- Apple Inc. v. Theta IP, LLCAll claims unpatentablePTAB · Nov 24, 2025 · IPR2024-00817 · APJ Kara L Szpondowski · IPR · Final written decision
Claims 1–8 are unpatentable as obvious over Behbahani, Leete, and Tan; Patent Owner’s motion to strike is denied.
RulingsFinal written decision- Strike new argumentNew argument consideredDenied
“Pursuant to 37 C.F.R. § 42.23(b), a reply “may only respond to arguments raised in the corresponding . . . patent owner response.” We agree with Petitioner, for the reasons stated in the Opposition, that the arguments and declaration testimony is responsive to arguments raised in the Patent Owner Response. See Opp Mot. 7–11 (explaining the positions taken in the Petition, Patent Owner’s arguments in Response, and the arguments presented in Reply); Corephotonics, Ltd. v. Apple Inc., 84 F.4th 990, 1008– 1009 (Fed. Cir. 2023). Petitioner does not provide a new theory of unpatentability; rather, Petitioner responds and elaborates on the theory presented in the Petition to explain why Patent Owner’s arguments are incorrect. E.g., Chamberlain Grp., Inc. v. One World Techs., Inc., 944 F.3d 919, 925 (Fed. Cir. 2019) (“Parties are not barred from elaborating on their arguments on issues previously raised.”); Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064, 1081–82 (Fed. Cir. 2015) (reasoning that rebuttal evidence should be responsive such that it is offered “to explain, repel, counteract, or disprove the evidence of the adverse party”). “[T]he introduction of new evidence in the course of the trial is to be expected in [IPR] trial proceedings” and permissible “as long as the opposing party is given notice of the evidence and an opportunity to respond to it.” Genzyme Therapeutic Prods. Ltd. P’ship v. Biomarin Pharm. Inc., 825 F.3d 1360, 1366 (Fed. Cir. 2016).” slip op. at 12
- Skill levelSkill level patent owner adoptedDecided for patent owner
“Petitioner thus proposes a Master’s degree with two years of experience, while Patent Owner proposes a Bachelor’s degree with five years of experience. At the institution stage, we did not see a material difference in the proposals given that both parties also indicate that more education could substitute for less experience and vice versa, and thus adopted Patent Owner’s proposal. Inst. Dec. 11. We requested that the parties address during trial if either believed that the choice of one proposal over the other would make a difference in the patentability analysis. Id. Neither party has done so. Accordingly, because nothing in the record persuades us that our preliminary finding in the Institution Decision was incorrect, and because neither party has challenged our finding, we maintain our adoption of Patent Owner’s proposed level of ordinary skill in the art.” slip op. at 15
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for patent owner
“Thus, the parties do not dispute the meaning of “signal path,” and we adopt the district court’s construction of plain and ordinary meaning, as agreed by the parties. See PO Resp. 40–41; Pet. 9; Ex. 2025, 14. The dispute concerns the application of this and the surrounding claim language (i.e., “in the receiver signal path”) to the disclosures in Behbahani. See PO Resp. 40–42. Therefore, we will provide further discussion in the context of the parties’ arguments regarding Behbahani below. However, we agree with Patent Owner’s plain reading of the claim language in limitation 1(e) and the corresponding limitations in independent claims 3, 5, 7, and 8 – i.e., that “[t]he plain language requires adjusting a bias current, or a bias current and an impedance, in a circuit, while it is in the signal path.” See PO Resp. 48. We determine that it is not necessary to provide an express interpretation of any other claim terms for purposes of this Decision. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017); Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999) (“[O]nly those terms need be construed that are in controversy, and only to the extent necessary to resolve the controversy.”).” slip op. at 20
- Settled expectationsNot reached
“Owner’s] settled expectations in long-standing patent rights, and Office policies and efficiency.” Id.; see id. at 25–26. Patent Owner’s arguments essentially reassert the arguments made in the Preliminary Response that inter partes review should be discretionarily denied under 35 U.S.C. § 314(a) and 35 U.S.C. § 325(d). In the Institution Decision, we were not persuaded by these arguments. Inst. Dec. 15–22. Patent Owner argues that in Ecto World, LLC v. RAI Strategic Holdings, Inc., IPR2024-01280, Paper 13 (PTAB May 19, 2025) (§ A precedential) supports denial under 35 U.S.C. § 325(d). Sur-reply 25. However, Ecto World was designated precedential on May 19, 2025, and our Standard Operating Procedure 2 provides that “[a] precedential decision is binding Board authority in subsequent matters involving similar facts or issues.” SOP2, 7 (emphasis added). Therefore, re-evaluation under Ecto World does not appear to be appropriate under the circumstances here. Patent Owner also argues that proceedings can be properly dismissed post-institution in the Director’s discretion. Sur-reply 26. In support, Patent Owner cites to Hulu LLV v. Piranha Media Distribution, LLC, IPR2024- 01252, Paper 17, at 3 (PTAB April 17, 2025). Id. However, in Hulu, the patent owner timely sought Director Review after the institution decision, and upon Director Review, the institution decision was vacated and denied. IPR2024-01252, Papers 16, 19, 27. By contrast, here, Patent Owner raised this issue for the first time in the Sur-reply (filed August 5, 2025, nearly three months after Ecto World was designated precedential), approximately three weeks prior to oral argument. Patent Owner also did not file a motion to terminate the proceeding. Although we recognize that “that the Board has the inherent authority to reconsider institution decisions (beyond the regulatory time for a patentee’s entitlement to seek reconsideration),” Sling TV, L.L.C. v. Realtime Adaptive Streaming LLC, 840 F. App’x 598, 598–99 (Fed. Cir. 2021), we decline to do so at this late stage in the proceeding.” slip op. at 63
Patent outcomesUS 10,129,825 unpatentableClaim construction§ 103 obviousnessDiscretionary denialcites KSR · GrahamPatents in suitUS 10,129,825 - Apple Inc. v. Theta IP, LLCNo claims unpatentablePTAB · Nov 24, 2025 · IPR2024-00818 · APJ Kara L Szpondowski · IPR · Final written decision
Claims 1, 2, and 4–23 were not shown unpatentable over Behbahani, Leete, and Tan because the combination did not teach comparing desired and interferer signal strengths.
