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  • PTAB · Oct 13, 2026 · IPR2025-00710 · APJ Scott A Daniels · IPR · Final written decision

    Claims 1–7, 9, 13, and 16–20 are unpatentable as obvious over Schneier and over Schneier with Okita; claim 8 was not shown unpatentable under either ground.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “On this record, Petitioner’s proposed level of ordinary skill in the art is not contradicted and is consistent with the technology and descriptions in the ’294 patent and the asserted prior art references. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). For purposes of this Decision, we rely on Petitioner’s proposed level of ordinary skill in the art.” slip op. at 7

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “Petitioner indicates that “[t]his Petition establishes that the prior art meets each of the claim limitations under any reasonable construction. Thus, no express construction is required.” Pet. 13 (citing Ex. 1003 ¶ 86). In its Response, Patent Owner indicates that no constructions are necessary “because under any reasonable construction of the claim terms, the prior art fails to disclose or suggest the claimed features.” PO Resp. 4–5. Because there is no dispute between the parties as to any particular claim term and because the claims, as a whole, are reasonably clear on their face, no specific claim construction is necessary in this proceeding.” slip op. at 8

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableNot shown unpatentableMixed

      “rather than 10 credits, does not have a temporal component. Ex. 1008, 63:31–34. Rather, it describes an option for the user or player to obtain a discount at a particular point in time if the player is willing to purchase 20 rather than 10 credits. Id. Petitioner’s citations to this embodiment do not 9. Pet. 31; Pet. Reply 3–7 (citing Ex. 1008, 63:31–34). In this embodiment the $0.30 and $0.50 multipliers are constant, and the user is simply choosing between two existing options at a particular time to potentially take advantage of a $0.20 discount on credits. Comparatively, the $0.30 and $0.50 multipliers are different, but they are not “variable over time,” as required by claim 9. Ex. 1001, 47:38–40.” slip op. at 17

    • Expert testimonyPetitioner expert discountedDecided for patent owner

      “and reliance on Figure 19 do not in any way explain how updating game costs by meter 502 with a new Cost_Table is relevant to a credit multiplier or even a multiplier being varied over time. Ex. 1003 ¶ 155. Considering this evidence, we determine that Petitioner and Mr. Crevelt’s reliance mainly on snippets from Schneier’s “Updating Cost Information protocol” embodiment does not sufficiently explain why or how a person of ordinary skill in the art would have understood updating game cost to encompass varying a multiplier of credits over time. We also note that during his deposition, Mr. Crevelt was given opportunity to clarify his testimony as to Figure 19 and explain the cost updating embodiment in Schneier, and mostly demurred. See Ex. 2004:158:4–182:6. Explaining his reliance on Figure 19, Mr. Crevelt stated: A: And whatever latest price from that updated cost information coming from the central site is -- is variable, it’s variable as time proceed[s]. It’s a – it’s a, much of a complicated section, and -- but the information is in the Schneier patent and shows that it could have -- it should change over time. Id. at 158:23–159:5. Mr. Crevelt further stated that: A: . . . for a metered play where you’re buying so much time or so many credits or so many games on a specific game and when it runs out, then have you to buy more, and that variable can change over time. relates Schneier’s “updated cost,” with the claimed “multiplier” and “variable,” and does not adequately explain how they are equivalent or interconnected. See, e.g., id. at 160:16–23 (Mr. Crevelt testifying that “we can go from the description of figure 19, which starts at basically the top of column 56 in the Schneier patent, and . . . describes this process in detail of how the information is transferred from one place to the other and updated.”). Mr. Crevelt concludes that Schneier’s description is “complicated,” and from Figure 19 asserts the cost somehow includes a credit multiplier that “could” or “should” change over time. Id. at 158:23– 159:5. Overall, this testimony fails to sufficiently explain or point to persuasive evidence in Schneier as to how or why a person of ordinary skill in the art would have understood that the Figure 19 cost updating embodiment discloses a time-variable multiplier as required in claim 8.” slip op. at 20

    Patent outcomesUS 10,825,294 mixed
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,825,294
  • PTAB · Oct 13, 2026 · IPR2025-00709 · APJ Scott A Daniels · IPR · Final written decision

    Claims 1, 2, 4, 6, 8, 10, 14–18, 21–23, 25, 27, and 29 are unpatentable as obvious over Schneier and over Schneier with Okita; claim 9 was not shown unpatentable.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Patent Owner states it “does not dispute Petitioners’ proposed level of skill, and under any level of skill a POSITA would not understand the asserted Grounds to raise any unpatentability issue.” PO Resp. 4. Patent Owner states further that “this [Patent Owner Response] and supporting declarations apply Petitioner’s proposed level of skill.” Id. On this record, Petitioner’s proposed level of ordinary skill in the art is not contradicted and is consistent with the technology and descriptions in the ’635 patent and the asserted prior art references. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). For purposes of this Decision, we rely on Petitioner’s proposed level of ordinary skill in the art.” slip op. at 7

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “Petitioner indicated in the Petition that “[t]his Petition establishes that the prior art meets each of the claim limitations under any reasonable construction.[] Thus, no express construction is required.” Pet. 12–13 (citing Ex. 1003 ¶ 85). In its Response, Patent Owner indicates that no constructions are necessary “because under any reasonable construction of the claim terms, the prior art fails to disclose or suggest the claimed features.” PO Resp. 4–5. Because there is no dispute between the parties as to any particular claim term and because the claims, as a whole, are reasonably clear on their face, no specific claim construction is necessary in this proceeding.” slip op. at 8

