• Thermaltake Technology Co., Ltd. / Thermaltake Inc. v. Chien-Hao ChenAll claims unpatentable
  PTAB · Feb 17, 2026 · IPR2024-01230 · APJ Andreas Baltatzis · IPR · Final written decision

  Claims 1–5 are unpatentable; substitute claims 6 and 7 are unpatentable, and the Revised Motion to Amend is denied.

  RulingsFinal written decision

  • Skill levelSkill level board ownDecided for petitioner

    “our Institution Decision comports with the qualifications a person would have needed to understand and implement the teachings of the ’336 patent and the prior art of record. Inst. Dec. 15. Accordingly, we adopt the level of skill discussed in our Institution Decision. C.” slip op. at 11

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

    “Pharms. Inc. v. Amino Chemicals Ltd., 715 F.3d 1363, 1374 (Fed. Cir. 2013)). Accordingly, Patent Owner applies a different definition of “side,” in claim 1’s recitation of “an illumination area on at least two sides of the fan at top of the body,” to that definition used to understand “side[s] of the body,” discussed above. Specifically, Patent Owner argues that Petitioner’s dictionary definition of “side,” including “an area next to something” applies to “an illumination area on at least two sides of the fan at the top of the body.” See id. at 8–9.” slip op. at 17

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

    “Hasegawa, and Huang teaches or suggests the limitations of claim 3, and that one skilled in the art would have been motivated to combine those teachings with a reasonable expectation of success. See Ex. 1004 ¶¶ 136– 140; Ex. 1008, 8:4–15, 3:20–29. Accordingly, we determine that claim 3 would have been obvious over Lai and Huang, or Lai, Hasegawa, and Huang. F.” slip op. at 50

  • 112 supportMotion to amend, deniedDenied

    “c) Conclusion We conclude that Patent Owner's Revised Motion to Amend adds new” slip op. at 90

  Patent outcomesUS 10,690,336 unpatentable
  Claim construction§ 103 obviousness§ 112 disclosurecites Phillips · KSR · Graham
  Patents in suitUS 10,690,336
• Apple Inc. v. Smith Interface Technologies, LLCAll claims unpatentable
  PTAB · Jan 26, 2026 · IPR2024-01084 · APJ Jeffrey S Smith · IPR · Final written decision

  Claims 1–4, 8–18, 22–30, and 34–39 are unpatentable as obvious over Shiplacoff and over Shiplacoff combined with Nan.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “have had a bachelor’s degree in computer science, computer engineering, electrical engineering, human-computer interaction, or a comparable field and at least two years of professional experience in the design and development of graphical user interfaces (GUIs), human-computer interfaces, or equivalents thereof. Pet. 4 (citing Ex. 1003 ¶ 22). Petitioner’s declarant, Loren Terveen, Ph.D., testifies that “[s]uch experience could be obtained through research and study in a graduate program or through comparable exposure through industry employment, and additional years of experience could substitute for the advanced-level degree.” Ex. 1003 ¶ 22. Patent Owner agrees with this definition. PO Resp. 13 (citing Dec. 5). As Petitioner’s description of a person of ordinary skill appears commensurate with the subject matter before us, we apply Petitioner’s definition for purposes of this Decision. Also, the level of ordinary skill in the art can be evidenced by the references cited, and we find it commensurate with the cited references in this proceeding. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001); In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995); In re Oelrich, 579 F.2d 86, 91 (CCPA 1978).” slip op. at 5

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

    “according to the Phillips standard.” Pet. 4. Patent Owner contends that under the plain language of claim 1, the “one or more criteria” is satisfied when a “movement parameter” of “the second input” is detected to be “above a movement threshold.” PO Resp. 14. Patent Owner contends that under the plain language of claim 27, the “second one or more criteria” is satisfied when “a duration parameter” of the “second input” is detected to be “above a duration threshold.” Id. at 15. Patent Owner contends that the plain language of limitations [1j] and [1k] requires an operation capable of detecting a second input by a second contact that includes movement across a display in a direction, determining whether the second input meets or does not meet the recited criteria, and triggers performance of each of the corresponding display actions as appropriate. Id. at 15–19. Patent Owner 15. Id. at 21–23. Patent Owner contends that the plain language of limitations [27d]–[27f] recited in claim 27 require an operation that enables the device to detect a second input by a second contact that includes movement across the display in a direction, determine whether the second input meets or does not meet the two recited criteria, and trigger performance of each of the recited display actions as appropriate. Id. at 19– 20. Patent Owner contends that for “the second input” recited in limitations [1j] and [1k], “the second input” must be detected in the same operational context. Id. at 23–24. In particular, Patent Owner contends that limitations [1j] and [1k], and similar limitations recited in claims 15 and 27, “require a single, common contact event as the starting point of the claimed logic operations.” Id. at 24; see id. at 25–26. We do not need to determine whether Patent Owner’s proposed constructions are correct, because under either Petitioner’s or Patent Owner’s proposed constructions, we find that the prior art would have rendered all challenged claims obvious as discussed below in our patentability analysis.” slip op. at 6

  • Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner

    “at 418; see also id. at 421 (“A person of ordinary skill is . . . a person of ordinary creativity, not an automaton.”). Patent Owner’s contention and the supporting testimony of Dr. Madisetti does not address Shiplacoff’s teaching of using a gesture, such as Shiplacoff’s flick gesture, to return to launch screen. We agree with Petitioner and Dr. Terveen in finding that Shiplacoff’s disclosure that “returning to the launch screen . . . is performed by performing a gesture” (Ex. 1004 ¶ 99) such as a flicking gesture (Ex. 1004 ¶¶ 126, 129; Ex. 1023 ¶ 13) teaches using a flicking gesture to return from home screen to launch screen. See Pet. 16, 22–24; Ex. 1003 ¶¶ 52–53, 59; Ex. 1023 ¶ 13; Reply 7–10. Because Dr. Terveen’s testimony is consistent with and supported by the teachings of Shiplacoff as a whole (in contrast to that of Dr. Madisetti), we credit the testimony of Dr. Terveen in finding that using a gesture to return from home screen to launch screen as taught by Shiplacoff, where the gesture is a flick gesture as taught by Shiplacoff, yields the predictable result of using a flick gesture to return from home screen to launch screen. Ex. 1023 ¶ 13; Ex. 1003 ¶¶ 52–61; KSR, 550 U.S. at 416.” slip op. at 21

  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner

    “articulate why a person of ordinary skill in the art would have used Shiplacoff’s flicking gesture to switch from full screen mode to the launch screen. PO Resp. 47–49. Petitioner contends that Shiplacoff’s swipe up gesture teaches limitation [1j] by including a movement parameter above a movement threshold. Pet. 17–23. Petitioner contends that Shiplacoff teaches that a user can perform another gesture to return to the home screen. Id. at 23. Petitioner contends that when a gesture different from the swipe up gesture is used to return to the home screen, a person of ordinary skill would have used a flicking gesture because the flicking gesture has a different movement parameter than the swipe up gesture, namely, a movement parameter that does not meet the movement threshold. Pet. 23– 24 (citing Ex. 1004 ¶¶ 99–102, 167; Ex. 1003 ¶¶ 60–61). We agree with Petitioner for the reasons given in the Petition and as discussed above. We reiterate that using a gesture to return from home screen to launch screen as taught by Shiplacoff, where the gesture is a flicking gesture as taught by Shiplacoff, yields the predictable result of using a flicking gesture to return from home screen to launch screen. Ex. 1023 ¶ 13; Ex. 1003 ¶¶ 52–61; KSR, 550 U.S. at 416. We disagree with Patent Owner’s contention that Shiplacoff teaches away from using the flicking gesture to switch from full screen mode to the launch screen because, according to Patent Owner, Shiplacoff already uses the flick gesture to perform scrolling in full screen mode. PO Resp. 49–52 the same gesture in a given mode can be assigned to different functions depending on where, when, and how the gesture is input by the user, as discussed above. Reply 11–12 (discussing Shiplacoff’s teaching of associating the same tap gesture with different functions depending on where the tap occurs), 13–14 (discussing Duarte’s teaching of associating both a drag gesture and a scrolling gesture to the same mode). Ex. 1023 ¶¶ 16–19. We agree with Petitioner and Dr. Terveen, that based on the teachings of Shiplacoff (and, by incorporation, Duarte), a person of ordinary skill in the art would have recognized that a flick started in area 102 or near an edge of screen 101 and continuing onto screen 101 would be distinguished from a flick entirely within screen 101 based on location, and would perform a different function. Ex. 1023 ¶¶ 18–19. We also agree with Petitioner and Dr. Terveen, that Duarte teaches associating a gesture with one function when a modifier key is not pressed, and associating the same gesture with a different function when the modifier key is pressed, such that a flick performed when the key is not pressed would perform one function such as scrolling and a flick performed when the key is pressed would perform another, such as changing the display mode. Reply 15 (citing Ex. 2003 ¶ 64; Ex. 1023 ¶ 20). We agree with Petitioner that Shiplacoff does not teach away from using a flicking gesture to change from full screen mode to home screen because it “does not criticize, discredit, or otherwise discourage investigation into the invention claimed.” Reply 10 (quoting Depuy Spine, 567 F.3d at1327).” slip op. at 25

  Patent outcomesUS 10,649,578 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 10,649,578
• Universal Electronics, Inc. / Gemstar Technology (Qinzhou) Co. Ltd. et al. v. ROKU, Inc.All claims unpatentable
  PTAB · Jan 21, 2026 · IPR2022-00818 · APJ Russell E Cass · IPR · Remand

  On remand, the Board held claim 11 unpatentable under §103 over Wouters and Verzulli because Wouters’s fixer saves the combined codeset for reinstallation.