RulingsFinal written decision- Obviousness (§103) › Motivation to combine / reasonable expectation of successNot reached
“Behbahani teaches “comparing the strength of the desired signal to the strength of the interfere signal,” as recited in limitation 1(a). See PO Resp. 68–69; Sur-reply 21–23. Although Petitioner argues that Behbahani “expressly teaches comparing the desired and interferer signal strengths,” Petitioner does not cite to sufficient evidence in support of this statement. Pet. 38. The basis of Petitioner’s argument is that Behbahani teaches the same process for determining signal strengths as shown in Figure 4 of the ’202 patent. Figure 4 of the ’202 patent is reproduced below: Figure 4 shows, among other things, signal strength indicator circuits 440 and 450 connected to input line 410 and output line 460, on either side of gain element 420 and filter 430. Ex. 1001, 6:53–57. The input signal on input line 410 is shown as desired signal 412 and interferers 464 and 466. Id. at 59–61. Figure 4 is further described as follows. The signal strength indicators 440 and 450 do not provide information as to the relative sizes of the desired and interfering signals. Rather, a cumulative signal level is provided at their outputs. For example, the first signal strength indicator 440 outputs a level corresponding to the sum of desired signal 412 and interfering signals 414 and 416, while the second signal strength indicator 450 provides a signal level corresponding to the sum of desired signal 462 and interfering signals 464 and 466. In this specific example, the gain of the gain and filter circuit combinations is shown as approximately one, while the interfering signals 414 and 416 signal levels are reduced. A comparison of the signal levels provided by the signal strength indicators 440 and 450 indicates that much of the combined received signal on line 410 has been filtered. Accordingly, it may be deduced that large interfering signals present at the input are being filtered by the filter 430. From this information, as will be shown in greater detail below, the bias, impedance, and gain of the gain stage 420 and filter 430 combination may be optimized to reduce power dissipation. Ex. 1001, 6:61–7:13 (emphasis added). In other words, Figure 4 shows a comparison of a sum of the desired and interferer signals output from the strength indicator circuits, not a comparison of the strength of the desired signal and the strength of the interferer signal, as required by the claim language. See Sur-reply 22–23. The ’202 patent describes Figure 4 as “an embodiment,” and claims are not limited to specific embodiments described in the specification. See Phillips v. AWH Corp., 415 F.3d 1303, 1323 (Fed. Cir. 2005) (en banc). Petitioner even admits that Figure 4 “compar[es] a cumulative signal strength at a first node to a cumulative signal strength at a second node.” Pet. 36 (emphasis added). In the Reply, Petitioner argues that Patent Owner “ignores the” slip op. at 33
- Strike new argumentNew argument consideredDenied
“Pursuant to 37 C.F.R. § 42.23(b), a reply “may only respond to arguments raised in the corresponding . . . patent owner response.” We agree with Petitioner, for the reasons stated in the Opposition, that the arguments in the Reply and Reply declaration testimony are responsive to arguments raised in the Patent Owner Response. See Opp Mot. 7–12 (explaining the positions taken in the Petition, Patent Owner’s arguments in Response, and the arguments presented in Reply); see Corephotonics, Ltd. v. Apple Inc., 84 F.4th 990, 1008–1009 (Fed. Cir. 2023). Petitioner does not provide a new theory of unpatentability; rather, Petitioner responds and elaborates on the theory presented in the Petition to explain why Patent Owner’s arguments are incorrect. E.g., Chamberlain Grp., Inc. v. One World Techs., Inc., 944 F.3d 919, 925 (Fed. Cir. 2019) (“Parties are not barred from elaborating on their arguments on issues previously raised.”); Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064, 1081–82 (Fed. Cir. 2015) (reasoning that rebuttal evidence should be responsive such that it is offered “to explain, repel, counteract, or disprove the evidence of the adverse party”). “[T]he introduction of new evidence in the course of the trial is to be expected in [IPR] trial proceedings” and permissible “as long as the opposing party is given notice of the evidence and an opportunity to respond to it.” Genzyme Therapeutic Prods. Ltd. P’ship v. Biomarin Pharm. Inc., 825 F.3d 1360, 1366 (Fed. Cir. 2016). We also note that our Consolidated Trial Practice Guide (“CTPG”) states that In most cases, the Board is capable of identifying new issues or belatedly presented evidence when weighing the evidence at the close of trial, and disregarding any new issues or belatedly presented evidence that exceeds the proper scope of reply or sur-reply. As such, striking the entirety or a portion of a party's brief is an exceptional remedy that the Board expects will be granted rarely. CTPG at 80, 84 Fed. Reg. 64,280 (Nov. 21, 2019). We follow that guidance here. Further, Patent Owner argues that Dr. Abidi’s testimony as a co- author of Behbahani is “self-serving and unsupported.” Mot. 6–7. The fact that Dr. Abidi is a co-author of Behbahani, as well as Petitioner’s expert, is not, in and of itself, sufficient to discredit Dr. Abidi’s testimony. The CTPG provides that “[t]he Board has broad discretion to assign weight to be accorded expert testimony.” CTPG 35. We are capable of discerning from the testimony and the evidence presented whether Dr. Abidi’s testimony should be entitled to any weight, either as a whole or with regard to specific issues. We will weigh the testimony on an issue-by-issue basis as appropriate. Moreover, to the extent that Patent Owner has pointed out the inadequacies of Dr. Abidi’s testimony, we are also capable of noting those inadequacies and weighing that testimony accordingly. For the foregoing reasons, Patent Owner’s motion to strike is denied.” slip op. at 11