    • Expert testimonyPetitioner expert discountedDecided for patent owner

      “We also note that during his deposition, Mr. Crevelt was given opportunity to clarify his testimony as to Figure 19 and explain the cost updating embodiment in Schneier, and mostly demurred. See Ex. 2004, 158:4–182:6. Explaining his reliance on Figure 19, Mr. Crevelt stated: A: And whatever latest price from that updated cost information coming from the central site is -- is variable, it’s variable as time proceed[s]. It’s a – it’s a, much of a complicated section, and -- but the information is in the Schneier patent and shows that it could have -- it should change over time. Id. at 158:23–159:5. Mr. Crevelt further stated that: A: . . . for a metered play where you’re buying so much time or so many credits or so many games on a specific game and when it runs out, then have you to buy more, and that variable can change over time. Id. at 161:2–6. These explanations are unpersuasive because the testimony relates Schneier’s “updated cost,” with the claimed “multiplier” and “variable,” and does not adequately explain how they are equivalent or interconnected. See, e.g., id. at 160:16–23 (Mr. Crevelt testifying that “we can go from the description of figure 19, which starts at basically the top of column 56 in the Schneier patent, and . . . describes this process in detail of how the information is transferred from one place to the other and updated.”). Mr. Crevelt concludes that Schneier’s description is “complicated,” and from Figure 19 asserts the cost somehow includes a credit multiplier that “could” or “should” change over time. Id. at 158:23– 159:5. Overall, this testimony fails to sufficiently explain or point to in the art would have understood that the Figure 19 cost updating embodiment discloses a time-variable multiplier as required in claim 9.” slip op. at 21

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableNot shown unpatentableMixed

      “Discount Credit Pricing Structure The $0.20 discount described by Schneier for purchasing 20 credits, rather than 10 credits, does not have a temporal component. Ex. 1008, 63:31–34. Rather, it describes an option for the user or player to obtain a discount at a particular point in time if the player is willing to purchase 20 rather than 10 credits. Id. Petitioner’s citations to this embodiment do not address the idea of a time component, i.e., “over time,” as required by claim 9. Pet. 31; Pet. Reply 3–7 (citing Ex. 1008, 63:31–34). In this embodiment the $0.30 and $0.50 multipliers are constant, and the user is simply choosing between two existing options at a particular time to potentially take advantage of a $0.20 discount on credits. Comparatively, the $0.30 and $0.50 multipliers are different, but they are not “variable over time,” as required by claim 9. Ex. 1001, 47:38–40.” slip op. at 18

    Patent outcomesUS 10,650,635 mixed
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,650,635
  • PTAB · Oct 8, 2026 · IPR2025-00711 · APJ Linda E Horner · IPR · Final written decision

    Claims 1, 2, 4–7, 9, 11–13, 15, 19, 23, 24, and 29 are unpatentable as obvious over Kelly, Kelly and Paulsen, or Walker and Schneier.

    RulingsFinal written decision
    • Skill levelSkill level board ownDecided for petitioner

      “B. Level of Ordinary Skill in the Art There is no evidentiary dispute about the level of ordinary skill in the art.7 Based on the testimony of Mr. Crevelt, we determine that a person of ordinary skill in the art would have had at least a bachelor’s degree in computer science or computer engineering, with at least three years of experience in game development. Pet. 12 (citing Ex. 1003 ¶¶ 100–103). Additional experience could substitute for less education, and additional education could likewise substitute for less experience. Id. We determine that the level of ordinary skill in the art adopted above is consistent with the level of technical understanding and competence reflected in the ’164 patent Specification and the asserted prior art references, based on our review of the record.” slip op. at 10

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “Petitioner argues that it is not necessary for the Board to provide an express construction for any claim term because the Petition “establishes the prior art meets each claim limitation under any reasonable construction.” Pet. 13. Patent Owner similarly submits that “[t]he Board need not construe any terms at this stage, because under any reasonable construction of the claim terms, the prior art fails to disclose or suggest the claimed features.” Resp. 8–9. Patent Owner notes, however that “it has relied on the plain meaning of ‘frequency of play’ in Claim 7.” Id. at 9. We agree that no explicit claim construction is necessary for this decision because, even were we to adopt Patent Owner’s proffered plain meaning of “frequency of play,” Petitioner has demonstrated that the prior art renders obvious this claim limitation. To the extent the parties’ arguments raise any implicit issues of claim construction, we address those issues within the context in which they are raised in our analysis below.” slip op. at 11

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable

      “Patent Owner does not contest Petitioner’s showing that Kelly renders obvious the subject matter of claims 1, 2, 4–6, 11–13, 15, 19, 23, 24, and 29. Resp., passim; Tr. 50:4–13.8 We have reviewed Petitioner’s arguments and 8 Patent Owner argued in its Preliminary Response that Kelly does not disclose limitations [1.c.iii] and [1.c.v]. Prelim. Resp. 10–12. In our Institution Decision, we did not find these contentions persuasive based on the initial record. Dec. 20–24. Patent Owner has not presented these or any other arguments contesting Ground 1 as to claim 1 in its Response. Resp., the evidence and, based on that analysis, we find that Petitioner has shown by a preponderance of evidence that Kelly renders obvious the subject matter recited in these claims.” slip op. at 17

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundUnpatentable

      “and Paulsen render obvious claims 2 and 4. Pet. 36–40. Petitioner submits that to the extent Kelly’s player account is not player’s club information or information on non-cash amounts, a person having ordinary skill in the art would have been motivated to implement these features based on the teachings of Paulsen. Id. Specifically, Petitioner asserts that Paulsen teaches player tracking cards and player tracking programs including player tracking points. Id. at 38–40 (citing Ex. 1007 ¶¶ 8, 9, 49). Petitioner argues that a person having ordinary skill in the art would have been led to add these features to Kelly’s system to provide a more detailed view of tracking play, which would allow for rewarding patronage and engagement. Id. at 36–37, 39–40 (citing Ex. 1003 ¶ 264; Ex. 1007 ¶ 10). Paulsen discloses a “gaming machine bonusing method utilizing a player tracking card.” Ex. 1007, code (54). Paulsen discloses that player tracking programs and player tracking cards were used in the art to provide rewards, or “comps,” to players based on the player’s level of patronage (e.g., to the player’s playing frequency and/or total amount of game plays at a given casino). Id. ¶ 8. These rewards were intended to maintain a player’s interest in additional game play during a visit and provide loyalty incentives to players. Id. at ¶ 9.” slip op. at 29

