- Allstate Insurance Company v. Atos, LLCSome claims unpatentablePTAB · Jan 30, 2026 · IPR2021-01449 · APJ Jon M Jurgovan · IPR · Remand
Claims 3–5 are unpatentable; claims 1 and 2 are not shown unpatentable. Claims 3 and 4 are obvious over the applied grounds under the remand construction of “movement vector.”
RulingsRemand decision- RemandOther
“was incorrect, vacated the Final Written Decision as to claims 3 and 4, and remanded the case to the Board to determine the ordinary and customary meaning of “movement vector” and decide the outcome for claims 3 and 4 in accordance with that meaning. Atos, LLC v. Allstate Insurance Company, 2025 WL 1482404, at *5 (Fed. Cir. May 23, 2025); Paper 35 (“Federal Circuit Remand,” “Remand,” or “Fed. Cir. Remand”). Pursuant to the Federal Circuit’s instructions, the Board authorized the” slip op. at 3
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner
“considered individually and together, have well-understood, common meanings to ordinarily skilled artisans as of the invention date, reflected by the ’174 patent’s specification and other evidence of record noted above. Accordingly, we determine that the ordinary and customary meaning of “movement vector” is “a vector indicating movement of an object.” 3) “operation indicator” Petitioner” slip op. at 20
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“Dr. Kanellakopoulos’s explanation that angular momentum is not inherent to an object, and its computation requires an arbitrary choice of a point of origin that has no physical meaning in the context of vehicle motion, also supports Patent Owner’s position. Id. ¶ 71 (citing Ex. 2004, 262). Accordingly, Patent Owner’s argument, that angular momentum cannot be used to detect a vehicle turning, is persuasive. Id. We also find persuasive, as Dr. Kanellakopoulos explains, that Petitioner’s argument regarding the figure on Kleppner 234 is based on misinterpretation of the vectors in that figure. Id. ¶ 67 (explaining that Kleppner 233–234 does not depict a gravity vector).” slip op. at 35
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentable
“Kleppner does not disclose a rotation vector, a person of ordinary skill would have used the knowledge of a rotation vector (because it is a term of art) alongside Kleppner’s teaching, to arrive at claim 1. See Pet. Reply 11. This argument does not satisfy Petitioner’s burden to provide articulated reasoning with some rational underpinning to support the conclusion of obviousness. See KSR, 550 U.S. at 419 (citing In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)). Petitioner does not explain which teaching of Kleppner a person of ordinary skill would have selected and combined with their knowledge of a rotation vector to yield the method of claim 1, or explain why a person of ordinary skill would have recognized based on Kleppner that estimating the angle between a rotation vector and gravity vector could be used to detect a vehicle turning. Nor does Petitioner respond to Patent Owner’s assertion that Kleppner provides no rationale for estimating an angle of alignment between a rotation vector and gravity vector as a way of detecting a vehicle turning. See Ex. 2001 ¶ 65.” slip op. at 35
Patent outcomesUS 9,846,174 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 9,846,174 - Pelican Biothermal, LLC v. Va-Q-Tec AGSome claims unpatentablePTAB · Jun 16, 2023 · PGR2021-00085 · APJ Barry L Grossman · PGR · Final written decision
The Board granted the motion to amend but held amended claim 64 unpatentable as anticipated by NanoCool 98596-type products and obvious over the cited combinations; all other amended claims were not shown unpatentable.