  RulingsRemand decision

  • RemandOther

    “We agree with Petitioner that the above-quoted paragraph of Wouters teaches “combining . . . correct working codes from the scanned remote control code-sets into a new custom configuration code set” using Wouters’s “fixer,” which combines the codes into a custom codeset, gives it a name, such as “user1,” and stores it in a memory (the “RC code set data base”). See Pet. Reply 2; Ex. 1009, 10:18–20. This custom codeset includes a combination of the working codes previously tested and installed by the user. Ex. 1009, 10:18–20. We also find that the above-quoted paragraph of Wouters teaches “installing . . . the combined correct working codes of the new custom configuration code set for use by the remote control.” Specifically, Wouters teaches that, when the remote control’s batteries die, “the user may easily reinstall the chosen code set by choosing ‘user1’ from the proposed list or immediately selecting ‘user1.’” Ex. 1009, 10:20–22 (emphasis added). This reinstallation is of the combined correct working codes of a new custom configuration codeset previously stored and named by the fixer, such as the “user1” codeset. Id. at 10:20–24. We find that Wouters’s “reinstallation” of the chosen code set (e.g., the “user1” codeset) is an “installation” of that codeset. The claim merely recites “installing” the codeset, and does not distinguish between an initial installation and a re-installation, such as after the batteries of the remote control die. Ex. 1001, 10:45. Patent Owner also does not point to anything in the ’875 patent Specification or the other intrinsic evidence that would limit the “installing” in limitation 11[e] to an initial installation, or that would exclude a re-installation after the remote control’s batteries die. Consequently, we find that Wouters’s reinstallation of the codeset after the batteries die is an “install[ation]” as required by limitation 11[e]. We further agree with Petitioner that the Wouters-Verzulli combination discloses that these operations would be performed using a processor and memory, which Patent Owner does not appear to dispute. FWD 52; Pet. 24–27, 37; PO” slip op. at 20

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

    “Additionally, the obviousness inquiry typically requires an analysis of “whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue.” KSR, 550 U.S. at 418 (citing In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006) (requiring “articulated reasoning with some rational underpinning to support the legal conclusion of obviousness”)); see In re Warsaw Orthopedic, Inc., 832 F.3d 1327, 1333 (Fed. Cir. 2016) (citing DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360 (Fed. Cir. 2006)).” slip op. at 10

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

    “We agree with Petitioner that the above-quoted paragraph of Wouters teaches “combining . . . correct working codes from the scanned remote control code-sets into a new custom configuration code set” using Wouters’s “fixer,” which combines the codes into a custom codeset, gives it a name, such as “user1,” and stores it in a memory (the “RC code set data base”). See Pet. Reply 2; Ex. 1009, 10:18–20. This custom codeset includes a combination of the working codes previously tested and installed by the user. Ex. 1009, 10:18–20. We also find that the above-quoted paragraph of Wouters teaches “installing . . . the combined correct working codes of the new custom configuration code set for use by the remote control.” Specifically, Wouters teaches that, when the remote control’s batteries die, “the user may easily reinstall the chosen code set by choosing ‘user1’ from the proposed list or immediately selecting ‘user1.’” Ex. 1009, 10:20–22 (emphasis added). This reinstallation is of the combined correct working codes of a new custom configuration codeset previously stored and named by the fixer, such as the “user1” codeset. Id. at 10:20–24. We find that Wouters’s “reinstallation” of the chosen code set (e.g., the “user1” codeset) is an “installation” of that codeset. The claim merely recites “installing” the codeset, and does not distinguish between an initial installation and a re-installation, such as after the batteries of the remote control die. Ex. 1001, 10:45. Patent Owner also does not point to anything in the ’875 patent Specification or the other intrinsic evidence that would limit the “installing” in limitation 11[e] to an initial installation, or that would exclude a re-installation after the remote control’s batteries die. Consequently, we find that Wouters’s reinstallation of the codeset after the batteries die is an “install[ation]” as required by limitation 11[e]. We further agree with Petitioner that the Wouters-Verzulli combination discloses that these operations would be performed using a processor and memory, which Patent Owner does not appear to dispute. FWD 52; Pet. 24–27, 37; PO” slip op. at 20

  • Strike new argumentNew argument consideredDecided for petitioner

    “We also find that Petitioner has not forfeited its argument that Wouters’s fixer and reinstallation functionality satisfies limitation 11[e]. The Petition pointed to Wouters’s “fixer” for limitation 11[e], and cited Dr. Houh’s Declaration specifically identifying and quoting Wouters’s disclosure of reinstallation at page 10, lines 14 through 24. Pet. 35 (quoting Ex. 1009, 10:14–20) (citing Ex. 1002 ¶ 167); Ex. 1003 ¶ 167 (quoting Ex. 1009, 10:14–24). We find that a person of ordinary skill in the art reading the Petition and its cited evidence (including paragraph 167 of Dr. Houh’s first Declaration) would be apprised that Petitioner was relying on the portion of Wouters describing the “fixer” and reinstallation functionality.” slip op. at 23

  Patent outcomesUS 8,378,875 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 8,378,875
• Smaxtec Inc. / Smaxtec Animal Care GmbH v. St Reproductive Technologies, LLCAll claims unpatentable
  PTAB · Nov 20, 2025 · IPR2024-00875 · APJ Andreas Baltatzis · IPR · Final written decision

  Claims 1–4, 6, and 17–20 are unpatentable under the Trevarthen and Laitinen-based obviousness grounds; claim 6 was not shown unpatentable over Trevarthen alone.