    Patent outcomesUS 11,335,164 unpatentable
    Claim construction§ 103 obviousness
    Patents in suitUS 11,335,164
  • PTAB · Aug 20, 2026 · IPR2025-00343 · APJ Scott A Daniels · IPR · Final written decision

    Claims 1–6 and 8–13 were not shown unpatentable because Petitioner did not establish a reason to combine Bucknell’s multiplexing techniques with Eckert.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedOther

      “Patent Owner does not expressly dispute Petitioner’s definition of a person of ordinary skill in the art. See generally PO Resp. On this record, Petitioner’s proposed level of ordinary skill in the art is not disputed and is consistent with our review and understanding of the technology and descriptions in the ’138 patent and the asserted prior art references. Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). For purposes of this Decision, we rely on Petitioner’s proposed level of ordinary skill in the art.” slip op. at 12

    • Prior constructionPrior construction adoptedDecided for petitioner

      “1. a subset of radio bearers Petitioner points out that in IPR2022-01127 the Board “preliminarily determined that a subset of the plurality of radio bearers” means “less than all of the plurality of radio bearers.” Pet 12 (citing Ex. 1019, 18–19). Petitioner explains that, in the present proceeding, it has applied “the prior art in accordance with that construction; however, in view of the asserted grounds, no claim term requires express construction to find the Challenged Claims unpatentable.” Id. (citing Nidec 868 F.3d 1017). Patent Owner neither disputes the prior construction of “a subset of radio bearers,” nor offers additional constructions. See generally PO Resp. To the extent necessary, and in accordance with our prior determination, we construe “a subset of the plurality of radio bearers” to mean “less than all of the plurality of radio bearers.”” slip op. at 13

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction needed

      “bears pointing out that the specification of the ’138 patent appears to explain what “a single allocation” means: If there are multiple QoS requirements within a single 3GPP PDP context, a single physical allocation of radio resources may be made to the UE. In this manner, a single PDP context implies a single CCTrCh. This single physical allocation of radio resources provided to a UE is shared amongst a number of services, in proportion to their respective QoS requirements, for example in proportion to the signalled weight values (Stier). Ex. 1001, 9:36–43 (emphasis added). Petitioner’s expert, Dr. Ding, explains that the “abbreviation CCTrCh was understood in the art to refer to a transport channel known as the Coded Composite Transport Channel.” Ex. 1003 ¶ 88. Dr. Ding testifies that Eckert teaches selecting data for uplink within a determined TTI and scheduling the uplink transmission on a transport channel, E-DCH, where scheduling of the E-DCH in a UE is controlled by a base station. Eckert, [0012] (“[A] new dedicated transport channel called Enhanced Dedicated Channel (E-DCH) has been introduced for this purpose. The fundamental characteristics of this new transport channel include . . . scheduling controlled by the base station, also called NodeB in UMTS…” Id. ¶ 90. In addition to Eckert disclosing a single transport channel E-DCH, Petitioner argues that Eckert discloses using a “finite quantum of physical resources” where “[t]he ’138 patent disclosure parallels Eckert, with both the E-DCH and CCTrCH transport channels relating to a UMTS uplink, employing spreading codes in code division multiple access (CDMA), and Reply 6 (citing Ex. 1005, ¶¶ 3, 8, 15, 23; Ex. 1071 ¶¶ 17–20; Ex. 1011 ¶¶ 6, 51). We do not need to specifically interpret this claim phrase because there is no actual dispute as to the meaning of the claim language itself and because, ultimately, the construction of this phrase plays no part in our Decision.” slip op. at 15

    • BurdenNot shown unpatentable

      “D. Ground 1: Claims 1–4 and 8–11 – Alleged Obviousness over Eckert in view of Bucknell and Lohr-1 On the complete record now before us, Petitioner has not established a preponderance of evidence that claims 1–4 and 8–11 would have been obvious over Eckert, Bucknell, and Lohr-1. For the reasons explained below we determine that Petitioner has failed to show why a person of ordinary skill in the art would have modified Eckert in view of Bucknell in the manner claimed. We focus our analysis below on claim 1, and more specifically on those limitations for which the combination of Eckert and Bucknell is asserted. 1. Limitations [1.0]–[1.2] and the combination of Eckert and Bucknell The combination of Eckert and Bucknell is essential to each of Petitioner’s asserted grounds in this proceeding. Pet. 13. At the outset, we address this issue because our determination that Petitioner has failed to show why a person of ordinary skill in the art would have combined Eckert and Bucknell is dispositive as to all grounds.” slip op. at 20

    Patent outcomesUS 10,292,138 not shown unpatentable
    Claim construction§ 103 obviousnesscites KSR · Graham
    Patents in suitUS 10,292,138
  • PTAB · Aug 18, 2026 · IPR2025-00339 · APJ Kristen L Droesch · IPR · Final written decision

    Claims 22, 23, 28, and 30 are unpatentable over Choi, Labaziewicz, and Yu; claims 1–3, 10–12, 24, 25, 32, and 33 were not shown unpatentable.