- Expert testimonyPetitioner expert discountedOther
“We also disagree with Petitioner that “Dr. Abidi provided well- reasoned analysis that Behbahani teaches determining and comparing desired and interferer signal strengths.” Reply 27 (citing Ex. 1003 ¶¶ 179– 181). We have reviewed the Dr. Abidi’s testimony cited in the Petition and Reply for limitation 1(a) (Ex. 1003 ¶¶ 95, 96, 113–120, 179–181; Ex. 1042 ¶¶ 12–16), and we disagree that Dr. Abidi provided well-reasoned analysis that Behbahani teaches comparing desired signal strengths with interferer signal strengths. Rather, Dr. Abidi’s testimony focuses on determining or measuring desired and interferer signal strengths, generally simply repeats what is in the Petition, and only provides a conclusory assertion that Behbahani expressly teaches comparing the strengths of the desired and interferer signals without providing any explanation. See TQ Delta, LLC v. Cisco Sys., Inc., 942 F.3d 1352, 1358–59 (Fed. Cir. 2019) (“Conclusory expert testimony does not qualify as substantial evidence.”). Accordingly, Dr. Abidi’s supporting testimony is also deficient. See 37 C.F.R. § 42.65(a) (“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.”). As Patent Owner points out, the only comparison mentioned by Petitioner in Behbahani is to derive the strength of the interferer signal. Sur-reply 22 (citing Pet. 38–39); Ex. 1004, 1207 (“[B]y comparing the signal level at the input and the output of the digital filter (DI and DO), the relative strength of the out-of-channel signal that passes through the analog filter is calculated”). Accordingly, for the foregoing reasons we determine that Petitioner has not shown that Behbahani teaches limitation 1(a).” slip op. at 36
- Skill levelSkill level patent owner adoptedDecided for patent owner
“Petitioner thus proposes a Master’s degree with two years of experience, while Patent Owner proposes a Bachelor’s degree with five years of experience. At the institution stage, we did not see a material difference in the proposals given that both parties also indicate that more education could substitute for less experience and vice versa, and thus adopted Patent Owner’s proposal. Inst. Dec. 11. We requested that the parties address during trial if either believed that the choice of one proposal over the other would make a difference in the patentability analysis. Id. Neither party has done so. Accordingly, because nothing in the record persuades us that our preliminary finding in the Institution Decision was incorrect, and because neither party has challenged our finding, we maintain our adoption of Patent Owner’s proposed level of ordinary skill in the art.” slip op. at 14
Patent outcomesUS 10,524,202 not shown unpatentableClaim construction§ 103 obviousnessDiscretionary denialcites Phillips · KSR · GrahamPatents in suitUS 10,524,202 - Apple Inc. v. Theta IP, LLCAll claims unpatentablePTAB · Nov 24, 2025 · IPR2024-00820 · APJ Aaron W Moore · IPR · Final written decision
Claims 1–3, 5–6, and 8–11 are unpatentable as obvious over Behbahani and Tan; Patent Owner’s motion to strike is denied.
RulingsFinal written decision- ExcludeMotion to exclude, deniedDenied
“Under 37 C.F.R. § 42.23(b), a reply “may only respond to arguments raised in the corresponding . . . patent owner response.” We agree with Petitioner, for the reasons stated in the Opposition, that the arguments and declaration testimony are responsive to arguments raised in the Patent Owner Response. See Opp Mot. 7–10 (explaining the positions taken in the Petition, Patent Owner’s arguments in Response, and the arguments presented in Reply); Corephotonics, Ltd. v. Apple Inc., 84 F.4th 990, 1008– 1009 (Fed. Cir. 2023). Petitioner does not provide a new theory of unpatentability; instead, Petitioner appropriately responds and elaborates on the theory presented in the Petition to explain why Patent Owner’s arguments are incorrect. See, e.g., Chamberlain Grp., Inc. v. One World Techs., Inc., 944 F.3d 919, 925 (Fed. Cir. 2019) (“Parties are not barred from elaborating on their arguments on issues previously raised.”); Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064, 1081–82 (Fed. Cir. 2015) (reasoning that rebuttal evidence should be responsive such that it is offered “to explain, repel, counteract, or disprove the evidence of the adverse party”). “[T]he introduction of new evidence in the course of the trial is to be expected in [IPR] trial proceedings” and is permissible “as long as the opposing party is given notice of the evidence and an opportunity to respond to it.” Genzyme Therapeutic Prods. Ltd. P’ship v. Biomarin Pharm. Inc., 825 F.3d 1360, 1366 (Fed. Cir. 2016).” slip op. at 11
- Skill levelSkill level patent owner adoptedDecided for patent owner
“Petitioner thus proposes a Master’s degree with two years of experience, while Patent Owner proposes a Bachelor’s degree with five years of experience. At the institution stage, we did not see a material difference in the proposals given that both parties also indicate that more education could substitute for less experience and vice versa, and we thus adopted Patent Owner’s proposal. See Inst. Dec. 14. We requested that the parties address during trial if either believed that the choice of one proposal over the other would make a difference in the patentability analysis. Id. Neither party has done so. Accordingly, because nothing in the record persuades us that our preliminary finding in the Institution Decision was incorrect, and because neither party has challenged our finding, we maintain our adoption of Patent Owner’s proposed level of ordinary skill in the art.” slip op. at 15
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningPrior construction adoptedDecided for petitioner
