- PTAB · Jan 15, 2025 · IPR2024-01044 · APJ John D Hamann · IPR · Institution
The Board instituted IPR on claims 1, 4, 8–23, and 27 on all asserted grounds, finding a reasonable likelihood that Jones renders at least claim 1 obvious.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“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); see 37 C.F.R. § 42.108 (2024). Upon consideration of the papers, 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 challenged claim of the ’629 patent.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner argues that one of ordinary skill in the art “would have had a bachelor’s degree in electrical engineering, computer engineering, computer science, or a related field, and at least 2–4 years of experience in the field of wireless communication,” and that “[e]quivalent education, work, or experience in this field could substitute for the foregoing qualifications.” Pet. 20 (citing Ex. 1005 ¶ 82). Patent Owner adopts Petitioner’s definition. Prelim. Resp. 22. For purposes of this Decision, we adopt Petitioner’s definition of the level of skill for one of ordinary skill in the art. Pet. 20. We view the” slip op. at 6
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningOther
“Here, neither party sets forth any term that we need to construe. Pet. 5–6; Prelim. Resp. 23. Thus, for purposes of our Decision on Institution, we afford the claim terms their plain and ordinary meaning. See, e.g., Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)) (“[W]e need only construe terms ‘that are in controversy, and only to the extent necessary to resolve the controversy.’”).” slip op. at 7
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“52 subcarriers are used while “the DC subcarrier and 11 subcarriers near the edges of the 20 MHZ channel are not used for data transmission” (i.e., are set to zero). Ex. 1014, 2:14–30 (explaining the long training sequence for a conventional 802.11a preamble), 6:11–15. Notably, Jones also teaches that “packet formation block 314 may insert appropriate complex values at unused . . . subcarrier locations in each group of symbols D[k],” and that “any or all of the subcarriers k may be used to transmit data, thereby increasing the data rate.” Id. at 6:15–20 (emphasis added); see also id. at 8:22–24 (teaching that an extended long training sequence “can contain more than 52 non-zero subcarriers”). At this stage, we credit Dr. Buehrer’s testimony that one of ordinary skill in the art would have been motivated to “add[] four subcarriers to 802.11a data and training fields [to] increase[] data rate throughput as taught in . . . Jones,” as this testimony is consistent with Jones’s teachings. Ex. 1005 ¶ 107. In addition, we agree with Petitioner and find that one of ordinary skill in the art extending the long training sequence would want to use the same 52 center subcarriers to maintain backwards compatibility with 802.11a. Pet. 28–29. This is supported by Jones’s teaching of having a long training sequence that “is usable in a process for determining whether the packet is an 802.11a packet or an extended-mode packet.” Ex. 1014, 8:37– 40. Moreover, Jones’s L2 example of an extended long training sequence maintains the same 52 center subcarriers as 802.11a, which also supports this finding. Id. at Fig. 4; Ex. 1005 ¶¶ 96, 113. Thus, up to 11 subcarriers unused in 802.11a could be used for an extended long training sequence. “more than 52 non-zero subcarriers” can be used for an extended long training sequence, which explicitly teaches that only a portion of the 11 subcarriers may be used. Ex. 1014, 6:15–20, 8:22–24. In light of the above teachings, we find that one of ordinary skill in the art would have found it obvious to use only the next 4 nearest to the center of these 11 unused subcarriers. Ex. 1005 ¶ 87. The remaining 7 subcarriers would remain at zero.” slip op. at 15
Claim construction§ 103 obviousnesscites Phillips · Graham - PTAB · Jan 8, 2025 · IPR2024-00959 · APJ George R Hoskins · IPR · Institution
The Board instituted IPR of claims 1–10 on all petitioned grounds after finding a reasonable likelihood that Google would prevail on at least one challenged claim.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pursuant to 35 U.S.C. § 314(a), institution of review requires the information in the record to demonstrate a reasonable likelihood that Petitioner would prevail with respect to at least one challenged claim. Applying that standard on behalf of the Director (37 C.F.R. § 42.4(a)), we institute an inter partes review to determine whether Petitioner demonstrates by a preponderance of the evidence that claims 1–10 are unpatentable, considering all grounds in the Petition.” slip op. at 2
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“Patent Owner’s position in this regard invites us to err “by looking at [Fisher] individually” and separately from Kuwata, because “[t]he question in an obviousness inquiry is whether it would have been obvious to a person of ordinary skill in the art to combine the relevant disclosures of the two references, not whether each individual reference discloses all of the necessary elements.” Palo Alto Networks, Inc. v. Centripetal Networks LLC, 122 F.4th 1378, 1385–86 (Fed. Cir. 2024) (quoting Game & Tech. Co. v. Wargaming Grp. Ltd., 942 F.3d 1343, 1352 (Fed. Cir. 2019)); In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986) (nonobviousness is not established by attacking references individually when unpatentability is predicated upon a combination of prior art disclosures); see also KSR, 550 U.S. at 420–421 (stating “[a] person of ordinary skill is also a person of ordinary creativity, not an automaton,” and “in many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle”). Finally, as to motivation for combining Kuwata and Fisher to practice the invention of claim 1, Petitioner’s contentions and Dr. Stevenson’s testimony justify institution of review. In particular, Dr. Stevenson testifies that a person of ordinary skill in the art would have been motivated, in light of Fisher’s disclosures regarding updating of data files on a camera, to configure Kuwata’s camera to download updated image processing control data from a server via the Internet, in order to pair the camera with various printers including printers that were not yet on the market when the camera was manufactured. See Pet. 15–18, 22–26; Ex. 1003 ¶¶ 86–89, 102–108. Based