• Cisco Systems, Inc. v. Scale Video Coding LLCInstitution denied
  PTAB · Mar 24, 2025 · IPR2024-01371 · APJ Peter D Shapiro · IPR · Institution

  Institution was denied because Petitioner did not show a reasonable likelihood that claims 1–3, 5–8, 10–13, or 15 would have been obvious over either asserted ground.

  RulingsInstitution decision

  • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

    “We are persuaded by Patent Owner’s arguments that Petitioner has not shown a reasonable likelihood that any of the three cited aspects of Shao- 028 teach or suggest that bandwidth-limited conditions are identified on the link between the video router and the client devices as required by the claims. To the contrary, the only specific discussion of identifying bandwidth in Shao-028 says that it takes place upstream of the video router, rather than downstream in the link in question. See Ex. 1005, 13:39–40. Moreover, the control requests from the client devices do not convey bandwidth conditions at all. We address each of the three arguments from Petitioner on this limitation below.” slip op. at 12

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

    “Accordingly, on this record, Petitioner has not demonstrated a reasonable likelihood that Shao-028 teaches or suggests “identify[ing] bandwidth-limited conditions of an internet protocol network between the video router and a [plurality/set] of video receivers.” As such, Petitioner has not demonstrated a reasonable likelihood that Shao-028 would have rendered independent claims 1, 6 or 11 obvious. As to dependent claims 2, 3, 5, 7, 8, 10, 12, 13 and 15, Petitioner makes no further allegations that would remedy the deficiency discussed above in regards to the independent claims. See Pet. 51–56. As such, Petitioner has not shown a reasonable likelihood that any of claims 1–3, 5–8, 10–13 and 15 would have been obvious over the asserted art in Ground 1. Petitioner in Ground 2 asserts alternative arguments for why independent claims 1, 6 and 11 would have been obvious in view of Shao- 023 and an additional reference Shao-423. Pet. 56–70. Because Ground 2 relies on the same argument for why Shao-023 teaches or suggests the limitation “identify[ing] bandwidth-limited conditions of an internet protocol network between the video router and a [plurality/set] of video receivers,” see Pet. 56, we determine that Petitioner has not demonstrated a reasonable likelihood of prevailing on Ground 2 for the same reasons discussed above for Ground 1.” slip op. at 19

  § 103 obviousnesscites Phillips
  Patents in suitUS 11,019,372

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