  RulingsFinal written decision

  • Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner

    “statistics in the absence of evidence of unique downloads or individuals. Even if the download numbers do not exactly represent unique downloads by unique individuals, the evidence shows that Trevarthen was downloaded to some extent, and therefore distributed, prior to the filing date of the ’206 patent. Accordingly, we find this evidence weighs in favor of Trevarthen’s public accessibility.” slip op. at 20

  • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed patent owner constructionDecided for patent owner

    “construction issues: (1) the interpretation of limitations 1[E] and 17[F] relating to entering sensed and stored information into “at least one logical expression,” and (2) “implanted in an animal.” Inst. Dec. 19. We are persuaded by Petitioner’s argument that it would have been obvious to combine sensed and stored information into the same “at least one logical expression,” for the reasons set forth below. Accordingly, we need not construe limitations 1[E] and 17[F], relating to “at least one logical expression.”4 We discuss our construction of “implanted in an animal” below.” slip op. at 12

  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundNot shown unpatentableMixed

    “would have viewed Trevarthen as a cohesive disclosure of specific improvements to existing dairy farms, as opposed to disparate teachings of unrelated systems. Trevarthen itself proposes “a framework for the use of RFID on dairy farms” including “enhancements and ideas which could be considered as future additions to further add value” for utilizing RFIDs in farm management beyond the Cochrane farm ear-tag RFIDs. Ex. 1005, 99. The enhancements include RFID boluses (id.), milk meters to detect illness (id. at 115), and temperature monitoring by RFID (id. at 121–122). Considering the entire record, Trevarthen itself describes improvements that apply “the predictable use of prior art elements according to their established functions.” See KSR, 550 U.S. at 417. Accordingly, we find that Petitioner has shown a that one skilled in the art would have been motivated to” slip op. at 33

  • ExcludeNot reached

    “IV. EVIDENTIARY ISSUES Patent Owner moves to exclude Exhibits 1040, 1041, and 1044.” slip op. at 81

  Patent outcomesUS 9,844,206 unpatentable
  Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 9,844,206
• Askeladden L.L.C. v. Calabrese Stemer LLCAll claims unpatentable
  PTAB · Jun 17, 2025 · IPR2024-00368 · APJ Sharon Fenick · IPR · Final written decision

  Claims 1–9 are unpatentable as anticipated by Horie; the Board did not reach the alternative obviousness ground.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “The definition of a person having ordinary skill in the art that we adopted in the Institution Decision is supported by the testimony of Dr. Akl. Ex. 1003 ¶ 22. Patent Owner states that it agrees with that definition, while also proposing a broader definition that includes those with other qualifications. PO Resp. 2. Although Patent Owner argues that “the supporting evidence [for its addition] is broadly present in the case, namely, in the Patent-in-Suit and the associated intrinsic evidence” (PO Sur-reply 3 n.6), Patent Owner does not direct us to any specific portion of the record. See United States v. Dunkel, 927 F.2d 955, 956 (7th Cir. 1991) (“Judges are not like pigs, hunting for truffles buried in briefs.”); DeSilva v. DiLeonardi, 181 F.3d 865, 866–67 (7th Cir. 1999) (“A brief must make all arguments accessible to the judges, rather than ask them to play archaeologist with the record.”). Additionally, while Patent Owner proposes expanding the definition, Patent Owner has not explained how that difference would materially affect the outcome of this proceeding. PO Resp. 2; PO Sur-reply 3 & nn. 4, 6. Dr. Akl uses Petitioner’s definition in his testimony (Ex. 1003 ¶¶ 22, 23) and Patent Owner makes no argument regarding how, if we adopted Patent Owner’s broader definition, Dr. Akl’s conclusions would be affected. Patent Owner’s use of its definition does not describe the conclusions of one “educated in general physics” differently to one of ordinary skill as defined by Petitioner. PO Sur-reply 6. Patent Owner does not present declarant testimony regarding knowledge of one of ordinary skill in the art under any definition.3 For these reasons, we maintain the definition of a person having ordinary skill in the art we adopted in the Decision on Institution: a person having ordinary skill in the art would have had experience in the hardware and software used in the field of securely transmitting and processing authorization requests over wired and wireless networks, such as requests for the processing of financial transactions, and a bachelor’s degree in computer science, computer engineering, electrical engineering, or a related study, and would have one or two years of experience with wired and wireless 3 See infra footnote 5. as financial transactions. Less experience is necessary with additional education (e.g., a Master’s degree), and likewise, less education is necessary with additional work experience (e.g., 5–6 years).” slip op. at 10

  • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for petitioner

    “Having analyzed the arguments and the evidence cited by Patent Owner, we do not agree. We begin with the claim language, which does not further describe the two transmission channels, let alone contradict the plain meaning. Ex. 1001, 6:5–19. Dependent claims also shed no additional light. Certain claims further specify transmission-channel-related requirements: that the first transmission channel be “selected from the group consisting of wireless and landline channels” (claim 7); that the request received via the first transmission channel be “provided via the Internet” (claim 5); or that the notifying step (via a second transmission channel) comprise “sending an SMS message to the customer (claim 2). Id. at 6:20–21, 6:28–29, 6:33–35. No claims further restrict claim 1 by describing both transmission channels. Id. Claim 9 requires that the notification be “substantially concurrent,” but nothing in the record establishes that substantially concurrent authorization and notification would require non-overlapping transmission channels, or that an overlap in the transmission channels, even if it did “encumber” the authorization process with the notification process, would prevent the processes from being “substantially concurrent.” While Patent Owner presents arguments about “the gist” of the invention (PO Resp. 4) and describes “an immediate separation of the two processes” as being disclosed by Figures 1 and 2 of the ’564 patent’s specification, we do not see in the specification an indication of a special disavowal of a broader scope. See Phillips, 415 F.3d at 1316–1317; PO Resp. 13 (“The specification of the ‘564 Patent does not express any intent to impart a novel meaning to the term distinct.”). Although we agree with Patent Owner that Figure 1 illustrates transmission channels that are separate and non-overlapping, we do not see any indication that this is more than a description of preferred embodiments or that there was a limitation of the invention to these embodiments, and our reviewing court “has repeatedly ‘cautioned against limiting the claimed invention to preferred embodiments or specific examples in the specification.’” Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1346–47 (Fed. Cir. 2015) (quoting Teleflex, Inc. v. Ficosa N. Am. Corp., 299 F.3d 1313, 1328 (Fed. Cir. 2002)). The specification similarly does not support that Figure 2 is intended as limiting.” slip op. at 16

  • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable

    “Because we do not adopt Patent Owner’s construction (including considering its arguments regarding speed and security of transmissions in the ’564 patent), and instead adopt a construction encompassing overlapping between distinct transmission channels, see supra Section II.C.1, we determine that the requirement of limitation 1d that “the second transmission channel [must be] distinct from the first transmission channel” is disclosed by the different connections, different hardware elements, and independent operation of the two transmission channels identified in Horie, even though they overlap to some extent. Ex. 1006 ¶¶ 44, Fig. 1; Ex. 1003 ¶¶ 224–227; see PO Resp. 9. Lastly, Horie discloses that the authorization of a transaction occurs without requiring a response from the customer. Ex. 1006 ¶¶ 57, 58, 73; Ex. 1003 ¶¶ 232–233. For these reasons, we determine Petitioner has demonstrated by a preponderance of the evidence that the subject matter of claim 1 was anticipated by Horie.” slip op. at 29

  • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not reached

    “Obviousness Over Horie Petitioner additionally argues that each of claims 1–9 are obvious over Horie. Pet. 38–43. Because we determine that the challenged claims are anticipated by Horie, we do not address the parties’ arguments regarding those claims based on an alternate ground. See Boston Sci. Scimed, Inc. v. Cook Gp. Inc., 809 F. App’x 984, 990 (Fed. Cir. 2020) (“We agree that the Board need not address issues that are not necessary to the resolution of the proceeding.”).” slip op. at 34

  Patent outcomesUS 8,783,564 unpatentable
  Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 8,783,564
• Askeladden L.L.C. v. Calabrese Stemer LLCAll claims unpatentable
  PTAB · Jun 17, 2025 · IPR2024-00367 · APJ Scott B Howard · IPR · Final written decision

  Claims 1–4 are unpatentable as anticipated by Horie; the Board did not reach the alternative obviousness ground and dismissed Petitioner’s motion to exclude as moot.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “We maintain the definition of a person having ordinary skill in the art that we adopted in the Institution Decision. First, it is supported by the testimony of Dr. Akl. Ex. 1003 ¶ 22. Second, Patent Owner states that it adopts that definition. PO Resp. 3. Third, to the extent Patent Owner proposes expanding the definition, Patent Owner has not explained how that difference would materially affect the outcome of this proceeding. Id. Fourth, Patent Owner does not point to sufficient evidence to support its position. Id. Although Patent Owner argues that “the supporting evidence [for its addition] is broadly present in the case, namely, in the Patent-in-Suit and the associated intrinsic evidence,” Patent Owner does not direct us to any specific portion of the record. See id. We decline to search the record to find the evidence that supports it. See United States v. Dunkel, 927 F.2d 955, 956 (7th Cir. 1991) (“Judges are not like pigs, hunting for truffles buried in briefs.”); DeSilva v. DiLeonardi, 181 F.3d 865, 866–67 (7th Cir. 1999) (“A brief must make all arguments accessible to the judges, rather than ask them to play archaeologist with the record.”).” slip op. at 9

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

    “As discussed below, Petitioner has shown by a preponderance of the evidence that Horie anticipates claims 1 under Patent Owner’s proposed construction. See Section II.E.3. Because we only construe limitations “to the extent necessary to resolve the controversy,” we do not expressly construe this limitation. See Nidec, 868 F.3d 1017 (quoting Vivid, 200 F.3d at 803).” slip op. at 12

  • ExcludeMotion to exclude, deniedDenied

    “preserved the objection by filing a timely motion to exclude. Mot. Exclude. Specifically, Petitioner argues that we should exclude Exhibit 2001 for three reasons: (1) it is untimely and prejudicial (37 C.F.R. §§ 42.23(b), 42.53(b); Fed. R. Evid. 403), (2) hearsay (Fed. R. Evid. 802), and (3) the best evidence rule (Fed. R. Evid. 1002). Id. The Stemer Declaration is used only to support Patent Owner’s arguments with respect to secondary considerations.5 PO Sur-reply 19–22; Ex. 2001; Ex. 2002. Because we do not reach obviousness, see infra Section II.F, we do not consider the Stemer Declaration, and we therefore dismiss the motion to exclude as moot.” slip op. at 13

  • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable

  Patent outcomesUS 7,357,310 unpatentable
  Claim construction§ 102 anticipationcites Phillips · KSR · Graham
  Patents in suitUS 7,357,310
• LG Electronics, Inc. / LG Electronics U.S.A., Inc. et al. v. Multimedia Technologies Pte. Ltd.No claims unpatentable
  PTAB · Apr 29, 2025 · IPR2024-00696 · APJ St John Courtenay III · IPR · Final written decision

  Claims 1–14 were not shown unpatentable under any of four §103 grounds because the cited combinations did not teach the claimed content-dependent first panel.