    RulingsFinal written decision
    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningOther

      “We decline Patent Owner’s invitation to construe “during a frame” of “independently controlling simultaneous data acquisition with each of the first and second channels during a frame” by importing the extraneous limitations “at some point between the beginning and the end of the exposure interval during which the image sensors capture a single image.” As pointed out by Petitioner, Patent Owner’s proposed construction is unsupported by the language of claim 22 and the ’180 Specification because Specification does not disclose an exposure interval nor suggest “during a frame” is limited to an exposure interval. Patent Owner and its expert Dr. Saber cite only extrinsic evidence (Exs. 2006, 2009) to support its argument that claim 22 should be limited to an “exposure interval during which the image sensors capture a single image.” See PO Resp. 16–17; Ex. 2020 ¶ 64. Similarly, Patent Owner relies only on extrinsic evidence (e.g., Ex. 2011, 1; Ex. 2022, 1; Ex. 2020 ¶ 66) to limit “during” to “at some point between the beginning and the end.” See id. at 18. When considered in the context of claim 22 and the ’180 Patent Specification which do not limit “during a frame” to an exposure interval, we find that we cannot rely on Patent Owner’s citations to extrinsic evidence to yield a reliable construction for “during a frame.” As demonstrated in the analysis below, we need not provide an explicit construction for “during a frame” to resolve the parties’ disputes regarding the merits of the patentability challenges. See Realtime, 912 F.3d at 1375. We apply the ordinary and customary meaning for “during a frame.” To the extent that an explicit identification of the ordinary and customary meaning may aid the understanding of our analysis, consistent with the language of claim 22 and the ’180 Patent Specification, we find that the ordinary and customary meaning for “during a frame” is “during the period of time that data for an image frame is acquired.” See Ex. 1001, code (57), 20:6–24, 25:23–35.” slip op. at 12

    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “had a bachelor’s degree in electrical engineering, computer engineering, computer science, or a related field and 2-3 years of experience in digital imaging systems,” and that “[l]ess experience may be necessary with additional education, and likewise, less education may be necessary with additional work experience.” Pet. 6 (citing Ex. 1003 ¶¶ 16–19). Patent Owner does not dispute Petitioner’s definition. See generally PO Resp. We adopt Petitioner’s definition of a person of ordinary skill in the art because it is consistent with the level of skill reflected by the ’180 Patent Specification and the prior art of record.” slip op. at 20

    • Disclosure Requirements (§112) › Written description (Ariad)Not entitled to earlier dateDecided for petitioner

      “Owner to show that Labaziewicz is not prior art because the ’180 Patent is entitled to the earliest August 25, 2004, filing date of the ’854 Provisional Application. See Dynamic Drinkware, 800 F.3d at 1379–1380. For a claim in a later-filed application to be entitled to the filing date of an earlier application, the earlier application must provide written description support for the claimed subject matter. Anascape, Ltd. v. Nintendo of Am. Inc., 601 F.3d 1333, 1337 (Fed. Cir. 2010). To satisfy the written description requirement, “a prior application itself must describe an invention, and do so in sufficient detail that one skilled in the art can clearly conclude that the inventor invented the claimed invention as of the filing date sought.” Lockwood v. Am. Airlines, Inc., 107 F.3d 1565, 1572 (Fed. Cir. 1997); see also VasCath v. Mahurkar, 935 F.2d 1555, 1563–64 (Fed. Cir. 1991) (“[T]he applicant must . . . convey with reasonable clarity to those skilled in the art that, as of the filing date sought, he or she was in possession of the invention . . . now claimed.” (emphasis omitted)), Ariad Pharm. Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1352 (Fed. Cir. 2010) (en banc) (“[I]t is the specification itself that must demonstrate possession.”). Patent Owner’s arguments fail to meet this burden of production because, aside from addressing deficiencies of written description support the ’854 Provisional Application provides written description support for all of the limitations of the claimed invention. See PO Resp. 60–64; PO Sur-reply 25–28. Specifically, Patent Owner does not address written description support in the ’854 Provisional Application for “independently controlling simultaneous data acquisition with each of the first and second channels during a frame”––limitation [22.3]––the heart of the parties’ claim construction disputes addressed above in Section II.A. See PO Resp. 60–64; PO Sur-reply 25–27. Accordingly, Patent Owner has not met its burden of production in coming forward with evidence or argument to show possession of the claimed invention in the ’854 Provisional Application. As a result, the burden of production does not shift back to Petitioner, and, therefore, the ’180 Patent is not entitled to the benefit of the August 25, 2004, filing date of the ’854 Provisional Application.” slip op. at 23

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentable

      “Petitioner does not present arguments that it would have been obvious to a person of ordinary skill in the art at the time of the invention to modify the teachings of Matsushima to acquire data for images 62A and 62B at the argues that Matsushima renders obvious this limitation. See id. at 21, 23, 30; PO Resp. 33–34 (“[T]he Petition provides no further explanation why Matsushima renders this limitation obvious.”). In the Reply for the first time, Petitioner asserts that “a POSITA would understand that Matsushima’s disclosure, including its multi-channel architecture, synchronous control of channels, and capturing two images that are scaled versions of the same scene, renders obvious simultaneous acquisition during a frame. Pet. Reply 13 (citing Ex. 1069 ¶ 49). We do not consider Petitioner’s belated argument because it exceeds the proper scope of a reply. A reply may only respond to arguments raised in the corresponding patent owner response. See 37 C.F.R. § 42.23. As explained in the Trial Practice Guide, “respond” “does not mean proceed in a new direction with a new approach as compared to the positions taken in a prior filing.” Trial Practice Guide at II.I. (December 2025)(citing 37 C.F.R. § 42.23).10 A reply that raises a new issue or belatedly presents evidence may not be considered. See id. For example, a “[p]etitioner may not submit new evidence or argument in reply that it could have presented earlier, e.g. to make out a prima facie case of unpatentability.” Id.” slip op. at 32

    Patent outcomesUS 7,916,180 mixed
    Claim construction§ 103 obviousness§ 112 disclosurecites Phillips · KSR · Graham
    Patents in suitUS 7,916,180
  • PTAB · Jul 21, 2026 · IPR2025-00342 · APJ Scott A Daniels · IPR · Final written decision

    Claims 1, 2, and 6–11 were not shown unpatentable because the cited combinations did not teach guiding a vehicle to a fixed destination or calculating the claimed optimized path from stored destination data.