on the present record, we conclude Kuwata does not teach away from this combination, as Patent Owner would have it. Kuwata merely discloses that the camera manufacturer (as opposed to individual users of the camera) is in the best position to optimize the output control information CI utilized by the camera to reduce differences between images displayed to the user by the camera and images that are outputted by particular printers. See Ex. 1005 ¶¶ 75, 77. This does not detract from the benefits of updating the output control information CI after the camera is manufactured, for example so that the camera can be paired with printers that were not yet on the market when the camera was manufactured. Indeed, Fisher recognizes that “a manufacturer may create various ancillary data files 418, and make the ancillary data files 418 available on a distributed computer network like the Internet for subsequent downloading and utilization by camera device 110.” Ex. 1006 ¶ 55. That teaching in Fisher dovetails with Kuwata’s disclosure concerning camera manufacturers optimizing their cameras with various different printers. For the foregoing reasons, we conclude the preliminary record supports, sufficiently to justify institution, Petitioner’s contention that a person of ordinary skill in the art would have been motivated to combine Kuwata and Fisher to practice the invention of claim 1.” slip op. at 24
- Obviousness (§103) › Motivation to combine / reasonable expectation of success › Teaching awayTeaching away not foundDecided for petitioner
“Patent Owner’s position in this regard invites us to err “by looking at [Fisher] individually” and separately from Kuwata, because “[t]he question in an obviousness inquiry is whether it would have been obvious to a person of ordinary skill in the art to combine the relevant disclosures of the two references, not whether each individual reference discloses all of the necessary elements.” Palo Alto Networks, Inc. v. Centripetal Networks LLC, 122 F.4th 1378, 1385–86 (Fed. Cir. 2024) (quoting Game & Tech. Co. v. Wargaming Grp. Ltd., 942 F.3d 1343, 1352 (Fed. Cir. 2019)); In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986) (nonobviousness is not established by attacking references individually when unpatentability is predicated upon a combination of prior art disclosures); see also KSR, 550 U.S. at 420–421 (stating “[a] person of ordinary skill is also a person of ordinary creativity, not an automaton,” and “in many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle”).” slip op. at 24
- Skill levelSkill level petitioner adoptedDecided for petitioner
“D. Level of Ordinary Skill in the Art Petitioner contends a person having ordinary skill in the art pertaining to the ’082 patent “would have had at least a bachelor’s degree in electrical engineering, computer science, or related engineering disciplines, and two years of experience in digital image processing,” wherein “[r]elevant work experience can substitute for formal education and additional education could substitute for work experience.” Pet. 5; Ex. 1003 ¶ 60. “Patent Owner does not dispute the level of skill for a person of ordinary skill in the art . . . set forth in the Petition.” Prelim. Resp. 11–12. For purposes of this Decision, we adopt Petitioner’s assessment of the level of ordinary skill in the art, as it appears to be consistent with the ’082 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 10
Claim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 7,428,082 - Google LLC v. 138 East LCD Advancements LimitedInstituted in partPTAB · Jan 8, 2025 · IPR2024-00957 · APJ George R Hoskins · IPR · Institution
The Board instituted review of claims 1–8, 10–16, and 18 on all petitioned grounds, but did not institute review of disclaimed claims 9 and 17.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pursuant to 35 U.S.C. § 314(a), institution of review requires the information in the record to demonstrate a reasonable likelihood that Petitioner would prevail with respect to at least one challenged claim. Applying that standard on behalf of the Director (37 C.F.R. § 42.4(a)), we institute an inter partes review to determine whether Petitioner demonstrates by a preponderance of the evidence that claims 1–8, 10–16, and 18 are unpatentable, considering all grounds in the Petition directed to those claims. We do not institute review as to claims 9 and 17 on any ground because they have been disclaimed. See 37 C.F.R. § 42.107(e).” slip op. at 2
- Adverse judgmentAdverse judgment
“disclaimer,” and “[n]o inter partes review will be instituted based on disclaimed claims.” 37 C.F.R. § 42.107(e). As a result of the statutory disclaimer, claims 9 and 17 are no longer regarded as claims challenged in the Petition. See Vectra, 162 F.3d at 1383 (“This court has interpreted the term ‘considered as part of the original patent’ in section 253 to mean that the patent is treated as though the disclaimed claims never existed.”) (citing Guinn v. Kopf, 96 F.3d 1419, 1422 (Fed. Cir. 1996)); see also Sanofi-Aventis U.S., LLC v. Dr. Reddy’s Labs., Inc., 933 F.3d 1367, 1372–75 (Fed. Cir. 2019) (disclaimer of claims during District Court patent infringement litigation “mooted any controversy” over the disclaimed claims, ending the Article III case or controversy requirement for District Court jurisdiction). In considering Federal Circuit precedent and our rules, we conclude we cannot institute a trial on claims that have been disclaimed, and, thus, no longer exist. Our conclusion is consistent with the statutory scope of inter partes review as laid out in 35 U.S.C. §§ 311(b) and 318(a) and is not at odds with SAS, supra. See, e.g., SAS, 584 U.S. at 367 (recognizing that “the claims challenged ‘in the petition’ will not always survive to the end of the case; some may drop out thanks to the patent owner’s actions”). Accordingly, we treat claims 9 and 17 as having never been part of the ’056 patent, such that Petitioner cannot seek inter partes review of those claims. Thus, we deny institution of review as to whether disclaimed claims 9 and 17 are unpatentable per Petitioner’s Grounds Three and Four.” slip op. at 32
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Patent Owner does not dispute the level of skill for a person of ordinary skill in the art . . . set forth in the Petition.” Prelim. Resp. 8; Ex. 2001 ¶¶ 27–28. For purposes of this Decision, we adopt Petitioner’s assessment of the level of ordinary skill in the art, as it appears to be consistent with the ’056 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction needed