RulingsFinal written decision- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend granted in partGranted in part
“VI. ORDER In consideration of the foregoing, it is hereby: ORDERED that Petitioner has demonstrated by a preponderance of the evidence that amended claim 64 is unpatentable; FURTHER ORDERED that Patent Owner’s Non-Contingent Motion to Amend is granted for claims 64 and denied for all other amended claims; and” slip op. at 77
- ExcludeMotion to exclude, deniedDenied
“A. Status as Prior Art Is a Substantive Issue, Not an Evidentiary Issue. A motion to exclude is not an appropriate mechanism for challenging the sufficiency of evidence, such as whether a reference qualifies as prior art, or the proper weight that should be afforded an argument. See Flir Systems, Inc. v. Leak Surveys, Inc., IPR2014-00411, Paper 113, 4, 8–9 (PTAB September 3, 2015); PTAB Consol. Trial Practice Guide 79 (Nov. 30 Mr. Zumwalt testifies that other NanoCool products, designated by product number 85430 and 98630, also have the same configuration as the 98830 product and are made by the same process. Thus, “the 98830, 85430, and 98630 products can be collectively referred to as ‘98830-type’ products all having the same relevant design.” Ex. 1030 ¶ 17. 2019) (“A motion to exclude . . . may not be used to challenge the sufficiency of the evidence to prove a particular fact. A motion to exclude is not a vehicle for addressing the weight to be given evidence—arguments regarding weight should appear only in the merits documents.”); Caterpillar Inc. v. Wirtgen Am., Inc., IPR2017-02187, Paper 42,17 (PTAB May 21, 2019) (status as prior art “is a substantive issue, not an evidentiary issue.”) Thus, whether the NanoCool 98830 product is prior art is not the proper basis for Patent Owner’s Motion to Exclude evidence concerning the NanoCool 98830 product.” slip op. at 29
- Skill levelSkill level board ownOther
“Neither Petitioner nor Mr. Harber provide any analysis of the factors pertinent to a determination of the level of ordinary skill, identified above, to support their conclusory statements. We give Mr. Harber’s conclusory testimony minimal probative weight. 37 C.F.R. § 42.64(a) (“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.”). Moreover, there is no persuasive evidence to which we have been directed of the need for specific education or experience in biological or chemical technologies related to the claimed containers and inserts.” slip op. at 26
- Expert testimonyPetitioner expert discountedDecided for patent owner
“With regard to the level of ordinary skill in the art, Petitioner asserts that a person of ordinary skill would have had “a bachelor’s degree or higher degree in biological, chemical or mechanical engineering, or related sciences, and at least two to five years of experience in designing and testing ISCs [insulated shipping containers] depending on education level.” Pet. 9 (emphasis added) (citing Ex. 1002 ¶¶ 23–24). Exhibit 1002 is the Declaration testimony of Mr. Paul Haber. Mr. Harber actually states a slightly different level of ordinary skill. Mr. Harber testifies: The hypothetical POSITA would have: (i) at least a bachelor’s degree in biological, chemical or mechanical engineering, or related sciences, and have at least three to five years of experience in designing and testing ISCs [Insulated Shipping Containers][29]. Such a person may also have (ii) a higher level degree, such as a PhD and/or Master’s degree in engineering, or related sciences, and have at least two to three years of experience in designing and testing ISCs. 29 See Ex. 1002 ¶ 23. Ex. 1002 ¶ 24 (emphasis added). Mr. Harber also testifies that “[t]hese descriptions are approximate, and a higher level of education or specific skill might make up for less experience, and vice-versa.” Id.” slip op. at 25
Patent outcomesUS 10,766,685 mixedClaim construction§ 102 anticipation§ 103 obviousness§ 112 disclosurecites Phillips · KSR · GrahamPatents in suitUS 10,766,685 - Allstate Insurance Company v. Atos, LLCSome claims unpatentablePTAB · Jan 24, 2023 · IPR2021-01209 · APJ Richard H Marschall · IPR · Final written decision
Claims 1–4, 6, and 9–25 are unpatentable; claims 5, 7, and 8 are not shown unpatentable, based on anticipation by Kim and obviousness grounds.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art The level of ordinary skill in the art is “a prism or lens” through which” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Other
“C. Claim Construction In inter partes reviews, we interpret claims under the same standard” slip op. at 10
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableNot shown unpatentableMixed
“Accordingly, Petitioner fails to establish that Kim discloses “determining that the individual is a driver of the vehicle based at least in part on acceleration, forces, velocity, the at least one location point, and time.”” slip op. at 46