“Revvo Techs., Inc. v. Cerebrum Sensor Techs., Inc., IPR2025-00632, Paper 20 at 3–5 (Director Nov. 3, 2025) (precedential), addressing situations where a petitioner takes different claim construction positions before the Board and a district court. In Revvo, the petitioner advanced its own proposed claim construction in a related district court litigation but adopted in the IPR a different proposed construction, which was advanced by the patent owner in the district court litigation. Revvo at 2. The Director acknowledged that “a petitioner is not necessarily precluded from arguing different claim construction positions before a district court and the Board,” but that if the petitioner does so, it “should explain sufficiently why the different positions are warranted.” Id. at 5. “For example,” the Director explained, “if a party advances a narrow construction in the district court and the district court declines to adopt the narrow construction, the party would have sufficient reason for advancing the broader, court-adopted construction in a proceeding before the Board.” Id. Here, as in the Director’s example, Petitioner advanced a narrower construction of “signal path” before the district court, which the district court declined to adopt. See Pet. 9; Ex. 2015. Instead, the district court adopted a “plain-and-ordinary meaning” construction, which Patent Owner proposed. See PO Resp. 38, 41; Ex. 2015; Ex. 2025, 5–14. In the Petition, Petitioner proposed applying the plain and ordinary meaning constructions that had already been preliminarily adopted by the district court. Compare Pet. (filed May 1, 2024) with Ex. 2015 (preliminarily adopting plain and ordinary meaning construction on March 25, 2024). Applying Revvo, we find that Petitioner had a sufficient reason for advancing the broader, courtadopted construction in this IPR. Thus, the parties do not dispute the meanings of “signal path,” and we adopt the district court’s construction of plain and ordinary meaning, as agreed by the parties. The “signal path” dispute concerns the application of this and the surrounding claim language (i.e., “in the receiver signal path”) to the disclosures in Behbahani. See PO Resp. 41–43. Therefore, we will provide further discussion in the context of the parties’ arguments regarding Behbahani below. However, we agree with Patent Owner that “plain language [of the claims] requires adjusting the impedance (or bias) of a circuit or component in the signal path.” PO Resp. 49. The parties also address the meaning of the terms “dynamically increasing/decreasing,” which Petitioner refers to as the “dynamic limitation.” See Pet. 9; PO Resp. 37–41. Petitioner proposes that the Board accept Patent Owner’s proposed construction, which was adopted by the district court in the related litigation, both preliminarily and following the Markman hearing. See Pet. 9–10; Ex. 2015, 2–3; Ex. 2025, 40. At Institution, we adopted the district court’s construction, that the term should be given its plain and ordinary meaning which is “varying during operation based, at least in part, on information gained during operation,”4 because there was no dispute between the parties. See Inst. Dec. 16. We continue to do so for purposes of this Decision, for the same reasons as set forth above. That is, applying Revvo, we find that Petitioner had a sufficient reason for advancing the broader, court-adopted construction in this IPR.” slip op. at 18
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableMotivation foundDecided for petitioner
“Petitioner further argues that Tan “provides an example of circuitry used to detect signals at various points in the low-pass filter signal path as a means of implementing a prefilter automatic gain control.” Pet. 29 (citing Ex. 1006, 481); Ex. 1003 ¶ 85. The example in Tan is a peak detector circuit. See Pet. 29–30; Ex. 1003 ¶ 85; Ex. 1006, Fig. 8. Dr. Abidi testifies that a person of ordinary skill in the art would have been motivated to use Tan’s signal strength measurement circuitry to measure nodes AI and AO, as well as to use comparable circuity to measure nodes DI and DO. See Ex. 1003 ¶¶ 85–90. In response to Patent Owner’s argument that it is not possible to measure signal strength with Tan’s peak detectors (see PO Resp. 65–68), Dr. Abidi provides testimony explaining how Tan’s peak detector circuit provides a measure of the signal strength, which we find persuasive, and which is unrebutted by Patent Owner. See Ex. 1042 ¶ 15.” slip op. at 34
Patent outcomesUS 11,638,210 unpatentableClaim construction§ 103 obviousnessDiscretionary denialcites KSR · GrahamPatents in suitUS 11,638,210 - PTAB · Oct 16, 2025 · IPR2025-00776 · APJ John G New · IPR · Institution
Instituted review of claims 9, 11, 32–58, 60–62, and 64–67 on all remaining petition grounds, after finding a reasonable likelihood that claim 9 is unpatentable over Thomas and Faucette.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“For the reasons set forth below, we determine that Petitioner has demonstrated that there is a reasonable likelihood that at least one of claims 9, 11, 32–58, 60–62, and 64–67 of the ’802 patent is unpatentable, and we on the Grounds set forth in the Petition.” slip op. at 2
- Settled expectationsOther
“Patent Owner also filed a Request with the Acting Director of the USPTO seeking discretionary denial of institution of inter partes review (Paper 6, the “Request”). Petitioner subsequently filed a brief opposing Patent Owner’s Request (Paper 8). On September 3, 2025, the Acting Director denied Patent Owner’s Request for discretionary denial of institution of inter partes review and referred the case to the panel for an institution decision on the merits (Paper 11).” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner asserts that a person of ordinary skill would have an M.D. or a Ph.D. degree in virology, immunology, and vaccinology, and at least 3 years of experience in one or more of the research, design, development, and testing of antiviral vaccines. Pet. 17. Petitioner asserts that a person of ordinary skill may be part of a multidisciplinary team having such experience. Id. (citing Ex. 1002 ¶ 81). Patent Owner does not dispute the level of skill asserted by Petitioner.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Neither party requests construction of any claim terms. Petitioner asserts that all claim terms should be given their ordinary and customary meaning, and Patent Owner does not disagree. See Pet. 17. Accordingly, we find, for the purposes of this Decision, that no terms of the challenged claims requires construction beyond the ordinary and customary meaning of the terms, as understood by a person of ordinary skill in the art at the time of the invention. Phillips, 415 F.3d at 1312–13; see also Vivid Techs., Inc. v. construes claims only to the extent necessary to resolve a dispute).” slip op. at 10
