- 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 - Comcast Cable Communications, LLC v. Entropic Communications, LLCSome claims unpatentablePTAB · Sep 4, 2025 · IPR2024-00430 · APJ Jon M Jurgovan · IPR · Final written decision
Claims 1–3, 6–10, 14–18, and 22–24 are unpatentable; claims 4–5, 11–13, and 19–21 are not shown unpatentable.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Specification disavowal / 'present invention' languageTerm construed board ownDecided for petitioner
“We agree with Petitioner that the ’690 patent does not limit the term “probe” to channel assessment. Pet. Reply 2–4. Reviewing the intrinsic evidence, the “Technical Field” of the ’690 patent states that “some embodiments relate to channel assessment probes,” implying others do not. Ex. 1001, 1:13–14. The ’690 patent further states that “receiver determined probes may be used in a variety of applications” including to “discover hidden nodes” and “off-site network diagnosis.” Id. at 2:20–27. In addition, the ’690 patent states that probes may be used for “network maintenance procedures,” to “replicate a potential problem, reach or discover a distant or previously undetected node on the network, or assist with network admissions procedures.” Id. at 4:25–38. Turning to the claims of the ’690 patent, the evidence of record does not establish that the independent claims recite anything unique or specific to channel assessment (although their scope covers that purpose). Furthermore, dependent claim 7 of the ’690 patent recites that the “probe” is used to diagnose a network problem, and dependent claim 13 recites that the “probe” is used to identify a hidden node. Restricting the independent claims to probes used solely for channel assessment would be contradictory to these dependent claims. Littlefuse, Inc. v. Mersen USA EP Corp., 29 F.4th 1376, 1380 (Fed. Cir. 2022) (construction of term in independent claims should not render dependent claims superfluous or lacking scope).” slip op. at 20
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownDecided for petitioner
“We agree with Petitioner that a “physical layer probe” is “a probe that relates to the physical layer.” The term does not appear per se in the specification of the ’960 patent, nor in the prosecution history, but only in claims 9, 17, and 19. However, the term “physical layer” is well-known and is the first layer in the Open Systems Interconnection (OSI) network model. See, e.g., Ex. 1021, 35–40, 69; Ex. 1002 ¶¶ 49–50. The physical layer is used to transmit digital bits over a network, and defines the timing, mechanical, and physical network characteristics required for transmitting the data bits. Hence, a “physical layer probe” is a probe that relates to the physical layer. We need not, and do not, construe the term further to resolve the parties’ dispute. See Realtime, Vivid Techs., supra. Having decided proper constructions for the disputed terms, we proceed in our analysis to consider the parties’ arguments concerning the challenge grounds. In the following sections, we apply the plain meaning of the claim terms, and as necessary, specify what the plain meanings are.” slip op. at 23
- Skill levelSkill level petitioner adoptedDecided for petitioner
“C. Level of Ordinary Skill in the Art Petitioner contends as follows: A POSITA8 would have had a bachelor’s degree in electrical engineering, computer engineering, or a similar discipline, and three to four years of experience working in signal processing and/or communication systems/networks. Additional education may substitute for experience, and significant work experience may substitute for formal education. Pet. 6 (citing Ex. 1002 ¶¶ 115–120). Patent Owner does not dispute Petitioner’s proposed level of skill in the art. We adopt and apply Petitioner’s proposed skill level because it is consistent with the problems and solutions identified in the ’690 patent and the prior art references asserted by Petitioner. In addition, we find the adopted skill level consistent with the education and experience that a POSITA would have had. See In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (citing Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 962 (Fed. Cir. 1986)) (citing factors to consider when determining level of ordinary skill in the art).” slip op. at 25
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableNot shown unpatentableMixed
“Hence, we determine that Petitioner has shown by preponderant evidence that the Ranging Request (“probe request”) message includes CID and SS MAC address and other parameters (“first plurality of parameters”) which at least specify the CID (“content payload of the probe”) and the SS MAC address (“second node”) of the Ranging Response.12 We thus proceed to consider Petitioner’s contentions for the remaining limitations of claim 1, which are undisputed, and determine that claim 1 is anticipated by IEEE-802.16.” slip op. at 29
Patent outcomesUS 8,284,690 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 8,284,690 - Samsung Display Co., Ltd / Samsung Electronics Co., Ltd et al. v. Polaris Powerled Technologies, LLCSome claims unpatentablePTAB · Oct 11, 2024 · IPR2023-00771 · APJ Kara L Szpondowski · IPR · Final written decision