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“nexus and therefore fails to establish that any alleged evidence of objective indicia supports a finding of non-obviousness. Accordingly, we give Patent Owner’s reliance on objective indicia of non-obviousness no weight in our obviousness analysis.” slip op. at 65
Patent outcomesUS 9,152,609 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,152,609 - Allstate Insurance Company v. Atos, LLCSome claims unpatentablePTAB · Jan 9, 2023 · IPR2021-01118 · APJ Richard H Marschall · IPR · Final written decision
Claims 1–5, 7, 8, 10–16, and 18 are unpatentable; claims 6, 9, and 17 were not shown unpatentable, because the asserted prior art did not establish all limitations.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art The level of skill in the art is “a prism or lens” through which we view” slip op. at 9
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“2. Discussion Petitioner argues that Kim discloses every limitation of claim 1, and” slip op. at 23
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“2. Discussion We begin our analysis by addressing Patent Owner’s asserted objective indicia of non-obviousness, and then turn to the merits of Petitioner’s specific obviousness challenges before us.” slip op. at 52
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundMotivation not foundMixed
“the combination of Kim and Baker discloses “comparing the at least one current geographic location to the first geographic location; setting the location of the individual to the individual is in an outside of the vehicle location, when a distance between the at least one current and the first geographic locations exceeds a predetermined threshold.” Accordingly, we determine that Petitioner has not established by a preponderance of the evidence that claim 6 would have been obvious based on Kim and Baker.” slip op. at 90
Patent outcomesUS 8,527,140 mixed§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,527,140 - Runway Safe Group AB v. Earthstone International LLC And W. Gene RamseySome claims unpatentablePTAB · Feb 17, 2021 · IPR2019-01490 · APJ Ryan H Flax · IPR · Final written decision
Claims 1–11 and 13–16 are unpatentable as obvious; claim 12 was not shown unpatentable because the asserted grounds did not establish its interconnected open porosity limitation.
RulingsFinal written decision- BurdenFwd mixedMixed
“proving unpatentability of the challenged claims, and 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). To prevail, Petitioner must prove unpatentability by a preponderance of the evidence. See 35 U.S.C. § 316(e) (2018); 37 C.F.R. § 42.1(d) (2019). This Final Written Decision is issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73. After considering the parties’ arguments and supporting evidence, we conclude that Petitioner has proven by a preponderance of the evidence that claims 1–11 and 13–16 of the ’671 patent are unpatentable. 35 U.S.C. § 316(e). Petitioner has not met that burden with respect to claim 12.” slip op. at 2
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner
“any of Narmo, Hojaji, and Ramsey. Resp. 8, 16–17. On this record, we conclude it would have been obvious to the person of ordinary skill in the art to combine the teachings of ACRP and Narmo, Hojaji, or Ramsey, as asserted by Petitioner. Moreover, we also conclude such combinations merely use specific foamed glass compositions in structures already using foamed glass compositions and that the skilled artisan would have reasonably expected to successfully do so. See Ex. 1002 ¶¶ 78, 81, 84. The simplicity of the technology and the reasonably high level of skill in the art support such a conclusion.” slip op. at 57
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element) › Inherent disclosureInherency not foundNot shown unpatentable
“disclosed foamed glass aggregate bodies to have an “interconnected open porosity” is based on an allegation of inherency, where the open porosity forms because of weathering. See Pet. 38–39 (citing Ex. 1002 ¶ 75). Similar to our conclusion regarding Ground 6, we also find that Petitioner has not demonstrated that the subject matter of claim 12 would have been obvious over ACRP. We are directed to no evidence of record that the interconnected open porosity limitation would necessarily be present or would be the natural result of weathering, as asserted by Petitioner. See Endo Pharm., 894 F.3d at 1381. To the extent that Petitioner’s argument is premised on a KSR “obvious to try” rationale, as with Ground 6, we find Petitioner presents no evidence that a person of ordinary skill in the art would have had any reason to pursue the claimed interconnected open porosity, no evidence of a design need for such a structure, and no evidence of market pressure to solve any problem relating to foamed glass porosity. KSR, 550 U.S. at 421. Indeed, Petitioner failed to clearly articulate any obvious to try rationale in the Petition.” slip op. at 74
