- PTAB · Sep 15, 2020 · IPR2020-00282 · APJ Christopher L Ogden · IPR · Rehearing
The Board denied Samsung’s rehearing request, leaving in place the denial of institution because the petition did not show a reasonable likelihood of proving any challenged claim unpatentable.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“a party requests rehearing on a decision on whether to institute inter partes review, we “review the decision for an abuse of discretion.” 37 C.F.R. § 42.71(c) (2019). There is an abuse of discretion if we have made “a clear error of judgment in weighing relevant factors or in basing [our] decision on an error of law or on clearly erroneous factual findings.” Bayer CropScience AG v. Dow AgroSciences LLC, 851 F.3d 1302, 1306 (Fed. Cir. 2017) (quoting Mentor Graphics Corp. v. Quickturn Design Sys., Inc., 150 F.3d 1374, 1377 (Fed. Cir. 1998)). In a request for rehearing, “[t]he burden of showing a decision should be modified lies with the party challenging the decision,” and “[t]he request must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed” in the record. 37 C.F.R. § 42.71(d).” slip op. at 2
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“We disagree. Nowhere in the cited passages in the Petition does Samsung argue that we should construe the term “row wrap-around connections” according to the explicit construction that Samsung now suggests for the plain and ordinary meaning. See Pet. 10–11, 25–30. Rather, Samsung argued that “Petitioners do not believe any term requires explicit construction.” Pet. 10–11. In the Reply, Samsung argued that all of the terms in the challenged claims should be construed according to their plain and ordinary meaning. See Reply 1, 4–5. However, apart from arguing that Samsung had proposed construing limitation 1C in the co-pending district court proceeding according to its plain and ordinary meaning,3 Samsung did not propose any specific construction for the phrase “row wrap-around connection,” or point to any evidence as to what the ordinary and customary meaning of that phrase was to a person of ordinary skill in the art. Therefore, we decline to adopt Samsung’s new proposed construction on rehearing.” slip op. at 6
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentable
“We determined that Samsung had not provided sufficient evidence of its proposed motivation to combine the two references. See Dec. 16 (“[N]either Samsung nor Dr. Wolfe supports this conclusion with any evidence on the preliminary record.” (citing In re Magnum Oil Tools Int’l, Ltd., 829 F.3d 1364, 1380 (Fed. Cir. 2016); 35 U.S.C. § 322(a)(3))). In particular, we found that “Dr. Wolfe does not explain how or why the combination of Barkan and Tagg would minimize RC delay or allow for the use of lengthier columns and rows of electrodes, or cite to any facts, data, or authorities to support that opinion.” Dec. 17. We stated that “there is no evidence in the record suggesting that RC delay was a recognized problem . . . or that a person of ordinary skill in the art would have understood that a connection to both sides of a row of electrodes would be a solution to that problem.” Id. We also stated that Dr. Wolfe does not “provide any detail as to how a person of ordinary skill in the art would have modified Barkan’s leads 160 to incorporate external connections such as those in Tagg.” Id. (citing Personal Web Techs., LLC v. Apple, Inc., 848 F.3d 987, 994 (Fed. Cir. 2017)).” slip op. at 13
Claim construction§ 103 obviousnessPatents in suitUS 7,821,502 - Google LLC v. Cywee Group LtdRehearing deniedPTAB · Jan 30, 2019 · IPR2018-01258 · APJ Christopher L Ogden · IPR · Rehearing
The Board denied Patent Owner’s rehearing request, leaving institution of review of claims 1 and 3–5 in place because no abuse of discretion was shown.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“When a party requests rehearing on a decision instituting inter partes review, we “review the decision for an abuse of discretion.” 37 C.F.R. § 42.71(c). There is an abuse of discretion if we have made “a clear error of judgment in weighing relevant factors or in basing [our] decision on an error of law or on clearly erroneous factual findings.” Bayer CropScience AG v. Dow AgroSciences LLC, 851 F.3d 1302, 1306 (Fed. Cir. 2017) (quoting Mentor Graphics Corp. v. Quickturn Design Sys., Inc., 150 F.3d 1374, 1377 (Fed. Cir. 1998)). In a request for rehearing, “[t]he burden of showing a decision should be modified lies with the party challenging the decision,” and “[t]he request must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed” in the record. 37 C.F.R. § 42.71(d).” slip op. at 2
- Obviousness (§103) › Analogous artAnalogous artDecided for petitioner
“factual issue, which we do not disturb on rehearing unless it was clearly erroneous. See In re Paulsen, 30 F.3d 1475, 1481 (Fed. Cir. 1994). Based on” slip op. at 3
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner
“with the second signal set whereby said resultant angles . . . are obtained under said dynamic environments.” Ex. 1001, 19:12–17 (emphasis added). We construed the term comparison as the ’438 patent explicitly defines it: “the calculating and obtaining of the actual deviation angles of the 3D pointing device . . . with respect to the first reference frame or spatial 3–5 of the ’438 patent, we need not address whether or not Bachmann is pertinent to the different problem that Patent Owner defines. Further, we do not consider the evidence in Appendix A, because Patent Owner does not point to any place where this evidence was addressed in the preliminary record. See 37 C.F.R. 42.71(d). pointing frame XP YP ZP utilizing signals generated by motion sensors while reducing or eliminating noises associated with said motion sensors.” Decision 14 (quoting id. at 2:28–32). We also determined that the ’438 patent uses the term consistently with that broad definition—for example, to describe a program or model for updating a state based on a previous state and a measured state. Id. at 13–14.” slip op. at 5
- Skill levelSkill level board ownDecided for petitioner
“inquiries underpinning the legal conclusion of obviousness. See Okajima v. Bourdeau, 261 F.3d 1350, 1354 (Fed. Cir. 2001) (citing Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966)). On the preliminary record, we determined that a person of ordinary skill in the art would have had, among other things, “knowledge of . . . quaternion mechanics.” Decision 19.” slip op. at 7
Claim construction§ 103 obviousnesscites GrahamPatents in suitUS 8,441,438
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.