  RulingsFinal written decision

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

    “Accordingly, we find: (1) the temporal “currently” (shown or displayed television content) term recited in steps 1.3 and 1.4.2, and (2) the associated temporal dependency resulting from the antecedent basis requirements of step 1.5.1, weigh strongly in favor of Patent Owner’s claim construction of claim 1 for the disputed step 1.5.1 claim terms “the application panel interface” and “based on” (emphases added).” slip op. at 15

  • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable

    “We find Patent Owner thus correctly concludes that “[o]ptions region[] 1020 [in Woods’ Figure 10] (which Petitioner corresponds to the step 1.5.1 “first content panel” Pet. 43) is not displayed based on the currently-displayed content, even if the displayed content happens to correspond to the selected program listing.” Sur-reply 7 (citing Ex. 1005 ¶ 174; PO Resp. 26–28; Ex. 2011 ¶ 148) (emphasis added). We find Options region 1020 in Woods’ Figure 10 is instead based on user selection as argued by Patent Owner. Sur-reply 7.” slip op. at 35

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

    “We agree with Patent Owner on this point regarding Petitioner’s proposed combination of Woods and Machida, given that neither of the proposed versions of Woods’ options region 1020 (displaying general “cast information” in Figure 10), nor Woods’ options region 1020 (alternatively displaying “detailed information” about cast member “Milo” (as depicted in Fig. 11) when the “DETAIL INFO” tab is selected by the user in functions menu bar 1010 of Fig. 10), performs playback of content display in media region 1030. See also Ex. 1005, Fig. 11.” slip op. at 53

  • Expert testimonyPatent owner expert creditedDecided for patent owner

    “Based upon our review of the complete record, we credit Dr. Surati’s testimony that the information in Woods’ options region 1020 (i.e., the first content panel as mapped by Petitioner (Pet. 43; Pet. Reply 16–17)), is determined independently of any currently displayed program content, and what is displayed (e.g., the cast of “Heroes” as depicted in Figure 10) is in fact based on the selected program listing, which does not teach or suggest 1.5.1 (nor recitation 1.5.2 “wherein the first content panel is a first type of application panel”). Ex. 2011 ¶ 143. We find persuasive Dr. Surati’s testimony that “a POSITA would readily understand that the information displayed [in Woods’] region 1020 [of Figure 10] is based on the selected program listing (e.g., Heroes 912) made by the user in Figure 9, not the currently-displayed content in media region 1030 of Figure 10.” Id. (emphases added). In support, Dr. Surati further testifies that “[i]n fact, region 1020 of Figure 10 presents information about the selected program listing for Heroes and is not based on the Mercedes advertisement displayed in media region 1030.” Id.; see also id. at ¶ 144 (depicting Ex. 1005, Fig. 10 above paragraph 144) (emphasis added).” slip op. at 37

  Patent outcomesUS 9,247,174 not shown unpatentable
  Claim construction§ 103 obviousnesscites KSR · Graham
  Patents in suitUS 9,247,174
• Lenovo (United States) Inc. / Dell Inc. et al. v. Universal Connectivity Technologies, Inc.Institution denied
  PTAB · Apr 17, 2025 · IPR2024-01482 · APJ Thomas L Giannetti · IPR · Institution

  The Board denied institution on claims 1, 2, 4, 8–10, 12, 13, 15, 18–20, and 25, exercising § 314(a) discretion after balancing the Fintiv factors and finding the merits not particularly strong.

  RulingsInstitution decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied

    “partes review “allays concerns about inefficiency and duplication of efforts,” and strongly weighs against exercising our authority to deny institution. Fintiv, Paper 11 at 6. Of the three district court proceedings, the Lenovo Group case, pending in the Eastern District of Texas, is the most significant to our analysis here. In the Lenovo Group case, Lenovo Group has not requested a stay. Prelim. Resp. 16. Patent Owner argues that the Lenovo Group case is not likely to be stayed based on that court’s low grant rate in other cases and the progress of that case in particular. Id. at 17. The district court in the HP case denied a stay without prejudice and stated that a stay could be reconsidered in the future depending on the outcome at the PTAB. Prelim. Reply 3. The Dell case has been stayed. Id. On this record, we decline to speculate as to how any of the involved district courts where no stay is pending might rule on any future motion to stay. Thus, we determine that, while one stay has been granted, the lack of a stay in the other underlying district court cases, especially the Lenovo Group case, is not sufficiently persuasive to weigh this factor against exercising discretion. Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 15 at 12 (PTAB May 13, 2020) (informative), cautions against speculating whether the district court would grant a stay if one were requested. Therefore, this factor has a neutral effect on the overall balancing of the Fintiv factors. B. Proximity of Trial Date to Projected Statutory Deadline (Factor 2) The scheduled trial date for the Lenovo Group case is November 3, 2025, which is about six months prior to the expected date for the final written decision here (i.e., late April 2026). See Prelim. Resp. 20; IPR2024- 01429, Ex. 2002 (Lenovo Group case Docket Control Order), 1. Petitioner argues this trial date is uncertain. Prelim. Reply 3. Further, Petitioner focuses its argument on what it terms a “growing backlog” in the Eastern District of Texas and “associated scheduling uncertainty.” Id. at 4. Petitioner refers to the status of the HP case, which is currently set for trial on September 21, 2026, and the stay in the Dell case. Id. Patent Owner responds that “[b]oth the scheduled trial date and the date of trial [in the Lenovo Group case] based on median time-to-trial statistics occur months before a final written decision would be expected here.” Prelim. Sur-reply 4. Patent Owner asserts that the time-to-trial statistics for the Eastern District of Texas project a median time-to-trial of 21.9 months. Prelim. Resp. 20–21 (citing Ex. 2007, U.S. District Courts Federal Court Management Statistics–Profiles—September 30, 2024). This projection yields a trial date that is prior to the expected final written decision date of April 2026. Prelim. Sur-reply 4. As with the previous factor, the status of the Lenovo Group case is our focus here. As stated, that trial is set to occur about six months before a final written decision would issue in this proceeding. The district court has stated that this trial date setting “cannot be changed without an acceptable showing of good cause.” Prelim. Resp. 20. We are not persuaded by Petitioner’s unsupported argument that the trial date is uncertain. We also consider the fact that the median time-to-trial statistic discussed by both parties projects a trial date earlier than the actual date set by the district court. Ex. 2007; Prelim. Sur-reply 1. The fact that the time-to-trial statistic is earlier than the trial date set in the Lenovo Group case confirms that the schedule set by the district court is credible and should be given weight. From this evidence, we are persuaded that we should rely on the trial” slip op. at 9