    RulingsFinal written decision
    • Adverse judgmentOther

      “reserves consideration of discretionary issues to the Director. The relief Patent Owner requests is that the panel exercise discretion to terminate these proceedings based on actions taken in related district court proceedings as done in Hulu. Supp. PO Resp. 2. Because the basis for Patent Owner’s requested relief is discretionary, the panel lacks the authority to grant the request. In this regard, the present situation is different from that in Hulu and Sinclair Pharma Limited v. Hydrafacial LLC (IPR2025-00145, Paper 41, Squires, Feb. 12, 2026), cited by Patent Owner. In those cases, the 9 Available at: https://www.uspto.gov/sites/default/files/documents/Director_Institution_of _AIA_Trial_Proceedings.pdf (“Director Institution Memo”). Director ordered de-institution, not the panel. The Director has not made such a determination or delegated such authority to the panel in these proceedings. Indeed, as noted above, Patent Owner has already briefed, and the Director has previously ruled on, discretionary denial issues. Paper 10. Accordingly, we decline to vacate our Institution Decision and focus our analysis on the merits of the case as presented by the parties.” slip op. at 8

    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “We consider the asserted grounds of unpatentability in view of the understanding of a person of ordinary skill in the art. In assessing the level of ordinary skill in the art, various factors may be considered, including the “type of problems encountered in the art; prior art solutions to those problems; rapidity with which innovations are made; sophistication of the technology; and educational level of active workers in the field.” In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (quoting Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 962 (Fed. Cir. 1986)). “[O]ne or more factors may predominate.” Id. Petitioner asserts that ordinarily skilled artisans “would have had a bachelor’s degree in electrical engineering, computer engineering, computer science, or a related subject, and four years of work experience in image processing, automated vehicle control/navigation, or a related field.” Pet. 7. Petitioner’s proposed definition, which Patent Owner does not dispute, appears reasonable and consistent with the asserted prior art and the ’805 patent, and we adopt it here. See generally, PO Resp. Based on this record, and because there is no dispute, we adopt Petitioner’s articulation of the level of ordinary skill in the art, which is consistent with the ’805 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (the prior art, itself, can reflect appropriate level of ordinary skill in art).” slip op. at 10

    • Claim Construction › Intrinsic evidence (Phillips canons) › Specification disavowal / 'present invention' languageTerm construed patent owner constructionDecided for patent owner

      “Here, in our opinion, Patent Owner has shown that the Specification describes the potential destinations of a vehicle as limited to physically fixed, non-transient objects or features. PO Resp. 18–21. As an initial matter the ’805 patent is titled “Docking Assistant” and explains its purpose for guiding a “vehicle to a stop at a specific location.” Ex. 1001, codes (53), (57), Abstract. We acknowledge that claim 1 does not expressly recite that “at least one potential destination” is a fixed destination or location. See id. at 7:61– 63 (Claim 1 requiring “extracting from the acquired image data positional parameters of at least one potential destination relative to the motor vehicle;”). Yet, in the context of the relatively brief specification, there is no explanation, example, or embodiment which reasonably extends the meaning of “destination” or “potential destination” beyond a fixed location. The ’805 patent describes in the Abstract that [m]any day-to-day driving situations require that an operator of a motor vehicle guide the motor vehicle along a specific course and bring the vehicle to a stop at a specific location, for example in a parking bay or at a loading platform. Id. at code (57) Abstract. The Abstract explains in the next sentence that “[t]o assist a vehicle operator in such situations, a method and a suitable device for implementing this method, include detecting the potential target objects in the image data of an image sensor and identifying the potential target objects as potential destinations in a multi-stage exclusionary method.” Id. (emphasis added). Nowhere in this initial description of the invention, nor anywhere else that Petitioner points to, is there is expansion of the “specific location” or “potential destination” beyond a docking station or parking bay. Of course, the claim is not limited to these examples, as it would be inappropriate to read in such limitations from the Specification. See Acceleration Bay, LLC v. Activision Blizzard Inc., 908 F.3d 765, 771 (Fed. Cir. 2018) (“Acceleration again attempts to import structural limitations into claims lacking those limitations. . . . While the specifications discuss a broadcast channel overlaying a network, the claims at issue are not so limited.”).” slip op. at 14

    • Expert testimonyPatent owner expert creditedDecided for patent owner

      “Patent Owner’s declarant, Dr. Majumder, testifies to the contrary that “[r]ead as an engineer, the ‘805 patent’s present invention is framed around guiding a vehicle to fixed, physical destinations (exemplified by docking stations and similar structures) without fiducials or special markings.” Ex. 2010 ¶ 81. Considering Broggi, Dr. Majumder testifies further that “[a] moving object, such as a preceding car, is not a valid destination under the ‘805 Patent, because it is not a stationary location at which the host vehicle can be guided to stop. To treat such a vehicle as a ‘potential destination’ would lead to collision, not guidance.” Id. ¶ 86. As discussed in our claim construction, given a plain reading of claim 1 in light of the Specification, our understanding of the ’805 patent is consistent with Dr. Majumder’s testimony. We agree that Broggi is directed expressly to the platooning of moving vehicles, and not physically fixed destinations as the proper claim construction requires. Because Broggi does not disclose the use of physically fixed “potential destinations” as required, e.g., in limitations [1.2]–[1.3], and neither Huttenlocher nor Brady are relied upon to overcome this deficiency, Petitioner has not met its burden of persuasion to show by a preponderance of the evidence that claim 1 would have been obvious over Broggi in view of Huttenlocher and Brady.” slip op. at 27