Claim construction§ 103 obviousnessDiscretionary denialcites Phillips · GrahamPatents in suitUS 11,730,802 - PTAB · Oct 14, 2025 · IPR2025-00685 · APJ John G New · IPR · Institution
The Board instituted IPR on claims 1–23 and all petitioned grounds, finding a reasonable likelihood that the claims are obvious over Wei and Liu.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Summary Based upon the record as presently developed, we conclude that Petitioner has met its burden of showing a reasonable likelihood of showing at trial that at least claim 1 of the ’370 patent is obvious over the cited prior art. Because we determine that Petitioner has demonstrated a reasonable likelihood of success at trial in showing that at least one claim is unpatentable on at least one of the stated Grounds, we institute inter partes review of all challenged claims of the ’370 patent, based on all of the remaining grounds identified in the Petition. See 37 C.F.R. § 42.208(a); SAS Inst., Inc. v. Iancu, 584 U.S. 357, 371 (2018); PGS Geophysical AS v. Iancu, 891 F.3d 1354, 1360 (Fed. Cir. 2018) (interpreting the statute to require “a simple yes-or-no institution choice respecting a petition, embracing all challenges included in the petition”).” slip op. at 44
- Skill levelSkill level board ownOther
“appears to be generally consistent with the level of skill presented in the cited prior art. See generally, e.g., Exs. 1005–1008; see also Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (the prior art itself may reflect an appropriate level of skill in the art). However, at this point we reject the portion of Petitioner’s proposed definition that includes having “access to other individuals with that knowledge and experience,” as not reflecting the individual level of skill of a given skilled artisan. See, e.g., Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 962 (Fed. Cir. 1986) (holding that “[t]he person of ordinary skill is a hypothetical person who is presumed to be aware of all the pertinent prior art. The actual inventor’s skill is not determinative”) (emphasis added, footnotes omitted). Consequently, and for the purposes of this Decision, we adopt Petitioner’s proposed definition as defining a person of ordinary skill in the art as a person who would have had “a Ph.D. in immunology, molecular biology, cellular biology, or a similar field, or an M.D. with similar experience, and would further have had at least five years of experience with antibodies and antibody engineering.”” slip op. at 6
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningOther
“Petitioner states that no term of the challenged claims requires construction to resolve the challenges in this Petition. Pet. 32. Patent Owner does not contest Petitioner’s assertion. See generally Prelim. Resp. We find, for the purposes of this Decision, that no terms of the challenged claims require construction beyond the ordinary and customary meaning of the terms, as understood by a person of ordinary skill in the art at the time of the invention. Phillips, 415 F.3d at 1312–13.” slip op. at 7
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundInstituted
“We find, based upon the present record and for the purposes of this Decision, that Petitioner has sufficiently established that a person of ordinary skill in the art would have been motivated to combine the teachings of Wei and Liu to determine the activity and suitability of Liu’s humanized anti- EGFR antibodies in an ADC. We acknowledge that Liu is silent regarding the pH selectivity or tissue preference of its binding affinity, but Patent Owner points to no prior art reference that would have informed a skilled artisan upon this point or that would have discouraged a person of ordinary skill in the art from combining the references. See fn.7, supra. And, even if a skilled artisan might have recognized that Liu’s humanized cetuximab might have been potentially problematic if it failed to show pH-selective activity like Wei’s Y104D, the mere fact that some disadvantage may come with an advantage when combining prior art does not foreclose their combination under § 103. Medichem, S.A. v. Rolabo S.L., 437 F.3d 1157, 1165 (Fed. Cir. 2006). In the instance of Liu’s humanized anti-EGFR antibody, a person of ordinary skill in the art would have recognized that its advantages (enhanced activity against tumor cells compared to chimeric cetuximab, thus requiring smaller dosages) could balance or outweigh its possible disadvantages (e.g., possible activity against non-tumor cells). Furthermore, it is in the nature of scientific research to continue to try new substitutions in drug therapy, even if a promising candidate has been discovered. As the Supreme Court stated in KSR: When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103. 550 U.S. at 421.” slip op. at 39
Claim construction§ 103 obviousnesscites Phillips · KSRPatents in suitUS 10,792,370 - Cradlepoint, Inc. / Honeywell International, Inc. et al. v. Sisvel S.P.A.No claims unpatentablePTAB · Sep 29, 2025 · IPR2021-00580 · APJ Monica S Ullagaddi · IPR · Remand
On remand, the Board held claims 1–10 not shown unpatentable under the Sachs anticipation and obviousness grounds because Sachs did not disclose the required timer stopping, and the new theories were not considered.