“Petitioner argues “[n]o terms need to be construed . . . to resolve unpatentability.” Pet. 16–17. “Patent Owner contends that the claim terms should receive their ordinary and customary meaning in light of the specification and prosecution history, as understood by a person of ordinary skill in the art.” Prelim. Resp. 8. Patent Owner does not proffer any constructions for particular terms. See id. Based on the arguments and evidence presented at this time, we determine no explicit construction is needed to resolve the parties’ controversy. 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 10
Claim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 7,454,056 - PTAB · Jan 7, 2025 · IPR2024-01052 · APJ Brian D Range · IPR · Institution
The Board instituted IPR on claims 1–20 on all four asserted obviousness grounds, finding a reasonable likelihood of success and insufficient nexus for GoPro’s objective-indicia evidence.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Under 35 U.S.C. § 314(a), an inter partes review may not be instituted 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.” The following findings of fact and conclusions of law are not final but are made solely to determine whether Petitioner meets the threshold for initiating review. Any final decision shall be based on the full trial record, including any response timely filed by Patent Owner. Any arguments not raised by Patent Owner in a timely-filed response may be deemed waived. For the reasons stated below, we determine that Petitioner has established a reasonable likelihood that it would prevail with respect to at least one claim. We hereby institute an inter partes review as to claims 1–20 of the ’832 patent based upon Petitioner’s asserted grounds of unpatentability.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner contends that a person of ordinary skill in the art would have the following characteristics: “a bachelor’s degree in engineering or computer science, or equivalent field, and two years of experience working on image or video processing or digital cameras[; a]lternatively, . . . four years of experience working on image or video processing or digital 7 Objective evidence of nonobviousness is presently asserted. Prelim. Resp. 23–30. cameras.” Pet. 6 (citing Ex. 1002 ¶¶ 36–38). Petitioner further contends “[a]n advanced graduate degree in the disciplines cited above may make up for the work experience indicated above.” Id. Patent Owner does not dispute the level of ordinary skill in the art. Prelim Resp. 3. For purposes of this Decision, we adopt Petitioner’s proposal as reasonable and consistent with the ’832 patent specification and the prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (the prior art may reflect an appropriate level of skill in the art).” slip op. at 12
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“any viewing window determined for frames of a video is sufficient to be a function of progress merely because they are frames of a video that can be played back.” Prelim. Resp. 14. This argument is unpersuasive because it does not consider the entire context of claim 1. The relevant recitation requires more than just playback; instead, the recitation requires determining “a viewing window for the visual content as a function of progress through the progress length based on the rotational positions of the image capture device as the function of progress through the capture duration.” Ex. 1001, 28:44–48 (emphases added). The recitation as a whole requires making a specific determination for the viewing window at different points in time. Patent Owner also argues that “Petitioner’s theory would improperly render the limitation superfluous” because the claim elsewhere requires that visual content be viewable as a function of progress. Prelim. Resp. 14–15. Similarly, Patent Owner argues that the claims already require obtaining rotational positions as a function of progress. Id. at 20–21. We disagree that the limitation is superfluous. Aside from playback or obtaining rotational information, claims 1 and 11 also require that the viewing window be determined for different times within the video. In other words, if the viewing window were determined only once and this single determination were applied to every frame of an entire video, this would not meet the recitation, even if the video could be played back. slip op. at 18
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner
“Based on the evidence presented, Petitioner adequately establishes that a person having ordinary skill in the art would have had reason to combine the teachings of Thomason and Pacurariu with a reasonable expectation of success. Ex. 1002 ¶¶ 76–81, 89–92; Ex. 1004 ¶¶ 4, 8, 9, 27, 29, 35; Ex. 1005 ¶¶ 26, 41, 46, 51–52, 55–57, Figs. 6–7. Pecurariu and Thomason are in the same field of endeavor, and we agree with Petitioner, on this record, that a person having ordinary skill in the art would have understood that Pecurariu’s teachings would have predictably improved Thomason. Patent Owner argues that Petitioner does not adequately establish reason to combine with rational underpinning. Prelim. Resp. 5–10. In particular, Patent Owner quotes the Petition at pages 23–24 and argues that these statements regarding reason to combine are unexplained and conclusory. Id. at 6–7. On the present record, we disagree with Patent Owner. Petitioner’s statements regarding reason to combine must be considered in view of the context provided by the entire Petition including Petitioner’s discussion of the teachings of Thomason and Pacurariu individually. See, e.g., Pet. 8–46. Similarly, the opinions of Dr. Katsaggelos regarding reason to combine (see, e.g., Ex. 1002 ¶¶ 89–92, 95, 104, 112, 115) must be considered given the complete context of Dr. Katsaggelos’s discussion of the cited art and technology. Id. ¶¶ 47–115. As explained above, Petitioner and Dr. Katsaggelos explain the references’ teachings and, based on these teachings, assert that a person having skill in the art would have had reason to combine with reasonable expectation of success based on those teachings. Reason to combine may properly come from the references themselves. KSR Int’l Co., 550 U.S. at 418 (explaining reason to combine may come from “interrelated teachings of multiple patents). On this record and based on the teachings of these references and the great similarity of the references’ technology, as we discuss above and, in more detail, below, Petitioner has a reasonable likelihood in showing that a person having skill in the art would have had reason to combine the teachings of the references with a reasonable expectation of success.” slip op. at 34