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

    “E. Conclusion Regarding the Merits Petitioner does not present particularly strong merits. Petitioner’s arguments on the “bus limitation,” to succeed at trial, would require addressing a claim construction issue that was never addressed in the Petition and is arguably contradicted by the ’520 patent, which discloses transmitting packets representing a plurality of different control signals on a single bus. See Prelim. Sur-reply 2 (citing Ex. 1001, 7:34–38, 9:23–25, 9:50–54). Similarly, prevailing on the “modified protocol” issue would require proving that the HDMI–C protocol, which uses the same separate channel arrangement for CEC and DDC as standard HDMI, is sufficiently “modified” to meet the claim. Taking into account Patent Owner’s persuasive arguments supra in response, and for the reasons given, we do not find the merits of Petitioner’s position on either of these dispositive issues to be particularly strong.” slip op. at 20

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

    “and only to the extent necessary to resolve the issues in dispute. See Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999); Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017). Neither party proposes claim constructions for our consideration. Petitioner submits that it “for the purposes of this proceeding, the terms of the challenged claims should be given their plain and ordinary meaning, and no terms require specific construction.” Pet. 8. Patent Owner does not dispute Petitioner’s position that no terms require construction. Prelim. Resp. 11–12. We determine there are no claim terms that need to be expressly construed for this Decision.” slip op. at 15

  • Skill levelDecided for patent owner

    “Patent Owner states that a person of ordinary skill “would have the equivalent of a bachelor’s degree in electrical engineering, computer engineering, computer science, or equivalent training and three years of work experience with data communications systems or interfaces, including at least some experience with serial or display data communications systems or interfaces .” Prelim. Resp. 12. The differences between these nearly-identical definitions are minor and immaterial to our decision. We regard either description as consistent with the challenged patent and the prior art before us. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (prior art itself may reflect an appropriate level of skill).” slip op. at 16

  Claim construction§ 103 obviousnessDiscretionary denial
  Patents in suitUS 7,856,520
• Lenovo (United States) Inc. / Dell Inc. et al. v. Universal Connectivity Technologies, Inc.Institution denied
  PTAB · Apr 17, 2025 · IPR2024-01481 · APJ Thomas L Giannetti · IPR · Institution

  The Board denied institution on all challenged claims under § 314(a), based on its Fintiv analysis, including the earlier district court trial date and weakness in the merits.

  RulingsInstitution decision

  • PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Institution denied fintivInstitution denied

    “date in the Lenovo Group case as the main indicator of a trial court reaching the merits of the invalidity of the patent-at-issue before we issue a final written decision. Accordingly, this factor strongly favors discretionary denial of the Petition.” slip op. at 11

  • Skill levelSkill level board ownOther

    “patent “would have had a bachelor’s degree in electrical engineering, computer engineering, computer science, or equivalent training, and three years of experience with data communications systems or interfaces, including at least some experience with serial or display data communications systems or interfaces.” Pet. 6. Patent Owner states that a person of ordinary skill “would have the equivalent of a bachelor’s degree in electrical engineering, computer engineering, computer science, or equivalent training and three years of work experience with data communications.” Prelim. Resp. 6–7. The differences between the definitions are minor and immaterial to our decision. We regard either description as consistent with the challenged patent and the prior art before us. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (prior art itself may reflect an appropriate level of skill).” slip op. at 16

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

    “and only to the extent necessary to resolve the issues in dispute. See Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999); Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017). Neither party proposes claim constructions for our consideration. Petitioner reports that it “does not believe that any specialized constructions are necessary.” Pet. 6. Patent Owner “does not disagree.” Prelim. Resp. 6. However, Petitioner’s challenge raises an implicit claim construction issue not addressed in the Petition that we discuss in our analysis below.” slip op. at 15