RulingsRemand decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Whether Mr. Bates is a Person of Ordinary Skill in the Art In the Final Written Decision, we adopted Petitioner’s definition because “there does not appear to be a dispute that needs to be resolved.” FWD 8. Here, where Mr. Bates’ qualifications are challenged, we have reviewed the complete record including the parties’ arguments on remand and we find that Mr. Bates does not meet the requirements for a person of ordinary skill in the art according to Petitioner’s definition for level of ordinary skill in the art, which we adopted (see FWD 8). Notably, the panel adopted Petitioner’s definition of the level of ordinary skill in the Institution Decision (Paper 16, 8), and neither party challenged that determination during the trial, although Patent Owner did offer its own definition (PO Resp. 9). Mr. Bates has one degree: “a bachelor’s degree in Business Management.” Ex. 2001 ¶ 7. A degree in Business Management is not “a degree in electrical engineering or a similar discipline.” Pet. 35 (emphasis added). Accordingly, we disregard the testimony of Mr. Bates in rendering our findings and conclusions in this Decision. We note that, even if we did consider Mr. Bates’s testimony, the findings and conclusions rendered in this Decision would not change.” slip op. at 12
- Expert testimonyPatent owner expert discountedDecided for petitioner
“cover for his lack of education.” Pet. Remand Br. 4. Patent Owner disagrees and argues, inter alia, that “Mr. Bates was a pioneer in the cellular telecommunications field with more than five decades of practical and teaching experience.” PO Remand Resp. 5 (citing Ex. 2001 ¶¶ 8–23) (emphasis omitted); see id. at 3–4, 6. Whether Mr. Bates is a Person of Ordinary Skill in the Art In the Final Written Decision, we adopted Petitioner’s definition because “there does not appear to be a dispute that needs to be resolved.” FWD 8. Here, where Mr. Bates’ qualifications are challenged, we have reviewed the complete record including the parties’ arguments on remand and we find that Mr. Bates does not meet the requirements for a person of ordinary skill in the art according to Petitioner’s definition for level of ordinary skill in the art, which we adopted (see FWD 8). Notably, the panel adopted Petitioner’s definition of the level of ordinary skill in the Institution Decision (Paper 16, 8), and neither party challenged that determination during the trial, although Patent Owner did offer its own definition (PO Resp. 9). Mr. Bates has one degree: “a bachelor’s degree in Business Management.” Ex. 2001 ¶ 7. A degree in Business Management is not “a degree in electrical engineering or a similar discipline.” Pet. 35 (emphasis added). Accordingly, we disregard the testimony of Mr. Bates in rendering our findings and conclusions in this Decision. We note that, even if we did consider Mr. Bates’s testimony, the findings and conclusions rendered in this Decision would not change.” slip op. at 12
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for patent owner
“C. Claim Construction The Federal Circuit determined that “the plain and unambiguous language of claim 1 requires that a method, to come within the claim, must perform both limitations 1[c] and 1[d] where their preconditions apply.” Sierra Wireless, 130 F.4th at 1022. We interpret the claims and analyze Petitioner’s unpatentability arguments under the Federal Circuit’s determination.” slip op. at 13
- Strike new argumentNew argument disregardedDecided for patent owner
“Petitioner was on notice, when Patent Owner’s Response was filed at the latest, that claim 1 could be construed as unconditionally requiring both limitations 1[c] and 1[d]. Indeed, Petitioner contended that it had shown both limitations “in single references.” Pet. Reply 5. Petitioner now seeks to shift its unpatentability contentions for limitation 1[c] from Figure 5 of Sachs to Figures 6 and 7. Petitioner’s new reliance on Figures 6 and 7 of Sachs is “a meaningfully distinct contention” from its position in both the Petition and the Reply. See Ariosa Diagnostics v. Verinata Health, Inc., 805 F.3d 1359, 1367 (Fed. Cir. 2015). We therefore find that Petitioner impermissibly presents new theories of unpatentability on remand. 3. Independent Claim 1 We decline to address Petitioner’s new theories of unpatentability proposed on remand concerning Sachs’s Figure 7. See Pet. Remand Br. 15– 20. Although Petitioner cites pages 59–61 of the Petition as discussing Figure 7 of Sachs (see Pet. Remand Br. 15), the cited discussion concerns dependent claims 5 and 10, not independent claims 1 and 8.” slip op. at 17
Patent outcomesUS 7,869,396 not shown unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 7,869,396 - PTAB · Sep 19, 2025 · PGR2025-00025 · APJ Kimberly Mcgraw · PGR · Institution
The Board instituted PGR on claims 1–19 and all asserted grounds, finding it more likely than not that claim 1 is anticipated by the Gatorade Label.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“if “the information presented in the petition . . . demonstrate[s] that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable.” Post-grant review is available for patents that issue from applications that at one point contained at least one claim with an effective filing date on or after March 16, 2013. See Leahy-Smith America Invents Act, Pub. L. No. 112-29, 125 Stat. 284 (2011) (“AIA”), §§ 3(n)(1), 6(f)(2)(A). After considering the briefing and the evidence of record, for the reasons set forth below, we determine that Petitioner has shown that the ’422 Patent is eligible for post-grant review and has shown it is more likely than not that at least one challenged claim of the ’422 Patent is unpatentable under § 324(a). Accordingly, we institute a post-grant review of the challenged claims of the ’422 Patent.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art Petitioner contends that a person of ordinary skill in the art “would possess at least (1) a Bachelor’s degree in chemistry or a related field, with (2) five years of experience in material identification and characterization using multiple analytical methods and field sampling, or equivalent research or professional experience.” Pet. 12 (citing Ex. 1014 ¶ 24). Patent Owner does not dispute Petitioner’s definition for one of ordinary skill in the art nor provide a proposed definition of its own. See generally Prelim. Resp. For the purposes of this Decision, we adopt Petitioner’s undisputed proposal regarding the level of one of ordinary skill in the art.” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Prosecution history disclaimer / disavowalDisclaimer foundDecided for patent owner
“336. The applicant explained that not all combinations of shrink films and light blocking materials are recyclable. Id. at 335. The applicant explained that films can be compatible with PET recycling in two ways, (1) the film can float in water and be separated from PET that sinks in water or (2) the PET films crystallize and “can be recovered with the PET stream.” Id. at 336 (citing “A Resource Document by the Association of Plastic Recyclers (APR)”) (found at Ex. 1002, 323–332) (emphasis omitted). The applicant explained that “removing the label before or during the recycling process is not evidence of the recyclability of the label” and that “[r]emoving the label during the recycling process is not equivalent to actually recycling the label.” Id. at 335. As such, a POSITA reading the prosecution history would understand that a label is not recyclable with a PET container, as recited by the independent claims, by removing the label from the PET recycle stream before or during the recycling process.” slip op. at 10