    Patent outcomesUS 7,336,805 not shown unpatentable
    Claim construction§ 103 obviousnesscites Phillips · Markman · KSR · Graham
    Patents in suitUS 7,336,805
  • PTAB · Jul 6, 2026 · IPR2025-00221 · APJ Scott A Daniels · IPR · Final written decision

    Claims 1–8 are unpatentable as obvious: claims 1, 2, 5, and 6 over Dateki; claims 3 and 7 over Dateki and Mate; and claims 4 and 8 over Dateki and Chitrapu.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “[w]ould have been someone knowledgeable and familiar with the wireless communications systems that are pertinent to the ’889 patent. That person would have a bachelor’s degree in electrical engineering, computer engineering, computer science, or equivalent training, and approximately two years of experience working in the field of wireless communication systems or design of similar communication systems. Pet. 18–19 (citing Ex. 1003 ¶ 25). Patent Owner does not dispute Petitioner’s contention as to the level of ordinary skill in the art. See generally, PO Resp. Based on this record, and because there is no dispute, we adopt Petitioner’s articulation of the level of ordinary skill in the art, which is consistent with the ’889 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (the prior art, itself, can reflect appropriate level of ordinary skill in art).” slip op. at 11

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther

      “do not recite, as Patent Owner interprets it, that the extracted power control information upon which the UE bases its transmission of a signal be “the same” power control information extracted from the control message. PO Resp. 25. Where the claim is clear on its face, we decline to inject “the same” into the construction, that is, words that are not actually in the claim. Yet considering the plain language of claim 1, we mostly agree with Patent Owner’s interpretation, namely that “a transmission power level based on the extracted power control information,” as required in limitation [1.6] includes power control information extracted from “the control message,” in limitation [1.5] having “power control bits for a plurality of UEs” as recited in limitation [1.4]. Ex. 1001, 10:2–19. We understand and interpret the concluding limitation in method-type claim 5 in the same manner as limitation [1.6].” slip op. at 13

    • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner

      “do not recite, as Patent Owner interprets it, that the extracted power control information upon which the UE bases its transmission of a signal be “the same” power control information extracted from the control message. PO Resp. 25. Where the claim is clear on its face, we decline to inject “the same” into the construction, that is, words that are not actually in the claim. Yet considering the plain language of claim 1, we mostly agree with Patent Owner’s interpretation, namely that “a transmission power level based on the extracted power control information,” as required in limitation [1.6] includes power control information extracted from “the control message,” in limitation [1.5] having “power control bits for a plurality of UEs” as recited in limitation [1.4]. Ex. 1001, 10:2–19. We understand and interpret the concluding limitation in method-type claim 5 in the same manner as limitation [1.6].” slip op. at 13

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable

      “where packet transmission is conducted, “the transmission power control information is transmitted via the HS-SCCH as second transmission power control information TPCC at a shorter periodic cycle.” PO Resp. 11 (quoting Ex. 1005, 13:11–13). But in context, after describing transmission of TPCC 1 on F-DPCH, Dateki says “[a]lso, in a case where packet transmission is conducted, the transmission power control information is transmitted via the HS-SCCH as second transmission power control information TPCC at a shorter periodic cycle.” Ex. 1005, 13:8–13 (emphasis added). We find it significant that the word “also” is used by Dateki, here, to describe the relationship of TPCC 1 and TPCC 2 as used together. If the intent was to transmit and use only TPCC 2 on HS-SCCH when data packets are transmitted on HS-PDCH, it would have made more sense to say “alternatively,” and otherwise make clear that only TPCC 2 is transmitted. But they did not. On the other hand, the inventors certainly understood how to explain when TPCC 2 is not transmitted. For example, Dateki makes clear that in certain embodiments TPCC 2 is unnecessary and “transmission power control may be effectively realized without including transmission power control information in the HS-SCCH.” Id. at 14:33–35. The same cannot be said for TPCC 1.” slip op. at 30

    Patent outcomesUS 11,664,889 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 11,664,889
  • PTAB · Jul 1, 2026 · IPR2025-00222 · APJ Frederick C Laney · IPR · Final written decision

    Claims 1, 2, 4, 5, 8–11, 13, and 14 are unpatentable over Yu and Miyazaki; claims 15, 16, and 19 were not shown unpatentable over Matsushima.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Petitioner contends that a person of ordinary skill in the art “at, and before, the earliest claimed priority date of the ’158 patent . . . would have had a bachelor’s degree in electrical engineering, computer engineering, computer science, or a related field and 2–3 years of experience in digital imaging systems,” adding that “[l]ess experience may be sufficient with additional education, and likewise, less education may be sufficient with additional work experience.” Pet. 6–7 (citing Ex. 1003 ¶¶ 16–18). Patent Owner does not offer a competing definition or dispute Petitioner's articulation. Based on the entire record, we adopt Petitioner’s characterization of the level of skill for one of ordinary skill in the art because that characterization, we find, is consistent with the ’158 patent and the asserted prior art.” slip op. at 9

    • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownOther

      “We determine that the claims require a per-channel determination of integration time—that is, an integration time arrived at for each sensor or channel individually—and cannot be satisfied by a single global value merely applied uniformly across the sensors. We do not, however, read the independent claims to require that the per-channel integration times differ from one another.” slip op. at 11

    • Claim Construction › Intrinsic evidence (Phillips canons) › Lexicography (patentee as own lexicographer)Term construed board ownDecided for patent owner

