patent Owner’s request for adverse judgment is granted.” slip op. at 3
NonePatents in suitUS 6,888,181 - Motorola Mobility LLC / Google LLC v. Multifold International Incorporated Pte. Ltd.All claims unpatentablePTAB · Apr 28, 2026 · IPR2025-00040 · APJ Brian P Murphy · IPR · Final written decision
Claims 1–9 are unpatentable: claims 1–4 and 6–9 as anticipated or obvious over the asserted references, and claim 5 as obvious over Yook or Yook in view of Purcell.
RulingsFinal written decision- BurdenDecided for petitioner
“We disagree with Patent Owner’s argument because the Petition presents argument and evidence that substantively demonstrates, with clarity and particularity, how and why each reference discloses, teaches, suggests, or otherwise renders obvious the displaying element recited in limitation 1[B]. We agree with Petitioner that “Patent Owner neglects to address the actual substance of the Petition, which clearly addresses this limitation with respect to each reference.” Reply 1–2. The Petition addresses in detail how each asserted reference discloses displaying two applications on two separate displays in accordance with the displaying element, by presenting multiple annotated figures from Yook, Lee, Aguilar, and Purcell. Pet. 27–30, 47–50, 62–63, 77–78. The Petition also cites and quotes the accompanying descriptions for the annotated figures from each prior art reference as well as explanatory expert opinion testimony from Dr. Rodriguez. Id. (citing Rodriguez Decl. Ex. 1003 ¶¶ 70–74, 119–122, 149–150, 182–183; Yook Ex. 1004 ¶¶ 47, 51, 58, 96–101, Figs. 4b, 4d, 5; Lee Ex. 1005 ¶¶ 48–53, Figs. 4, 6, 9, 10; Aguilar Ex. 1006, 7:1–7, Figs. 5–5d; Purcell Ex. 1007 ¶ 16, Fig. 2). We provide detailed examples below of how the Petition maps Yook and Lee onto the displaying element of limitation 1[B] in compliance with the particularity requirement of 35 U.S.C. § 312(a)(3); 37 C.F.R. § 42.104(b)(4). Although we do not provide detailed examples directed to Aguilar and Purcell, we find the Petition maps Aguilar and Purcell onto the displaying element of limitation 1[B] in compliance with the particularity requirement of 35 U.S.C. § 312(a)(3) and 37 C.F.R. § 42.104(b)(4).” slip op. at 14
- Strike new argumentNew argument disregardedDecided for petitioner
“Instead, Patent Owner chose to raise an entirely new theory of patentability. Sur-Reply 3–13; Tr. 28:8–20. Patent Owner’s new theory is based on a claim construction that construes claim 1 of the ’756 patent as “recit[ing] a specific order of steps that must be performed in the order written.” Id. at 3–4. “Because of this order, the [displaying element] must occur after both (two) ‘selecting’ steps,” and Patent Owner contends none of the prior art references asserted in the Petition “meets the order required by claim 1.” Id. at 4. We will not consider Patent Owner’s new theory of patentability raised for the first time in its Sur-Reply. See Apple Inc. v. e-Watch, Inc., IPR2015-00412, Paper 50, 44 (PTAB May 6, 2016) (“‘Respond,’ in the context of 37 C.F.R. § 42.23(b), does not mean embark in a new direction with a new approach”); see also Optivus Tech., Inc. v. Ion Beam Appl’ns S.A., 469 F.3d 978, 989 (Fed. Cir. 2006) (argument raised for the first time in the reply brief, which could have been raised in the opening brief, is waived). Patent Owner should have raised its “specific order of steps” argument in the Response. By failing to do so, Patent Owner has waived the argument. Id.” slip op. at 22
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“Third, we are further persuaded by Dr. Surati’s testimony that the wave shape visual indicator depicted in Figures 10A–C of the ’756 patent indicates that a user can do something, but not necessarily what that something is (e.g., minimizing or maximizing). Id. at 17 (citing Ex. 1012, 200:1–6). It is telling that Dr. Surati testified that only through repeated use and exposure would a user recognize a relationship between a wave shape and the functions of maximizing or minimizing an application. Id. (citing Ex. 1012, 197:13–199:22). We are also persuaded by Dr. Rodriguez’s testimony regarding the teachings of Yook: Yook therefore teaches giving users the ability to transition a split-screen application back into full screen mode. Further, a POSITA would have understood that this ability would undoubtedly be implemented in the form of a visual indicator, which, from the 2000s to today, is the industry’s universal method of alerting a user to an accessible function. . . . Ex. 1003 ¶ 107 (emphasis added); For claim 5, Yook discloses many different types of “icons” that are used to receive user gesture inputs. See, e.g., Figs. 1, 4e, 5a, 5c, 5d, 6, 7a, 7b, 7c, 8, 9, 10, 11, 12, 13. Examples of these icons are displayed below: Id. ¶ 108; and A POSITA would have understood that Yook’s icons can have a wave shape because the shape taken by a visual indicator, or icon, is merely a matter of common and routine design choice. Indeed, the shape of an icon does not affect its function or how a gesture input is received. Id. ¶ 109 (emphasis added). In short, we are persuaded Petitioner has established by a preponderance of the evidence that a displayed visual indicator that “has a wave shape” is a design choice not affecting the function of the visual indicator, and a visual indicator that “has a wave shape” would have been an obvious design choice to a POSITA in view of Yook.” slip op. at 30
- Skill levelSkill level board ownDecided for petitioner
“In determining the level of ordinary skill in the art, various factors may be considered, including the “type of problems encountered in the art; prior art solutions to those problems; rapidity with which innovations are made; sophistication of the technology; and educational level of active workers in the field.” In re GPAC, Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (citing Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 962 (Fed. Cir. 1986)). “These factors are not exhaustive but are merely a guide to determining the level of ordinary skill in the art.” Daiichi Sankyo Co. v. Apotex, Inc., 501 F.3d 1254, 1256 (Fed. Cir. 2007). There is uncontested evidence in the record before us that reflects the knowledge and experience of a POSITA. We adopt the parties’ agreed level of ordinary skill in the art, which is consistent with the description in the ’756 patent and the prior art of record.” slip op. at 9
Patent outcomesUS 9,134,756 unpatentableClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 9,134,756
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.