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownOther
“To determine how a person skill in the art would determine if a shrink label is “recyclable” as recited in the independent claims, we look to how the Specification of the ’422 Patent describes or defines recyclable shrink labels. For example, the ’422 Patent states that PET shrink films are generally considered recyclable if no inks are retained on the film after a caustic wash cycle typically used in PET reclaiming processes. Ex. 1001, 6:61–65. The ’422 Patent further states that labels are fully recyclable if the polymers used are clear, preferably clear PET, and the labels include inks that can be washed off in a “typical PET recycling wash (caustic wash).” Id. at 11:44– 49; see also id. at 11:49–54 (describing embodiments in which the labels are free or substantially free of inks that cannot be washed off in a caustic wash or where the labels are free or substantially free of color plastics that cannot be recycled). The ’422 Patent further discusses “industry standards” for determining whether various embodiments of shrink labels are recyclable. See, e.g., id. at 11:29–53. For example, the Specification states that the “Association for Plastic Recyclers (APR) Critical Guidance Protocol for Clear PET Articles with Labels and Closures (PET-CG-02)” (Ex. 1005) can certify that a film is fully recyclable with a container or bottle. Id. at 11:34– 38. Additionally, the Specification states that labels “are recyclable according to the Evaluation of the Near Infrared (NIR) Sorting Potential of a Whole Plastic Article (SORT-B-01)” (Ex. 1010) and/or the “Evaluation of Sorting Potential for Plastic Articles Utilizing Metal, Metalized, or Metallic Printed Components (SORT-B-03)” (Ex. 1011). Ex. 1001, 11:39–44. The ’422 Patent further states that embodiments of the labels “are fully recyclable. For example, the labels may include inks that can be washed off in a typical PET recycling wash (caustic wash) and the polymers” are preferably clear PET. Id. at 11:44–48. The ’422 Patent thus provides various descriptions or standards to determine the recyclability of shrink labels. For the purposes of addressing the anticipation and obviousness grounds, we determine that any of these standards can be used to determine if a shrink label is “recyclable.” We note that our construction is preliminary and is based on the present record. We invite the parties to further the address the construction of “wherein the recyclable shrink label is recyclable with a PET container” during trial.” slip op. at 12
Claim construction§ 102 anticipation§ 103 obviousness§ 112 disclosurecites Phillips · NautilusPatents in suitUS 11,961,422 - Comcast Cable Communications, LLC v. Entropic Communications, LLCSome claims unpatentablePTAB · Sep 5, 2025 · IPR2024-00431 · APJ Jon M Jurgovan · IPR · Final written decision
Claims 1, 3, and 4 are unpatentable as obvious over Afshary and Mirfakhraei; claim 2 was not shown unpatentable over either asserted combination.
RulingsFinal written decision- Skill levelSkill level board ownDecided for petitioner
“Patent Owner’s proposal to limit a POSITA’s education and experience to “broadband networks over coaxial cables” is too narrow. Although Patent Owner points to various parts of the ’518 patent as supporting its restrictive proposal, other parts of the patent are not so limited. For example, the patent’s technical field and summary are not limited to coaxial cable, and the patent discusses twisted pair wiring and satellite communications as media that can be used. See, e.g., Ex. 1001, 1:27–29, 3:33–35, 3:49–50, 3:67–4:3, 5:61–6:3, 8:20–23, 9:28–33. Accordingly, we adopt the following level of ordinary skill in the art for use in this Decision: A POSITA would have a bachelor’s degree in electrical engineering, computer engineering, or a related field, and two to four years of experience with broadband communication networks. Additional professional experience could substitute for education, and additional education could substitute for professional experience. We find that this skill level is consistent with the problems and solutions identified in the ’518 patent and the prior art references asserted by Petitioner. In addition, we find the adopted skill level consistent with the education and experience that a POSITA would have had. See 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)) (citing factors to consider when determining level of ordinary skill in the art).” slip op. at 15
- Expert testimonyDecided for petitioner
“We determine that Mr. Bertonis and Mr. Garrett had at least the skill level of a POSITA at the time they submitted their declarations and testimony in this case. Ex. 1002 ¶¶ 4–15, Appx. A; Ex. 2001 ¶¶ 8–12, Appx. A; cf Osseo Imaging, LLC v. Planmeca USA Inc., 116 F.4th 1335 1341 (Fed. Cir. 2024) (“An expert need not have acquired that skill level prior to the time of the invention to be able to testify from the vantage point of a person of ordinary skill in the art.”). Accordingly, we see no reason to disregard the testimony of either on the basis that they do not have a POSITA’s skill level.” slip op. at 45
- Claim Construction › Functional claiming / §112(f) means-plus-function › Whether §112(f) applies (Williamson, nonce words)§112(f) appliesTerm construed petitioner constructionDecided for petitioner
“Because an assessment of whether the prior art discloses a means- plus-function limitation depends not only on the presence of the recited function but also the structure that performs that function as described in the patent’s specification, we address Petitioner’s undisputed contentions for the means-plus-function limitations below.” slip op. at 12
- Obviousness (§103) › Analogous artAnalogous artDecided for petitioner
“We conclude that Petitioner has shown by preponderant evidence that Mirfakhraei is in the same field of endeavor as the ’518 patent, i.e., “broadband communication networks.” Mirfakhraei is thus analogous art because it is in the same field of endeavor as the ’518 patent.” slip op. at 27
Patent outcomesUS 7,295,518 mixedClaim construction§ 103 obviousnesscites GrahamPatents in suitUS 7,295,518 - Comcast Cable Communications, LLC v. Entropic Communications, LLCSome claims unpatentablePTAB · Sep 4, 2025 · IPR2024-00430 · APJ Jon M Jurgovan · IPR · Final written decision
Claims 1–3, 6–10, 14–18, and 22–24 are unpatentable; claims 4–5, 11–13, and 19–21 are not shown unpatentable.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Specification disavowal / 'present invention' languageTerm construed board ownDecided for petitioner