Claims 1–4 and 7 are unpatentable over Kim and Steer; claim 5 was not shown unpatentable.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner asserts a person of ordinary skill in the art “would have [had] a B.S. in Electrical Engineering or equivalent field, with 3–5 years of academic or industry experience in OLED display engineering or comparable industry.” Pet. 12 (citing Ex. 1002 ¶¶ 44–45). Petitioner further asserts that “[a]dditional education could compensate for less practical experience and vice versa.” Id. Patent Owner does not dispute Petitioner’s proposed level of ordinary skill in the art, and “applies Petitioner’s definition.” PO Resp. 7 (citing Pet. 12; Ex. 1002 ¶ 44). Because nothing in the record persuades us that our preliminary finding in the Institution Decision (Dec. 13) adopting Petitioner’s proposal was incorrect, and because the parties apply the same definition at trial, we maintain our adoption of Petitioner’s proposed level of ordinary skill in the art.” slip op. at 14
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“3. Analysis Only terms that are in controversy need to be construed, and then only to the extent necessary to resolve the controversy. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (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))). Both parties have presented their understanding of the plain and ordinary meaning of the terms “referenced to” and “independent of.” In the Institution Decision, we requested that “[i]f there is a dispute over the plain and ordinary meaning of these terms, the parties should address those issues during trial.” Dec. 14–15 n.6. On this record, the parties do not dispute each other’s understanding of the plain and ordinary meaning of these terms, and, based upon the parties’ arguments, we determine that no express construction of the claim terms is necessary to resolve the controversy, but address the parties’ arguments in the context of the prior art below.6” slip op. at 16
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“(1) Whether Kim teaches a “video driver receiving the video signal and generating a video drive signal indicative of the video signal” We are persuaded that Petitioner has shown that the identified portion of Kim’s Figure 10 teaches the recited “video driver” and “generat[es] a video signal.” We find particularly persuasive Petitioner’s annotated comparison of Figure 4 of the ’521 patent as compared to Kim’s Figure 10 (both reproduced above), which illustrates the similarities between the ’521 patent and Kim. See Pet. 25–28. As set forth by Petitioner, Kim’s voltage at node A4 (video drive signal generated by the video driver identified in the dark green box) is supplied to the gate of transistor M31, driving the organic light emitting diode OLED by the video driver circuitry identified in the dark green box, similar to how voltage v(t) 322 (video drive signal) is supplied to the gate of transistor M1 driving the OLED 32 by video driver 32 in Figure 4 of the ’521 patent. Id. at 29.” slip op. at 27
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentableNot shown unpatentable
“such as that it is a “simpler design,” would be “an obvious design choice,” “would simplify material needs and cost,” was “well-known,” was a “trivial design change,” would “provide immunity to power source noise,” and “would allow rejection of other power supply noise, such as drift.” Pet. 68– 70. However, several of these reasons focus on what a person of ordinary skill in the art would have been able to do, rather than what a person of ordinary skill in the art would have been motivated to do at the time of the invention. See Polaris Indus., Inc. v. Arctic Cat, Inc., 882 F.3d 1056, 1068– 69 (Fed. Cir. 2018) (finding problematic that “the Board focused on what a skilled artisan would have been able to do, rather than what a skilled artisan would have been motivated to do at the time of the invention”); InTouch Techs., Inc. v. VGO Commc’ns, Inc., 751 F.3d 1327, 1352 (Fed. Cir. 2014). We find Petitioner’s arguments unpersuasive because they amount to little more than an assertion that the recited limitations could have been easily achieved. We agree with Patent Owner that Petitioner’s proposed modification of Hayafuji is a redesign that appears to be the result of hindsight rather than based upon a persuasive reason for the modification. See Sur-reply 15–18. Petitioner’s argument that the modification involves adding to the functionality of Hayafuji by using an obvious variation of the circuitry Hayafuji already discloses that eliminates both the ripple component and the non-ripple component (see Reply 20–21) supports the conclusion that the proposed modifications were improperly informed by the requirements of the claim. For example, Dr. Kattamis’s testimony describes the proposed modifications, which include removing the ripple component extraction circuit and rewiring the existing circuit. Ex. 1015 ¶¶ 270–273, 321–331. We find that the extent of the proposed modifications is more suggestive of hindsight than obviousness. See Metalcraft of Mayville, Inc. v. The Toro Co., 848 F.3d 1358, 1367 (Fed. Cir. 2017) (“[W]e cannot allow hindsight bias to be the thread that stitches together prior art patches into something that is the claimed invention.”); InTouch, 751 F.3d at 1351 (Fed. Cir. 2014) (criticizing use of the challenged patent as a “roadmap” for putting what the expert referred to as “pieces of a ‘jigsaw puzzle’” together).” slip op. at 57
Patent outcomesUS 7,259,521 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 7,259,521 - Clearone, Inc. v. Shure Acquisition Holdings, Inc.Some claims unpatentablePTAB · Aug 14, 2020 · IPR2019-00683 · APJ Christa P Zado · IPR · Final written decision
Claims 1–5, 7–33, and 35–40 are unpatentable; claims 6 and 34 were not shown unpatentable. The motion to amend was granted for substitute claims 57–67.