- Strike new argumentNew argument consideredDenied
“III. PARTIES’ MOTIONS TO STRIKE OR EXCLUDE Petitioner filed a Motion to Strike Patent Owner’s Sur-Reply for” slip op. at 77
Patent outcomesUS 9,382,671 mixed§ 102 anticipation§ 103 obviousnesscites Phillips · KSRPatents in suitUS 9,382,671 - Apple Inc. v. Qualcomm IncorporatedSome claims unpatentablePTAB · Feb 24, 2020 · IPR2018-01282 · APJ Daniel N Fishman · IPR · Final written decision
Claims 1–3, 6–10, 12–22, 25–30, 46, 47, and 49–53 are unpatentable over the stated grounds; claims 4, 5, 23, 24, and 48 were not shown unpatentable.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“We discern no significant distinction between Dr. Allen’s definition of the level of ordinary skill and that of Patent Owner. In view of Patent Owner’s admission that any differences are not material to the issues we decide here, we discern no reason to depart from our definition of the level 5 Patent Owner does not present arguments or evidence of such secondary considerations in its briefs. Therefore, secondary considerations do not enter into our analysis. Inst. 10. Accordingly, we adopt Dr. Allen’s definition of the level of ordinary skill in the art and determine that a person of ordinary skill in the art at the time of the invention of the ’865 patent would have had a Bachelor of Science degree in either computer science or electrical engineering, together with at least two years of study in an advanced degree program in artificial intelligence, machine learning, or pattern recognition, or comparable work experience.” slip op. at 9
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“Second, we agree with Petitioner that Patent Owner’s proffered interpretation, requiring a “pattern” to include relationships between two or more such pairs, incorrectly excludes embodiments where a “pattern” may be identified by the value of only a single parameter. We find nothing in the intrinsic evidence that supports Patent Owner’s narrow interpretation. By contrast, Petitioner identifies support in the ’865 patent Specification referring to a “pattern” being represented by “one or more” values of parameters in support of its interpretation that encompasses a single parameter value representing a “pattern.” See Pet. 12 (citing Ex. 1001, 6:49–55, 9:63–67). Furthermore, Petitioner points to deposition testimony of Patent Owner’s expert (Dr. Villasenor) as extrinsic evidence to support the contention that a “pattern” encompasses the value of even a single parameter.” slip op. at 15
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“monitoring and detecting steps in the teachings of Louch. Having reviewed the parties’ arguments and supporting evidence in the complete trial record, we are persuaded Louch teaches the monitoring and detecting steps of claim 1 (as well as related recitations of claims 21 and 46). See Ex. 1011, 8:24–26 (“In some implementations, the process 400 can begin when input from one or more sensors on the mobile device are used to determine a current state of the mobile device ( 410).”), 8:33–35 (“the determining can include detecting and determining two or more different states based on inputs from two or more different sensors”), 8:55–57 (“[t]he states can be determined based on sensor inputs, as described in reference to FIGS. 1-4”); see also Ex. 1021 ¶ 119.” slip op. at 31
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“Petitioner argues Louch and Nadkarni are in the same field of endeavor, argues both Louch and Nadkarni are pertinent to the problem addressed by the ’865 patent, and articulates reasons for the proposed combination of Louch and Nadkarni. Pet. 41–45. Patent Owner does not dispute Petitioner’s reasons for combining the references. Having reviewed Petitioner’s arguments (Pet. 41–45), we are persuaded Petitioner has articulated a reason for combining Louch and Nadkarni based on rational underpinnings.” slip op. at 43
Patent outcomesUS 8,768,865 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites Alice · Phillips · KSR · GrahamPatents in suitUS 8,768,865 - Apple Inc. v. Qualcomm IncorporatedSome claims unpatentablePTAB · Feb 24, 2020 · IPR2018-01281 · APJ Daniel N Fishman · IPR · Final written decision
Claims 1–3, 5, 6, 8–22, 24, 25, 27–30, 46–49, and 51–53 are unpatentable; claims 4 and 23 are not shown unpatentable because Wang does not teach the claimed response between fixing and reduced parameters.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner
“Second, we agree with Petitioner that Patent Owner’s proffered interpretation, requiring a “pattern” to include relationships between two or more such pairs, incorrectly excludes embodiments where a “pattern” may be identified by the value of only a single parameter. We find nothing in the intrinsic evidence that supports Patent Owner’s narrow interpretation. By contrast, Petitioner identifies support in the ’865 patent Specification referring to a “pattern” being represented by “one or more” values of parameter value representing a “pattern.” See Pet. 11–12 (citing Ex. 1001, 6:49–55, 9:63–67). Furthermore, Petitioner points to deposition testimony of Patent Owner’s expert (Dr. Villasenor) as extrinsic evidence to support the contention that a “pattern” encompasses the value of even a single parameter.” slip op. at 15
- Skill levelSkill level petitioner adoptedDecided for petitioner
“We discern no significant distinction between Dr. Allen’s definition of the level of ordinary skill and that of Patent Owner. In view of Patent Owner’s admission that any differences are not material to the issues we decide here, we discern no reason to depart from our definition of the level 5 Patent Owner does not present arguments or evidence of such secondary considerations in its briefs. Therefore, secondary considerations do not enter into our analysis. Inst. 10. Accordingly, we adopt Dr. Allen’s definition of the level of ordinary skill in the art and determine that a person of ordinary skill in the art at the time of the invention of the ’865 patent would have had a Bachelor of Science degree in either computer science or electrical engineering, together with at least two years of study in an advanced degree program in artificial intelligence, machine learning, or pattern recognition, or comparable work experience.” slip op. at 9
- Expert testimonyPatent owner expert discountedDecided for patent owner
“illustrated in Wang’s Table 1. In view of these numerous references to the exemplary user states and associated features illustrated in Wang’s Table 1, Patent Owner’s assertion, supported by Dr. Villasenor, that Wang does not use Table 1 to identify states is not credible. Based on Wang’s frequent by Petitioner (Pet. 17, 22–24), we determine that Wang’s implementation uses the states and features illustrated in Table 1 to recognize/identify a pattern as claimed (a particular set of feature values illustrated in Table 1), based on a condition (the corresponding present user state represented in Table 1).” slip op. at 39
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“illustrated in Wang’s Table 1. In view of these numerous references to the exemplary user states and associated features illustrated in Wang’s Table 1, Patent Owner’s assertion, supported by Dr. Villasenor, that Wang does not use Table 1 to identify states is not credible. Based on Wang’s frequent by Petitioner (Pet. 17, 22–24), we determine that Wang’s implementation uses the states and features illustrated in Table 1 to recognize/identify a pattern as claimed (a particular set of feature values illustrated in Table 1), based on a condition (the corresponding present user state represented in Table 1). It is true that there is no particular algorithm, program code, or data structure that discloses precisely how Table 1 is used. However, the claims do not require any particular data structure, algorithm, or programmed instructions. Claim 1 merely requires that the first pattern be identified “based, at least in part, on said at least one detected condition.” Wang’s frequent reference to the information illustrated in Table 1 and use of that information (feature values) to determine a user state sufficiently teaches the ordinarily skilled artisan the claimed identifying step, as discussed by Dr. Allen. See, e.g., Ex. 1003 ¶¶ 105–107. Accordingly, we find that Wang teaches the identifying step because Table 1 illustrates the exemplary states recognized (identified) by EEMSS along with the patterns (State Features) used to identify the states.” slip op. at 39
Patent outcomesUS 8,768,865 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites Alice · Phillips · KSR · GrahamPatents in suitUS 8,768,865 - Intel Corporation v. Qualcomm, Inc.Some claims unpatentablePTAB · Feb 20, 2020 · IPR2018-01154 · APJ Trevor M Jefferson · IPR · Final written decision
Claim 16 is unpatentable as obvious over Kwak; claims 15, 17–18, and 20 were not shown anticipated by Kwak, and claim 19 was not shown obvious over Kwak and Choi 2010.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Our Institution Decision adopted Petitioner’s proposed level of skill. Dec. on Inst. 11. Patent Owner does not dispute this issue. PO Resp. 11. We are persuaded by Petitioner’s definition of the level of ordinary skill in the art and we find the work experience is commensurate with the level of ordinary skill in the art. See In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995). Here, the ’558 patent requires a degree of knowledge that is specific to mobile device architecture as well as transmission and power circuitry for radio frequency devices. See Pet. 36–37; Ex. 1201, Abstract, 1:7–9, 30–31.” slip op. at 7