“We agree with Petitioner that the ’690 patent does not limit the term “probe” to channel assessment. Pet. Reply 2–4. Reviewing the intrinsic evidence, the “Technical Field” of the ’690 patent states that “some embodiments relate to channel assessment probes,” implying others do not. Ex. 1001, 1:13–14. The ’690 patent further states that “receiver determined probes may be used in a variety of applications” including to “discover hidden nodes” and “off-site network diagnosis.” Id. at 2:20–27. In addition, the ’690 patent states that probes may be used for “network maintenance procedures,” to “replicate a potential problem, reach or discover a distant or previously undetected node on the network, or assist with network admissions procedures.” Id. at 4:25–38. Turning to the claims of the ’690 patent, the evidence of record does not establish that the independent claims recite anything unique or specific to channel assessment (although their scope covers that purpose). Furthermore, dependent claim 7 of the ’690 patent recites that the “probe” is used to diagnose a network problem, and dependent claim 13 recites that the “probe” is used to identify a hidden node. Restricting the independent claims to probes used solely for channel assessment would be contradictory to these dependent claims. Littlefuse, Inc. v. Mersen USA EP Corp., 29 F.4th 1376, 1380 (Fed. Cir. 2022) (construction of term in independent claims should not render dependent claims superfluous or lacking scope).” slip op. at 20
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownDecided for petitioner
“We agree with Petitioner that a “physical layer probe” is “a probe that relates to the physical layer.” The term does not appear per se in the specification of the ’960 patent, nor in the prosecution history, but only in claims 9, 17, and 19. However, the term “physical layer” is well-known and is the first layer in the Open Systems Interconnection (OSI) network model. See, e.g., Ex. 1021, 35–40, 69; Ex. 1002 ¶¶ 49–50. The physical layer is used to transmit digital bits over a network, and defines the timing, mechanical, and physical network characteristics required for transmitting the data bits. Hence, a “physical layer probe” is a probe that relates to the physical layer. We need not, and do not, construe the term further to resolve the parties’ dispute. See Realtime, Vivid Techs., supra. Having decided proper constructions for the disputed terms, we proceed in our analysis to consider the parties’ arguments concerning the challenge grounds. In the following sections, we apply the plain meaning of the claim terms, and as necessary, specify what the plain meanings are.” slip op. at 23
- Skill levelSkill level petitioner adoptedDecided for petitioner
“C. Level of Ordinary Skill in the Art Petitioner contends as follows: A POSITA8 would have had a bachelor’s degree in electrical engineering, computer engineering, or a similar discipline, and three to four years of experience working in signal processing and/or communication systems/networks. Additional education may substitute for experience, and significant work experience may substitute for formal education. Pet. 6 (citing Ex. 1002 ¶¶ 115–120). Patent Owner does not dispute Petitioner’s proposed level of skill in the art. We adopt and apply Petitioner’s proposed skill level because it is consistent with the problems and solutions identified in the ’690 patent and the prior art references asserted by Petitioner. In addition, we find the adopted skill level consistent with the education and experience that a POSITA would have had. See 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)) (citing factors to consider when determining level of ordinary skill in the art).” slip op. at 25
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableNot shown unpatentableMixed
“Hence, we determine that Petitioner has shown by preponderant evidence that the Ranging Request (“probe request”) message includes CID and SS MAC address and other parameters (“first plurality of parameters”) which at least specify the CID (“content payload of the probe”) and the SS MAC address (“second node”) of the Ranging Response.12 We thus proceed to consider Petitioner’s contentions for the remaining limitations of claim 1, which are undisputed, and determine that claim 1 is anticipated by IEEE-802.16.” slip op. at 29
Patent outcomesUS 8,284,690 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 8,284,690 - Comcast Cable Communications, LLC v. Entropic Communications, LLCAll claims unpatentablePTAB · Sep 3, 2025 · IPR2024-00441 · APJ Aaron W Moore · IPR · Final written decision
Claims 1–18 are unpatentable over Kamieniecki and Konstantinos; Petitioner did not show claims 1–18 unpatentable over Renken or Renken and Cholas because Renken is not prior art.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Level of Ordinary Skill in The Art Petitioner contends that a person having ordinary skill in the art “would have had a degree in electrical engineering or a similar discipline, and three-to-four years of experience working with television signal processing and communication 1 Because the challenged claims have an effective filing date before the effective date of the AIA, we apply the pre-AIA version of 35 U.S.C. § 103. 2 US 2005/0114879 A1, published May 26, 2005 (Ex. 1009). 3 US 2010/0120386 A1, published May 13, 2010 (Ex. 1010). 4 US 2010/0303181 A1, published Dec. 2, 2010 (Ex. 1016). 5 US 2008/0313691 A1, published Dec. 18, 2008 (Ex. 1017). 6 US 8,649,421 B2, issued Feb. 11, 2014 (Ex. 1011). systems,” and that “[a]dditional education may substitute for professional experience and significant work experience may substitute for formal education.” Pet. 30 (citing Ex. 1002 ¶¶ 40–42). “Patent Owner accepts the Petition’s [description of a person of ordinary skill] solely for purposes of responding to the Petition in this proceeding.” PO Resp. 11. Based on our review of the record before us, we determine that Petitioner’s stated level of ordinary skill in the art is reasonable because it appears consistent with the evidence of record, including the asserted prior art. Accordingly, we apply Petitioner’s definition in this Decision. B.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“On the present record, we do not discern a need to construe explicitly any claim language because doing so would have no effect on our analyses and will not assist in resolving the present controversy between the parties. 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)). C.” slip op. at 9
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“We agree that the record provides sufficient evidence that one of ordinary skill in the art would have found it advantageous to add a multi-channel receiver to improve monitoring, as Petitioner argues. Having the ability to monitor without waiting for idle or disturbing users would be a clear advantage.” slip op. at 18
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“We conclude that Patent Owner has not shown a sufficient nexus between the claimed invention and any product embodying the claimed invention that was successful, praised, or solved a long-felt need. Patent Owner identifies five elements allegedly required “[t]o implement MaxLinear’s Remote Spectrum Monitoring in CPE.” See PO Resp. 65. To support this, Patent Owner cites pages 5–7 of Exhibit 2009. See id.7 That exhibit, however, describes requirements for “Full Band Capture,” not MaxLinear’s “Remote Spectrum Monitoring.” To” slip op. at 31
Patent outcomesUS 8,792,008 unpatentableClaim construction§ 102 anticipation§ 103 obviousnessPatents in suitUS 8,792,008
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.