RulingsFinal written decision- ExcludeMotion to exclude, deniedMixed
“establish that it is entitled to the relief requested—namely, that the material sought to be excluded is inadmissible under the Federal Rules of Evidence. See 37 C.F.R. §§ 42.20(c), 42.62(a). For the reasons discussed below, Petitioner’s Motion is dismissed as moot, and Patent Owner’s Motion is denied-in-part and dismissed-in-part.” slip op. at 10
- Skill levelOther
“C. Level of Ordinary Skill in the Art To establish the level of ordinary skill in the art, we look to various” slip op. at 19
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed patent owner constructionDecided for patent owner
“For the foregoing reasons, we determine the term “rotationally offset” slip op. at 23
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner
“date it becomes publicly accessible. In re Hall, 781 F.2d 897, 899 (Fed. Cir. 1986). “Whether a reference qualifies as a printed publication under § 102 is a legal conclusion based on underlying fact findings.” Acceleration Bay, LLC v. Activision Blizzard Inc., 908 F.3d 765, 772 (Fed. Cir. 2018). “A reference is considered publicly accessible if it was ‘disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art, exercising reasonable diligence, can locate it.’” Id.” slip op. at 24
Patent outcomesUS 9,565,493 mixedClaim construction§ 102 anticipation§ 103 obviousness§ 112 disclosurecites Phillips · GrahamPatents in suitUS 9,565,493 - Seabed Geosolutions (US), Inc. v. Magseis FF LLCSome claims unpatentablePTAB · Nov 5, 2019 · IPR2018-00961 · APJ Jon M Jurgovan · IPR · Final written decision
Claims 1–7 and 9–24 are unpatentable under the stated § 103(a) grounds; claim 8 was not shown unpatentable.
RulingsFinal written decision- Expert testimonyPatent owner expert discountedDecided for petitioner
“7. Our Analysis of Claim 1 As we analyze the evidence, Mattaboni’s Figure 4 does not relate to any characteristic of its memories that limits the frequency range of recorded seismic data. Rather, Mattaboni’s Figure 4 is “the product of the manufacturer’s specified response curve for the geophone and the measured transfer function of the preamp and filter blocks of Figure 3.” Ex. 1006, Fig. 4 (caption). Mattaboni discloses that its memories are capable of recording data at 120 times per second, or 60 Hertz, and thus above the 50 Hertz that Patent Owner contends is necessary to record “seismic data.” Regarding Patent Owner’s statements (1) and (2) above, Patent Owner’s declarant does not disclose the underlying facts or data on which these opinions are based, and they are thus entitled to little or no weight. 37 C.F.R. § 42.65(a). Regarding Patent Owner’s statement (3), Mattaboni states that the displacement response peak of its instrument is between 25 and 35 Hertz, which is the most important range for microearthquakes. Ex. 1006, 5. Mattaboni, however, also states the effective frequency band of the disclosed instrument is “from about 2 Hz to somewhat over 50 Hz (Figure 4).” Id. at 5. Thus, Mattaboni’s instrument records signals “somewhat over 50 Hz” which is “at least above 50 Hz” and in the frequency range which Patent Owner’s declarant contends is needed to record “seismic data.” Ex. 2051 ¶ 35; Ex. 1104, 301:5–302:1 (testifying that 8–50 Hz range is minimum for “seismic data” under Patent Owner’s construction).” slip op. at 28
- Skill levelSkill level board ownOther
“Considering the foregoing, we find that a person of ordinary skill in the art of OBS technology would have had: (i) a bachelor’s degree in electrical or mechanical engineering, geophysics, mathematics, general engineering, or equivalent thereof, and five (5) years of experience with the conduct of surveys with geophones, or the equivalent thereof, including two (2) years of work specifically with OBS technologies, or the equivalent thereof; or (ii) a bachelor’s degree and an advanced degree in electrical or mechanical engineering, geophysics, mathematics, general engineering, or equivalent thereof, and four (4) years of experience with the conduct of surveys with geophones, two (2) years of which involve work specifically with OBS technologies, or the equivalent thereof. We adopt these statements as describing the level of ordinary skill in the art pertinent to the 761 Patent in our obviousness analysis.” slip op. at 15