Claim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,336,832 - PTAB · Jan 7, 2025 · IPR2024-00984 · APJ Nabeel U Khan · IPR · Institution
The Board instituted IPR on claims 1, 6, and 7 on all petitioned grounds, finding a reasonable likelihood of prevailing on the Meulen and Chao obviousness ground.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“An inter partes review may not be instituted “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.” 35 U.S.C. § 314(a) (2018). Having considered the arguments and evidence presented by Petitioner and Patent Owner, we determine that Petitioner has demonstrated a reasonable likelihood of prevailing on at least one of the challenged claims of the ’413 patent. We institute inter partes review as to all the challenged claims of the ’413 patent on all the grounds of unpatentability set forth in the Petition.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“relevant field “would have a bachelor’s degree in engineering or computer science, or equivalent field, and two years of experience working on image or video processing, or digital cameras,” or alternatively “would have four years of experience working on image or video processing, or digital cameras.” Pet. 6. Petitioner further argues that an “advanced graduate degree” may “make up for the work experience.” Id. (citing Ex. 1002 ¶¶ 33–34). At this stage of the proceeding, “Patent Owner applies Petitioner’s proposed level of skill.” Prelim. Resp. 3. For purposes of this Decision, we adopt Petitioner’s proposed level of ordinary skill because it is consistent with the level of skill in the art at the time of the invention as reflected by the ’413 patent and the cited prior art.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Petitioner argues that no claim terms “require a formal construction” and that “Petitioner interprets the challenged claims based on the breadth of GoPro’s infringement allegations.” Pet. 6 at n2. Patent Owner asserts that several claim terms are disputed in the parallel ITC litigation, but “none of them need to be resolved by the Board.” Prelim. Resp. 4 (citing Ex. 2001 ¶ 34). We determine that, at this stage of the proceeding, no explicit constructions are required to resolve the dispute between the parties. A final determination as to claim construction will be made at the close of the proceeding, after any hearing, based on all the evidence of record. The parties are expected to assert all their claim construction arguments and evidence in the Petition, Patent Owner’s Response, Petitioner’s Reply, Patent Owner’s Sur-reply, or otherwise during trial, as permitted by our rules.” slip op. at 9
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundInstituted
“persuaded, at this stage of the proceeding, by Petitioner’s arguments for the reasons summarized above. Specifically, we agree that the combination of Meulen and Chao teaches non-uniform pixel shifting. Contrary to Patent Owner’s argument, we agree with Petitioner that by teaching image scaling, Meulen teaches that pixels are shifted based on a scaling factor from the input to output positions. Further, we also agree that by disclosing stretching or shrinking of its background elements Chao also teaches pixel shifting. Petitioner argues that because Meulen mentions scaling of images without providing the details of how to perform scaling, a person of ordinary 1002 ¶ 262). Based on the teachings of these references and the similarity of the references’ technology, we determine Petitioner has established a reason to combine Meulen and Chao with a reasonable expectation of success in doing so.” slip op. at 19
Claim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,015,413 - Commscope Technologies LLC. v. Belden Inc.All claims unpatentablePTAB · Dec 18, 2024 · IPR2023-01061 · APJ Kimberly Mcgraw · IPR · Final written decision
Claims 19, 20, and 22 are unpatentable as obvious over Yanagita, Jachimowicz, and, for claims 20 and 22, Gingue; alternative grounds were not reached.
RulingsFinal written decision- Expert testimonyPetitioner expert creditedOther
“Based on the record before us and crediting this testimony by Mr. Cornelison, we agree that a POSITA would have understood that Yanagita” slip op. at 20
- Skill levelSkill level petitioner adoptedDecided for petitioner
“understanding of a person of ordinary skill in the art (sometimes abbreviated herein as “POSITA”). Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966). Petitioner argues that a “person of ordinary skill in the art of the ’537 patent would have had a bachelor’s degree in electrical engineering and a minimum of 3–4 years of industry experience in connection with designing, manufacturing, and testing of twisted-pair data cables.” Pet. 14 (citing Ex. 1007 ¶ 12). Petitioner also argues an “individual with a master’s degree in electrical engineering would require less industry experience (e.g.,1–2 years).” Id. (citing Ex. 1007 ¶ 12). Patent Owner did not dispute this proposed definition prior to institution. See generally Prelim. Resp. In our Decision on Institution, we adopted Petitioner’s proposal. During the trial, neither party expressly disputed our definition of a POSITA or explicitly argued that the outcome of this case would differ based upon our adoption of any particular definition of a POSITA. See generally Pet. Reply; PO Resp. Upon review of the full record, we see no reason to modify, and we thus maintain, the definition of a POSITA applied in our Decision on Institution.” slip op. at 11
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownPlain and ordinary meaningDecided for patent owner