- Prior constructionTerm construed petitioner constructionPrior construction adoptedDecided for petitioner
“1. “current sense amplifier” (claim 15) Petitioner offers a claim construction for “current sense amplifier” (claim 15) to mean an “amplifier that produces a voltage from a current,” which is based on the ALJ’s construction in the parallel ITC proceeding. Pet. 35–36 (citing Ex. 1223, 11–12). Petitioner argues that the ITC construction is consistent with the ’558 patent specification and the knowledge of a person of ordinary skill in the art. Pet. 35–36 (Ex. 1201, 4:64–66, 5:7–10, 5:18–20). Patent Owner argues that this term does not require construction, but does not contest Petitioner’s contention or our adoption of this construction in the Institution Decision. PO Resp. 10. Based on the full record and for the reasons given by the ALJ in the ITC proceeding (Ex. 1223, 11–12), we adopt the construction of “current sense amplifier” to mean an “amplifier that produces a voltage from a current.”” slip op. at 8
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“As we discussed in IPR2018-01152 and IPR2018-01153, and incorporate herein (1152 Final Dec. 12–21), the broadest reasonable interpretation is what would be understood by one of ordinary skill in the art in the context of the entire disclosure. See Translogic, 504 F.3d at 1257. The ’558 specification and the context of claims 6, 8, and 13 and the related language of claim 19 support that the amplifier must be able to receive both the boosted supply voltage and the first supply voltage (a selective boost) as recited in the claims. PO Resp. 35–38; Ex. 1201, 1:42–50, 5:31–49, 8:55– 62, 8:62–9:17, 9:21–36, 10:19–29, Figs. 3 and 5. In light of these findings, we do not agree with Petitioner’s arguments that the plain language of the claim 19 identifies two alternatives that need not both be present. Pet. Reply 3–4. We credit and find persuasive Patent Owner’s evidence that the ’558 specification, which provides context for the interpretation of an ordinarily skilled artisan, refers to the capability of receiving or operating on both voltages at the source (envelope amplifier). See PO Resp. 35–38.” slip op. at 10
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“On the full record, Petitioner has not provided sufficient or persuasive argument and evidence that Figure 6 is merely a more detailed implementation of Figure 5 such that a person of ordinary skill in the art would envision them as a single disclosure. Figure 6 specifically discusses a summing circuit operating on input current and offset current that differs from the voltage circuit signals shown in Figure 5. PO Sur-reply 13–14. We also note that feedforward node in Figure 6 differs from that shown in Figure 5. Indeed, Kwak expressly notes the differences and advantages between Figures 4 and 5 (showing summation of voltage signals) and Figure 6, which shows voltage signals converted into current signals before summation, stating that: In CMOS design, although three voltage signals can be added and then integrated as shown in Figs. 4 and 5, the simultaneous summation and integration of the signals at the node Vc, after the conversion of the three voltage signals into current ones, is advantageous, that is, the sensed output current of the linear amplifier, the feedforward current, and the high-frequency current through the ripple filter are added together and integrated at the node with the inverted polarity of the last one Ex. 1211, 2669. Kwak’s disclosure notes differences between the voltage signals of Figures 4 and 5 and the current conversion feedforward teachings shown in Figure 6. See id. On the full record, Petitioner has failed to persuasively establish that “a person of skill in the art, reading the reference, would ‘at once envisage’ the claimed arrangement or combination of elements” of claim 15 based on Kwak’s disclosures. See Microsoft Corp., 878 F.3d at 1068. Petitioner’s parallel citations to Figures 5 and 6 and joint discussion of the current summing and integration of Figure 6 and the voltage summing of Figures 5 (see Pet. 42–49), do not establish that Kwak shows the elements of the claim in an embodiment as arranged in the claims. Microsoft Corp., 878 F.3d at 1068–1069. Petitioner’s arguments and testimony evidence (Ex. 1203 ¶ 96; Pet. 44–45 (citing Ex. 1203 ¶¶ 94–96)) fail to address sufficiently the differences between Kwak’s Figures 5 and 6. For the reasons discussed above, Petitioner has not demonstrated by a preponderance of the evidence that Kwak anticipates independent claim 15 or dependent claims 17, 18, and 20.” slip op. at 19
Patent outcomesUS 8,698,558 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 8,698,558
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.