      “We adopt the definition clearly and unambiguously set forth in the specification, which was likewise adopted by the Court in the related litigation. See Pet. 7–8, 55; Pet. Reply 1–2 (district court construing the term to mean “the time the image sensor collects and integrates signal from the scene”). The specification states that the integrated photo-charge “is directly related to the time the image sensor collects and integrates signal from the scene,” and that “[t]his is known as integration time.” Ex. 1001, 4:4–7. Accordingly, the ’158 patent demonstrates that the inventors indisputably acted as a lexicographer for the term “integration time.”” slip op. at 13

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownOther

      “We construe “during a frame” to mean the period during which data for a single frame of an image is captured. The limitation is satisfied where the per-channel integration time is effectuated during the frame; it does not require that the integration time be re-determined mid-frame, nor does it require actuation of a “charge integration switch.” The specification’s only use of the phrase confirms this reading: “each camera channel is controlled during a frame under an independent integration time.” Ex. 1001, 3:45–50. Consistent with that usage, the specification describes selecting an integration time for each channel and then integrating the photo-signal “within a single frame of data,” and describes placing the charge-integration switch in a state to allow charge to accumulate for the selected period and then transferring the accumulated charge upon completion of the integration period. Id. at 4:51–54, 11:3–18. We decline Patent Owner’s proposal to require in-frame actuation of a charge-integration switch, for the same reason we decline to import that structure into “integration time.” We also decline to read the phrase to require mid-frame re-determination of the integration time, because the patent’s own embodiment selects an integration time and then integrates charge during the frame under that selected time. Ex. 1001, 4:51–54, 11:3– 18. So construed, “during a frame” is not redundant of the independentclaim limitation: it adds that the per-channel control occurs within a single frame (intrascene), as distinct from adjustment from one frame to the next (interscene).” slip op. at 15

    Patent outcomesUS 9,232,158 mixed
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 9,232,158
  • PTAB · May 27, 2026 · IPR2022-01093 · APJ Scott A Daniels · IPR · Remand

    Claims 13 and 14 were not shown unpatentable because the evidence did not establish that the received card information defines the memory location for the biometric signature.

    RulingsRemand decision
    • RemandOther

      “On appeal, the U.S. Court of Appeals for the Federal Circuit reversed our Original Decision and remanded the case for further proceedings. CPC Pat. Techs. Pty Ltd. v. ASSA Abloy AB, No. 2024-1492, 2025 WL 3134960, at *1 (Fed. Cir. Nov. 10, 2025), Paper 43. The Federal Circuit also noted that in light of the affirmance of our decision in another proceeding, IPR2022- 00600, challenging the same patent, the “errors the Board made in this appeal only extends to claims 3–18, which were not at issue in the other appeal.” Id. at *3 n 1. Therefore, in this proceeding, only challenged claims 13 and 14 remain. At the request of the parties, we permitted additional briefing addressing the issues on remand from the Federal Circuit. Paper 44. Petitioner filed an opening brief (Paper 51 (“Pet. Remand Br.”)), and Patent Owner filed an opening brief (Paper 52 (“PO Remand Br.”)). Both parties also filed responsive briefs. Paper 54 (“Pet. Responsive Br.”); Paper 55 (“PO Responsive Br.”). This is a Final Written Decision on Remand addressing the patentability of the remaining challenged claims 13 and 14. To prevail, Petitioner must prove unpatentability by a preponderance of the evidence. See 35 U.S.C. § 316(e); 37 C.F.R. § 42.1(d). This Final Written Decision on Remand is issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73.” slip op. at 3

    • BurdenNot shown unpatentable

      “offers nothing to suggest that its card information ‘tells you’ where to store the fingerprint data.” ASSA ABLOY AB, 2025 WL 3134960 at *3. Reversing our determinations as to Hsu, the Court found that the testimony of Petitioner’s declarant, Mr. Lipoff, “merely confirms the associative link between the card information and the biometric data. Still missing is any non-conclusory testimony that Hsu’s card information determines the memory location of the biometric data.” Id. at 8. Therefore, on remand, a central question is whether Petitioner has shown sufficiently that Tsukamura cures this deficiency. Petitioner has not done so. In the Petition, Petitioner relies on Tsukamura for teaching a specific location for storing fingerprint data. See Pet. 75 (stating that “Tsukamura’s index number specifies the physical memory location in the memory”). Petitioner argues that “[t]hus, Tsukamura discloses defining, dependent upon the “index number N index,” a memory location for storing a biometric signature (e.g., a fingerprint template), i.e., ‘a memory location is specified by the card information.’” Id. at 75–76 (citing Ex. 1006 ¶ 215). In support, Petitioner’s declarant, Mr. Lipoff, testifies that “[i]f the Tsukamura implementation were used for Sanford-Hsu database, each user/account number would specify a different entry (index number) in the database.” Ex. 1006 ¶ 394. Tsukamura’s index number N index does not teach or suggest much more than Hsu’s using “an account number or employee number, to access a stored there during an enrollment procedure.” Compare Ex. 1004, code (57), with Ex. 1005, 4:7–11. That is, both references arguably teach defining, i.e., setting or establishing, a certain location in a database for biometric data. For example, as described above, Tsukamura’s fingerprint template Temp is stored in flash ROM 35 at a defined index number N index in the database. Id. 4:7–11, 50–54. However, neither Petitioner, nor Mr. Lipoff, persuasively explain how or why Tsukamura’s fingerprint template Temp, stored at index number N index, is commensurate with “means for defining, dependent upon the received card information, a memory location in a local memory external to the card” as recited in claim limitation 13[C]. Ex. 1001, 14:3–5 (emphasis added).” slip op. at 22