“After institution, Patent Owner argued that the plain and ordinary meaning of twisted pairs requires “two insulated conductors twisted together around one another to form a balanced transmission line” as shown in Figure 4 of the ’537 patent. PO Resp. 13. Petitioner replied that Patent Owner’s addition of “balanced transmission line” to the Board’s preliminary construction is unnecessary as the dispute is whether the conductors of the asserted art are “twisted together” (i.e., twisted around each other) and that neither Petitioner nor Patent Owner dispute that if a pair of conductors are twisted around one another, they form a balanced transmission line. See Pet. Reply 1. Based upon a full record, we maintain our construction of the term “twisted pairs,” which both parties agree require a “pair of insulated conductors that are twisted together,” (i.e., “two insulated conductors twisted around each other”). We agree with Petitioner that no further construction of the term is required as there is no dispute between the parties that if a pair of insulated conductors are twisted together (i.e., two insulated conductors are twisted around each other), that they form a balanced transmission line. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (citing Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)) (holding that only claim terms in controversy need to be construed, and only to the extent necessary to resolve the controversy).” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“c) Motivation to Combine Based upon review of the full record, we determine Petitioner has articulated a sufficient reason a POSITA would have added the foamed polymer tape of Jachimowicz to Yanagita’s cable between core material 2 (separator) and at least one set of twisted pairs. See Pet. 40–42. In particular, Petitioner states that additing a foamed polymer tape to Yanagita’s separtor core material 2 would have been expected to improve the electrical perforamce of the cable by reducing the capitance between twisted pairs on one side of Yanagita’s separator and twisted pairs on the other side, thus reducing current leakage between them and reducing the transmission loss due to such leakage. Pet. 42 (citing Ex. 1007 ¶¶ 45, 139). Petitioner asserts that a POSITA would have been motivated to add a foamed polymer tape, such as Jachimowicz’s foamed polyethlyene tape to Yangida’s core, because it would have been expected to beneficially lower the dielectic contsant of the material between twisted pairs on either side of the separator due to the addition of low-dielectric constant foamed material. Pet. 42–43.” slip op. at 26
Patent outcomesUS 6,998,537 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 6,998,537 - Commscope Technologies LLC v. Belden Inc.All claims unpatentablePTAB · Dec 18, 2024 · IPR2023-01062 · APJ Kimberly Mcgraw · IPR · Final written decision
Claims 27–33 are unpatentable: claims 27–29 are anticipated by GmbH-866, and claims 30–33 are obvious over GmbH-866, Jachimowicz, and Gingue.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“understanding of a person of ordinary skill in the art (sometimes abbreviated herein as “POSITA”). Graham, 383 U.S. at 17–18. Petitioner argues that a “person of ordinary skill in the art of the ’095 patent would have had a bachelor’s degree in electrical engineering and a minimum of 3–4 years of industry experience in connection with designing, manufacturing, and testing of twisted-pair data cables.” Pet. 11 (citing Ex. 1007 ¶ 13). Petitioner also argues an “individual with a master’s degree in electrical engineering would require less industry experience (e.g., 1–2 years).” Id. (citing Ex. 1007 ¶ 13). Patent Owner did not dispute this proposed definition prior to institution. See generally Prelim. Resp. In our Decision on Institution, we adopted Petitioner’s proposal. During the trial, neither party expressly disputed our definition of a POSITA or explicitly argued that the outcome of this case would differ based upon our adoption of any particular definition of a POSITA. See generally Pet. Reply; PO Resp. 7 Patent Owner does not rely on evidence of secondary considerations to support its patentability arguments. See generally PO Resp.; PO Sur-reply. thus maintain, the definition of a POSITA applied in our Decision on Institution.” slip op. at 9
- Expert testimonyPatent owner expert creditedDecided for patent owner
“To the extent Petitioner argues that Dr. Eldering does not meet the minimum qualifications of a POSITA, we disagree. First, our definition of a POSITA requires 3–4 years of industry experience for those holding only a bachelor’s degree and that less years of industry experience is required for those with additional education. Inst. Dec. 8–9. Dr. Eldering holds a Ph.D. in electrical industry and, thus, less than 3–4 years of industry experience is required. Moreover, Dr. Eldering’s declaration, testimony, and CV demonstrate that Dr. Eldering has many years of industry experience with twisted pair data cables. See, e.g., Ex. 2001 ¶ 13 (discussing his 1990–1993 industry experience with twisted wire pairs, including research regarding delivery of high-speed digital data services over twisted wire pair cable), ¶ 14 (discussing industry experience at General Instrument, including the development of products using twisted wire pair cable for distribution of voice signals), ¶ 15 (discussing additional industry experience including evaluation of crosstalk in systems using twisted pair wire cabling and optimizing modulation format), App’x A; Ex. 1070, 201:1–202:7. We thus determine that Dr. Eldering’s education and industry experience qualifies him to testify regarding the perspective of a POSITA. experience of Dr. Eldering, Petitioner does not allege that Dr. Eldering is not qualified to opine from the perspective of a POSITA and did not file an objection to Dr. Eldering’s testimony under 37 C.F.R. § 42.64(b) or a motion to exclude Dr. Eldering’s testimony under 37 C.F.R. § 42.64(c). See Kyocera Senco Industrial Tools Inc. v. International Trade Commission, F.4th 1369, 1376–77 (Fed. Cir. 2022) (stating that an expert witness in a patent case must have at least an ordinary skill in the art to offer expert testimony from the perspective of a skilled artisan). We address how much weight should be given to Dr. Eldering’s testimony, as well as to Mr. Cornelison’s testimony, throughout our Decision below.” slip op. at 10
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownNo construction neededDecided for petitioner