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“Petitioner contends there is a “heavy presumption” that claims terms have their ordinary meaning (CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002)), and that Patent Owner did not overcome this presumption with a clear and precise definition (In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994)). Reply 8. Claim terms must be construed, however, in light of the specification. See In re Translogic Tech., Inc., 504 F.3d at 1257. In the Specification, the 761 Patent describes “seismic data” as resulting from an acoustic signal from a seismic energy source that propagates into the earth and is partially reflected at subsurface lithologic or fluid boundaries and is detected and recorded as seismic energy data by seismic receivers. Ex. 1030, 1:12–23. Petitioner argues that this passage of the 761 Patent does not mention “seismic data.” We note, however, that this passage does mention “seismic energy data” which is shortened to “seismic data” when mentioned later in the 761 Patent. See, e.g., Ex. 1030, 2:48–51, 3:17–19, 3:26–30, 3:35–40, 3:61–63, 9:41–63. Petitioner further contends that several publications establish that “seismic data” is not limited to the oil and gas industry, but may be used in other fields such as earthquake monitoring. Reply. 10 (citing Exs. 1112– 1114, 1121). Patent Owner argues that its constructions are consistent with, and supported by, other publications from the oil and gas industry. PO Resp. 33 (citing Ex. 2003; Ex. 2004, 213–232). Collectively, these publications establish that the term “seismic data” is used differently in different fields, but the best source for determining the meaning of a claim term is the patent’s Specification. See, e.g., In re Abbott Diabetes Care Inc., 696 F.3d 1142, 1149–50 (Fed. Cir. 2012); In re Suitco Surface, Inc., 603 F.3d 1255, 1260–61 (Fed. Cir. 2010); Vitronics Corp. v. Conceptronic Inc., 90 F.3d 1576, 1583 (Fed. Cir. 1996). As the 761 Patent uses the term “seismic data” consistent with the meaning proposed by Patent Owner, and not the more expansive definition proposed by Petitioner, we adopt Patent Owner’s proposed construction as the correct one to use for our analysis in this decision. The plain meanings of claim terms are construed not in a vacuum, but in the context of the entire patent disclosure. See In re Translogic Tech., Inc., 504 F.3d at 1257. Our construction of “seismic data” and “seismic data recorder” is consistent with the 761 Patent’s use of the terms.” slip op. at 10
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner
“We agree that Patent Owner’s failure to re-allege the argument in the Response waives the argument that Schmalfeldt is not a “printed publication.” See In re Nuvasive, 842 F.3d 1376, 1380 (Fed. Cir. 2016) (finding waiver where a patent owner “challenged the public accessibility of the prior art references during the preliminary proceedings of the inter partes review . . . but failed to challenge public accessibility during the trial phase”); SAP Am., Inc. v. Versata Dev. Group, Inc., CBM2012-00001, Paper 81 (Sept. 13, 2013); Paper 12. In any case, Petitioner has demonstrated Schmalfeldt is a printed publication for reasons noted. Dec. Inst. 10–20; see also Reply 4 (citing Ex. 1105). Accordingly, we determine Petitioner has shown Schmalfeldt is a “printed publication” under 35 U.S.C. § 102.” slip op. at 16
Patent outcomesUS 8,228,761 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 8,228,761
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.