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentable

      “Tsukamura’s index number N index does not teach or suggest much more than Hsu’s using “an account number or employee number, to access a stored there during an enrollment procedure.” Compare Ex. 1004, code (57), with Ex. 1005, 4:7–11. That is, both references arguably teach defining, i.e., setting or establishing, a certain location in a database for biometric data. For example, as described above, Tsukamura’s fingerprint template Temp is stored in flash ROM 35 at a defined index number N index in the database. Id. 4:7–11, 50–54. However, neither Petitioner, nor Mr. Lipoff, persuasively explain how or why Tsukamura’s fingerprint template Temp, stored at index number N index, is commensurate with “means for defining, dependent upon the received card information, a memory location in a local memory external to the card” as recited in claim limitation 13[C]. Ex. 1001, 14:3–5 (emphasis added).” slip op. at 22

    • Expert testimonyPetitioner expert discountedDecided for patent owner

      “Tsukamura’s index number specifies the physical memory location in the memory. Thus, Tsukamura discloses defining, dependent upon the “index number N index,” a memory location for storing a biometric signature (e.g., a fingerprint template), i.e., the memory location is specified by the index number, under the Second Construction. In my opinion, if the Tsukamura implementation were used for Sanford-Hsu database, each user/account number would specify a different entry (index number) in the database. Ex. 1006 ¶ 394. This is consistent with our understanding of Tsukamura, and we can agree that Tsukamura teaches defining—that is, setting or establishing—a location for storing the biometric signature at “index number N index.” See Ex. 1005, 4:7–11. However, considering the Federal Circuit’s decision, we determine such an associative link does not sufficiently explain how one of ordinary skill in the art would have understood Tsukamura’s IC” slip op. at 23

    Patent outcomesUS 8,620,039 not shown unpatentable
    Claim construction§ 103 obviousness
    Patents in suitUS 8,620,039
  • PTAB · May 8, 2026 · IPR2022-01094 · APJ Scott A Daniels · IPR · Remand

    Claims 3–12 and 15–18 were not shown unpatentable because the asserted combinations did not establish that card information defined the memory location for storing the biometric signature.

    RulingsRemand decision
    • BurdenNot shown unpatentable

      “onset to show with particularity why the patent it challenges is unpatentable.” Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1363 (Fed. Cir. 2016) (citing 35 U.S.C. § 312(a)(3) as “requiring [inter partes review] petitions to identify ‘with particularity . . . the evidence that supports the grounds for the challenge to each claim’”); see also 37 C.F.R. § 42.104(b) (requiring a petition for inter partes review to identify how the challenged claim is to be construed and where each element of the claim is found in the prior art patents or printed publications relied upon). That burden never shifts to the patentee. Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015). Furthermore, Petitioner cannot satisfy its burden of proving obviousness by employing “mere conclusory statements.” In re Magnum Oil Tools Int’l, Ltd., 829 F.3d 1364, 1380 (Fed. Cir. 2016).” slip op. at 10

    • Skill levelOther

      “B. Level of Ordinary Skill in the Art Consistent with our Original Decision, a person of ordinary skill in the art at the time of the ’039 Patent would have had at least a bachelor’s degree in computer engineering, computer science, electrical engineering, or a related field, with at least one year of experience in the field of human-machine interfaces and device access security. Additional education or experience might substitute for the above requirements.” slip op. at 11

    • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner

      “1. Limitation 3(da) The issues on remand revolve essentially around limitation 3(da): Limitation 3(da) – storing the inputted biometric signature in a memory at a memory location defined by the provided card information; Ex. 1001, 12:61–63. Considering limitation 3(da) in our Original Decision, we explained that during an enrollment process the claimed “biometric signature,” e.g., a fingerprint, is not yet stored in the memory, and no memory location or address has been “defined,” as in “set” or “established,” in the memory for storing the fingerprint, until card information is received. Once the card information and fingerprint are received during enrollment, the card information provides data that establishes where, i.e., at what memory location or address, the system will store the fingerprint data. Original Decision 16.” slip op. at 12

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

      “Tsukamura’s index number N index does not teach or suggest much more than Hsu’s using “an account number or employee number, to access a fingerprint database (44) and retrieve reference fingerprint data previously stored there during an enrollment procedure.” Compare Ex. 1004, code (57), with Ex. 1005, 4:7–11. That is, both references arguably teach defining, i.e., setting or establishing, a certain location in a database for biometric data. For example, as described above, Tsukamura’s fingerprint template Temp is Id. 4:7–11, 50–54. However, neither Petitioner, nor Mr. Lipoff, persuasively explain how or why Tsukamura’s fingerprint template Temp is set or established “at a memory location defined by the provided card information” as recited in claim limitation 3(da). Taking a close look at Petitioner’s testimonial evidence as to claim 3, we first note Mr. Lipoff testifies that Tsukamura’s index number specifies the physical memory location in the memory. Thus, Tsukamura discloses defining, dependent upon the “index number N index,” a memory location for storing a biometric signature (e.g., a fingerprint template), i.e., the memory location is specified by the index number, under the Second Construction. In my opinion, if the Tsukamura implementation were used for Sanford-Hsu database, each user/account number would specify a different entry (index number) in the database. Ex. 1006 ¶ 394. This is consistent with our understanding of Tsukamura, and we can agree that Tsukamura teaches defining—that is, setting or establishing—a location for storing the biometric signature at “index number N index.” See Ex. 1005, 4:7–11. But, concomitant with the Federal Circuit’s point, such an associative link does not sufficiently explain how one of ordinary skill in the art would have understood Tsukamura’s IC card information to define “as in ‘set’ or ‘establish[]’” a memory location, as our claim construction requires. See Section II.C.3.” slip op. at 22

    Patent outcomesUS 8,620,039 not shown unpatentable
    Claim construction§ 103 obviousness
    Patents in suitUS 8,620,039
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