“After institution, Patent Owner argued that the plain and ordinary meaning of “twisted pair of insulated conductors” requires “two insulated conductors twisted together around one another to form a balanced Petitioner replied that Patent Owner’s addition of “balanced transmission line” to the Board’s preliminary construction is unnecessary as the dispute between the parties centered only on whether the conductors of the asserted art are “twisted together” (i.e., twisted around each other) and that neither Petitioner nor Patent Owner dispute that if a pair of conductors are twisted around one another, they form a balanced transmission line. See Pet. Reply 1. Based upon a full record, we maintain our construction of the term “twisted pairs,” which both parties agree require a “pair of insulated conductors that are twisted together,” (i.e., “two insulated conductors twisted around each other”). We agree with Petitioner that no further construction of the term is required as there is no dispute between the parties that if a pair of insulated conductors are twisted together (i.e., two insulated conductors are twisted around each other), that they form a balanced transmission line. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (citing Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)) (holding that only claim terms in controversy need to be construed, and only to the extent necessary to resolve the controversy).” slip op. at 12
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“GmbH-866 discloses a first and second “twisted pair of insulated conductors” as required by claim 27. Anticipation is assessed from the perspective of a person of ordinarily skill in the art. Dayco Prods., 329 F.3d at 1368. The “dispositive question regarding anticipation [i]s whether one skilled in the art would reasonably understand or infer from the [prior art reference’s] teaching” that every claim element was disclosed in that single reference. Id. (quoting Baxter Travenol Labs., 952 F.2d at 390). Thus, the understand or infer that the “stranded” conductors in GmbH-866 constitute “twisted pairs,” not whether the term “stranded” or “stranding” conductors could have another meaning in another context.” slip op. at 21
Patent outcomesUS 6,570,095 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 6,570,095 - Boe Technology Group Co., Ltd. v. 138 East LCD Advancements LimitedInstitution deniedPTAB · Dec 16, 2024 · IPR2024-00976 · APJ Grace Karaffa Obermann · IPR · Institution
The Board denied institution because BOE did not show a reasonable likelihood of prevailing on claims 1–3 under any of its three obviousness grounds.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsDenied
“We have authority to institute an inter partes review where a petitioner shows a reasonable likelihood of prevailing with respect to at least one challenged claim. 35 U.S.C. § 314(a); 37 C.F.R. § 42.4(a). For reasons that follow, Petitioner does not meet that evidentiary threshold. We decline to reach the issues raised in the Reply or Sur-reply, which relate to Patent Owner’s alternative argument that a discretionary denial of the Petition is warranted.” slip op. at 2
- Skill levelSkill level petitioner adoptedOther
“education could substitute for professional experience and vice versa.” Pet. 26. Patent Owner “does not dispute the level of skill for a person of ordinary skill in the art” as “set forth in the Petition.” Prelim. Resp. 11. For purposes of this Decision, we adopt Petitioner’s unopposed definition (Pet. 26) because, on this record, it is consistent with the specification. We take note that neither party indicated that the result would change under any different definition.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“We construe terms in controversy only to the extent necessary to resolve the controversy. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)). Petitioner discusses the terms a “data line having a broad-width portion” and a “scanning line having a broad-width portion” recited in claim 1, as well as a “data line having a broad portion” and a “scanning line having a broad-width portion” recited in claim 2. Petitioner cites the ’079 patent for “offering a lexicographic definition of the term ‘broad width’” to support the plain meaning interpretation of the terms “‘broad-width portion’ and ‘broad portion’ as a portion that is broader than another portion of the subject element.” Pet. 16. Patent Owner does not provide arguments directed specifically to Petitioner’s proposed claim constructions. See Prelim. Resp. 10–11. Taking account of the information presented, we determine that no claim term requires express construction for purposes of deciding whether to institute review. Compare Pet. 16 (addressing issues of claim construction, citing the ’079 patent for supporting the plain and ordinary meaning of “broad-width portion” and “broad portion” without demonstrating that an express construction is necessary to resolve whether to institute review), with Prelim. Resp. 10–11 (addressing the merits of Petitioner’s challenges, without asserting an express claim construction). To the extent that the scope of any claim term requires discussion, however, we provide it in the following analysis of the challenges.” slip op. at 9
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentableNot shown unpatentable
“Id. (emphasis added). Sato ¶ 26 is entirely silent on scan lines and clearly links the cited benefits to “this arrangement” of “data lines composed of an Al film.” Id. Importantly, Petitioner does not connect Sato’s disclosure, relating to benefits associated with a data line arrangement, to any particular arrangement of scan lines. Sato ¶ 28 is equally deficient. Sato ¶ 28 also discusses benefits of utilizing a specific “arrangement,” namely, “capacitance lines formed of [a] metal film.” Id. ¶ 28. [0028] With this arrangement, the provision of the function as the shading layer with the capacitance lines formed of the metal film, the polysilicon film, or the like, in addition to the function as the wiring, as well as the provision of the function as the light absorption layer with the capacitance electrodes formed of the polysilicon film, or the like, in addition to the function as electrodes, prevents the laminated structure from becoming complex by additionally forming a dedicated shading layer and a dedicated light absorption layer. Accordingly, this arrangement is very advantageous by simply arranging the electro-optical device, and simplifies a manufacturing process thereof. Id. (emphasis added). Here again, Sato ¶ 28 is entirely silent on scan lines and clearly links the cited benefits to “this arrangement” of “capacitance lines formed of metal film.” Id. Petitioner does not bridge the gap in its rationale to combine by attempting to explain why an ordinarily skilled artisan would have extrapolated benefits, pertaining to an arrangement of capacitance lines, to a similar arrangement of scan lines. Petitioner’s witness, Dr. Flasck, provides no further insight as to how or why Sato ¶¶ 26 and 28 would have been understood to apply to scan lines. Dr. Flasck’s comments on Sato ¶¶ 26 and 28 merely repeat, nearly verbatim, the Petition’s conclusory contentions. See Ex. 1002 ¶ 139 (Dr. Flasck declaring “Sato specifically teaches that its device ‘is very advantageous by simply arranging the electro-optical device, and simplifies a manufacturing process thereof.’”); Pet. 37. Dr. Flasck does not cite to any additional supporting evidence other than Sato ¶¶ 26 and 28. Ex. 1002 ¶ 139.” slip op. at 15