  • BurdenNot reached

    “example, claim 11 recites “receiving a synchronization symbol by a receiver indicating a packet type, each packet type having a different synchronization symbol.” Ex. 1001, 37:53–55. The other independent claims challenged in the Petition are similar in their recitation of a “synchronization symbol.” See id. at 37:9 (claim 1), 38:26–27 (claim 19). Petitioner argues this limitation is disclosed by Auld in view of MPEG-2 Part. 1. Pet. 15–16. Citing Figure 5 of Auld, reproduced in Section IV.C.1, supra, Petitioner asserts that “[t]he ‘sync codes’ in Auld consist of sequences of symbols that are used for synchronization, and therefore qualify as synchronization symbols.” Id. at 17. Patent Owner responds that “what the Petitioners identified as a ‘synchronization symbol’ [in Auld] is in what they have identified as a ‘packet of (or having) symbols.’” Prelim. Resp. 1. In contrast, “[i]n the specification and claims of the ’798 Patent, the claimed ‘synchronization symbol’ is separate from, and precedes, the claimed ‘packet of (or having) symbols.’” Prelim. Resp. 1. In disputing Petitioner’s identification in Auld of a synchronization symbol as claimed, Patent Owner points to Figure 9A of the ’798 patent (reproduced in Section II.C, supra), showing synchronization primitives 901 and 905 as separate from and transmitted before packets 902 and 907, respectively. Id. at 4. Patent Owner also relies on the description of the Figure 9A embodiment in the ’798 patent specification. Id. at 3–5. That description places transmission of the synchronization primitive encoded with the patent type before the control packet in the transmission sequence:” slip op. at 18

  Claim constructionDiscretionary denial
  Patents in suitUS 7,746,798
• Apple Inc. v. Smith Interface Technologies, LLCInstituted
  PTAB · Jan 22, 2025 · IPR2024-01090 · APJ Nathan A Engels · IPR · Institution

  The Board instituted IPR on claims 1–3, 21, 29–31, 42–44, 54, and 62–65 based on the §103 combination of Blumenberg, Bhumkar, and Griffin.

  RulingsInstitution decision

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

    “In an inter partes review, the petitioner must show with particularity why each challenged claim is unpatentable. Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1363 (Fed. Cir. 2016); 37 C.F.R. § 42.104(b). The burden of persuasion never shifts to Patent Owner. Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015). Patent Owner may bear a burden of production, however, to show that the Challenged Claims are entitled to the benefit of an earlier filing date. Id. at 1379–80.” slip op. at 4

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

    “On this record, we preliminarily agree with Petitioner that the claim limitations amount to a combination of known elements that a POSITA could have combined to achieve predictable results. See Intel, 21 F.4th at 799–800 (determining that a showing of the obviousness in predictable use of prior art elements according to their established functions requires only a showing that the combination be a suitable option). Among other reasons, the preliminary record supports Petitioner’s arguments that combining the teachings of Blumenberg, Bhumkar, and Griffin amounts to applying known solutions in the field of computer interfaces with predictable outcomes. See Pet. 12–18. As noted above, we encourage the parties to address the scope and meaning of the “when” limitations as a matter of claim interpretation, but we do not currently understand the plain language of Limitation [1.o] to require that the “portion of the second web page” or “menu” is displayed only after expiration of the “second user-configurable predefined duration,” termed by Patent Owner the “Alternative Modification.” Again, we encourage the parties to fully address this issue as a matter of claim construction. We additionally note that, even if we were to interpret the claims to require that the recited functions of Limitation [1.o] occur only the “prerequisite elements” are satisfied, we are still preliminarily persuaded by Petitioner’s arguments that combined teachings of the prior art satisfy the claim elements as a mere combination of known elements combined according to their known functions with predictable results.” slip op. at 27

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

    “scenarios. Pet. 1 (characterizing three claimed scenarios as (i) an “inadvertent” contact, (ii) a “tap” contact, and (iii) a “hold” contact), 4 (“Independent Claims 1 and 42 outline three scenarios regarding a user’s contact with a touch screen device”); Prelim. Resp. 3 (“With respect to claim 1, these three scenarios include: . . . .”); see Ex. 2001 ¶¶ 28 (“As recited in claim 1, the three different claimed functionalities are executed ‘when’ the prerequisite elements are met (described as three scenarios by Dr. Cockburn.”) (citing Ex. 1001, 102:50–103:55; Ex. 1003 ¶¶ 33–35), 29–32 (describing the first, second, and third scenarios). In substance, the parties’ dispute appears to concern whether the plain language of the claims requires that a recited function must be performed only after or in response to expiration of a threshold (and other prerequisites), as opposed to requiring a function that begins before and continues after expiration of a threshold. Notably, dependent claim 3 recites: “The electronic device of claim 1, wherein the electronic device is configured such that the first feedback that is perceptible by touch is output prior to the display of the menu.” Ex. 1001, 104:1–4 (emphasis added). Given that independent claim 1 is necessarily broad enough to include claim 3, it seems on this record that the functions recited in Limitation [1.o] necessarily can happen at different times, as opposed to, for example, only responses that are triggered by the so-called “prerequisite elements.” We encourage the parties to address this issue as a matter of claim interpretation in future briefing. Based on the current record, however, we determine that it is not necessary to provide an express interpretation of any claim terms at this stage of the proceeding. See Realtime Data, LLC v. Iancu, 912 F.3d 1368 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)).” slip op. at 11

  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 10,725,581

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.