Claim construction§ 103 obviousnesscites Phillips · GrahamPatents in suitUS 7,502,079 - Boe Technology Group Co., Ltd. v. 138 East LCD Advancements LimitedInstitution deniedPTAB · Dec 16, 2024 · IPR2024-00977 · APJ Christopher M Kaiser · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood of proving claims 7–13 and 15–20 unpatentable on any asserted ground.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“determine whether to institute an inter partes review under 35 U.S.C. § 314 and 37 C.F.R. § 42.4(a). Inter partes review may not be instituted unless “the information presented in the petition filed under [35 U.S.C.] section 311 and any response filed under [35 U.S.C.] section 313 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) (2018). “When instituting inter partes 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.” 37 C.F.R. § 42.108(a) (2023).” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“had at least a Bachelor’s degree in electrical engineering, computer science, physics, or a similar field and at least two years of experience designing semiconductor display devices, including LCD displays.” Pet. 19. Petitioner also asserts that “[a]dditional relevant work experience can compensate for less education, and vice versa.” Id. On the record presented, Patent Owner “does not dispute the level of skill for a person of ordinary skill in the art . . . set forth in the Petition.” Prelim. Resp. 8. Neither party explains why the outcome of this case would be affected by the adoption of any particular proffered definition of a person of ordinary skill in the art. For purposes of this Decision, we adopt Petitioner’s assessment of the level of ordinary skill in the art, as it appears consistent with the ’606 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
“As discussed below, we are able to determine whether to institute review without resolving the construction of any claim terms. Accordingly, we need not and do not construe any terms expressly. 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 8
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“view. First, as Petitioner admits, data line 6a is not connected to image signal line 101d and line 109 other than when sample hold circuit 101c connects them due to shift register 101b outputting an enabling signal. Pet. 49. This is supported by the layout of the four elements in Fujikawa’s Figure 2. Ex. 1005, Fig. 2 (depicting sample hold circuits 101c between and connecting data lines 6a and signal lines 101d). In addition, Patent Owner’s declarant, Dr. E. Fred Schubert, testifies that “two separate lines straddling circuitry are [not] one line.” Ex. 2001 ¶ 64. The dispute between the parties on this issue is largely one of claim construction: should the term “wiring line” in claim 7 be construed broadly enough to encompass a collection of lines separated by a sample hold circuit? In order to determine that Fujikawa discloses or teaches the recited wiring lines, we would need to answer this question in the affirmative. Yet, as discussed above, neither party proposes construing “wiring line,” or any other term used in the claims of the ’606 patent. Pet. 18; Prelim. Resp. 7. The failure to argue for and sufficiently support a broad construction of the term “wiring line” means that Petitioner does not show sufficiently, for purposes of supporting institution of review, that Fujikawa discloses or teaches the “wiring line” limitation of claim 7. b) Conclusion Regarding Claim 7 Based on the record presented, we determine that Petitioner has not shown that there is a reasonable likelihood that Petitioner will prevail in demonstrating that claim 7 is unpatentable as anticipated by or obvious in view of Fujikawa.” slip op. at 11
Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,557,606 - PTAB · Dec 16, 2024 · IPR2024-00973 · APJ George R Hoskins · IPR · Institution
The Board instituted IPR of claims 1–18 on all asserted grounds, finding a reasonable likelihood that BOE would prevail on claim 4 over Reiner.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Decided for petitioner
“We secondly conclude Petitioner’s stipulation is commensurate in scope with a Sotera stipulation. See Sotera, Paper 12, at 13–14, 18–19; Guidance Memo, at 3. The Guidance Memo states: Consistent with Sotera Wireless, Inc., the PTAB will not discretionarily deny institution in view of parallel district court litigation where a petitioner presents a stipulation not to pursue in a parallel proceeding the same grounds or any grounds that could have reasonably been raised before the PTAB. Guidance Memo, 3, 7–8. Thus, applying that guidance here, we do not deny institution in view of the Co-Pending Litigation.” slip op. at 9
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“We conclude the preliminary record supports, sufficiently to justify institution, Petitioner’s contention that a person of ordinary skill in the art would have been motivated to configure Reiner’s gate/scanning driver 63 to include the ESD protection network structure illustrated in Figure 5. First, we agree with Petitioner’s position that Reiner discloses both of its display drivers 61 and 63 would benefit from ESD protection. That is, Reiner describes display drivers 61 and 63 as “typical example[s]” of integrated circuit devices that can benefit from utilizing Reiner’s bump bridge technology for providing ESD protection, due to the large number of parallel output lines that must cross power supply lines. See Ex. 1005, 4:15–16, 9:11–20 (describing Fig. 4), 12:4–5. Thus, based on this preliminary record, we disagree with Patent Owner’s position that Petitioner mischaracterizes Reiner’s teachings in this regard. Second, based on the preliminary record, Dr. Murphy’s testimony that the ESD protection network structure of Reiner’s Figure 5 would be suitable for implementing in Reiner’s gate/scanning driver 63 due to similarities between the two drivers is supported by the evidence sufficiently to justify institution. See Ex. 1003 ¶¶ 104–105, 111–120. A first similarity is Reiner’s indication that both display drivers 61 and 63 “have areas where the output or input metal lines have to cross power supply lines” Vdd and Vss. Ex. 1005, 9:11–20, 12:4–5, Fig. 3 (illustrating exemplary integrated circuit device 30 powered by supply voltages Vdd and Vss). A second similarity is Dr. Murphy’s testimony that, at least in some embodiments of Reiner’s gate/scanning driver 63, “each of the [scan] lines being driven will have its own semiconductor units . . . [that] drive that particular line,” akin to the individual output devices 70 and source lines 67 of Figure 5. Ex. 1003 ¶¶ 113, 117; see also Prelim. Resp. 21–22 (arguing “Reiner [discloses] that the gate driver integrated circuit comprises individual gate drivers” and “a POSITA would understand that individual gate/scan line drivers are coupled to one another”). These similarities between Reiner’s display drivers 61 and 63 support Dr. Murphy’s conclusion that Reiner’s bump bridge technology for providing ESD protection could and would have been implemented in Reiner’s gate/scanning driver 63 in the same fashion as illustrated in Figure 5 for Reiner’s source/data driver module 61. We appreciate, as Dr. Schubert testifies, that the individual circuits in gate/scanning driver 63 will drive their respective gate/scan lines 68 in different ways than the individual output devices 70 in source/data driver module 61 will drive their respective source/data lines 67. See Ex. 2001 ¶¶ 55–59. Nonetheless, based on the present record, we conclude such differences in the signal outputs of Reiner’s display drivers 61 and 63 have little to do with the benefits of configuring the power inputs of the display drivers to protect the individual circuits from electrostatic discharge events, or how to do so.” slip op. at 35
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“We conclude the preliminary record supports, sufficiently to justify institution, Petitioner’s contention that a person of ordinary skill in the art would have been motivated to configure Reiner’s gate/scanning driver 63 to include the ESD protection network structure illustrated in Figure 5. First, we agree with Petitioner’s position that Reiner discloses both of its display drivers 61 and 63 would benefit from ESD protection. That is, Reiner describes display drivers 61 and 63 as “typical example[s]” of integrated circuit devices that can benefit from utilizing Reiner’s bump bridge technology for providing ESD protection, due to the large number of parallel output lines that must cross power supply lines. See Ex. 1005, 4:15–16, 9:11–20 (describing Fig. 4), 12:4–5. Thus, based on this preliminary record, we disagree with Patent Owner’s position that Petitioner mischaracterizes Reiner’s teachings in this regard. Second, based on the preliminary record, Dr. Murphy’s testimony that the ESD protection network structure of Reiner’s Figure 5 would be suitable for implementing in Reiner’s gate/scanning driver 63 due to similarities between the two drivers is supported by the evidence sufficiently to justify institution. See Ex. 1003 ¶¶ 104–105, 111–120. A first similarity is Reiner’s indication that both display drivers 61 and 63 “have areas where the output or input metal lines have to cross power supply lines” Vdd and Vss. Ex. 1005, 9:11–20, 12:4–5, Fig. 3 (illustrating exemplary integrated circuit device 30 powered by supply voltages Vdd and Vss). A second similarity is Dr. Murphy’s testimony that, at least in some embodiments of Reiner’s gate/scanning driver 63, “each of the [scan] lines being driven will have its own semiconductor units . . . [that] drive that particular line,” akin to the individual output devices 70 and source lines 67 of Figure 5. Ex. 1003 ¶¶ 113, 117; see also Prelim. Resp. 21–22 (arguing “Reiner [discloses] that the gate driver integrated circuit comprises individual gate drivers” and “a POSITA would understand that individual gate/scan line drivers are coupled to one another”). These similarities between Reiner’s display drivers 61 and 63 support Dr. Murphy’s conclusion that Reiner’s bump bridge technology for providing ESD protection could and would have been implemented in Reiner’s gate/scanning driver 63 in the same fashion as illustrated in Figure 5 for Reiner’s source/data driver module 61. We appreciate, as Dr. Schubert testifies, that the individual circuits in gate/scanning driver 63 will drive their respective gate/scan lines 68 in different ways than the individual output devices 70 in source/data driver module 61 will drive their respective source/data lines 67. See Ex. 2001 ¶¶ 55–59. Nonetheless, based on the present record, we conclude such differences in the signal outputs of Reiner’s display drivers 61 and 63 have little to do with the benefits of configuring the power inputs of the display drivers to protect the individual circuits from electrostatic discharge events, or how to do so.” slip op. at 35
- Skill levelSkill level petitioner adoptedDecided for petitioner
“to the ’157 patent “would have had at least a Bachelor’s degree in electrical engineering, computer science, physics, or a similar field and at least two years of experience designing semiconductor display devices, including LCD displays,” and “[a]dditional relevant work experience can compensate for less education, and vice versa.” Pet. 15–16; Ex. 1003 ¶¶ 75–76. “Patent Owner does not dispute the level of skill for a person of ordinary skill in the art . . . set forth in the Petition.” Prelim. Resp. 14; Ex. 2001 ¶¶ 19–20. For purposes of this Decision, we adopt Petitioner’s assessment of the level of ordinary skill in the art, as it appears to be consistent with the ’157 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 10
Claim construction§ 103 obviousnessDiscretionary denialcites KSR · GrahamPatents in suitUS 9,184,157
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.