- Alliance Laundry Systems, LLC v. Payrange LLCSome claims unpatentablePTAB · Aug 19, 2026 · PGR2025-00028 · APJ George R Hoskins · PGR · Final written decision
Claims 1–6 and 8–20 are unpatentable under § 102, § 103, or § 101; claim 7 was not shown unpatentable because the asserted grounds did not establish its limitations.
RulingsFinal written decision- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableNot shown unpatentableMixed
“1. Legal Standards “Anticipation requires that every limitation of the claim in issue be” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundMixed
“2016) (alteration in original) (quoting Kinetic Concepts, 688 F.3d at 1368). Further, an assertion of obviousness “cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.” KSR, 550 U.S. at 418 (quoting In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)); accord In re NuVasive, Inc., 842 F.3d 1376, 1383 (Fed. Cir. 2016) (stating that “conclusory statements” amount to an “insufficient articulation[] of motivation to combine”; “instead, the finding must be supported by a ‘reasoned explanation’” (quoting In re Lee, 277 F.3d 1338, 1342 (Fed. Cir. 2002))); In re Magnum Oil Tools Int’l, Ltd., 829 F.3d 1364, 1380 (Fed. Cir. 2016) (“To satisfy its burden of proving obviousness, a petitioner cannot employ mere conclusory statements. The petitioner must instead articulate specific reasoning, based on evidence of record, to support the legal conclusion of obviousness.”).” slip op. at 36
- Patent Eligibility (§101) › Alice/Mayo step one — 'directed to'Step1 directed to exceptionMixed
“because the “user interface” limitations merely apply the recited abstract idea on a generic mobile device without meaningfully limiting the abstract idea. See 2025 Guidance, at 4–5. For example, these limitations do not reflect an improvement to the functioning of the mobile device (or any other computer device), and instead are “mere instructions to implement an abstract idea or other exception on” the mobile device. Id. Indeed, the ’423 patent specification describes only a generic “swipe-to-pay” feature. See, e.g., Ex. 1001, 7:13–33, Figs. 8C, 10A–10D. This supports our conclusion here that the claim 11 limitations do not integrate the recited abstract idea into a practical application. See MPEP § 2106.04(d)(1) (“[T]he specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement,” and “it must describe” slip op. at 108
- Patent Eligibility (§101) › Alice/Mayo step two — inventive conceptStep2 no inventive conceptMixed
“because the “user interface” limitations merely apply the recited abstract idea on a generic mobile device without meaningfully limiting the abstract idea. See 2025 Guidance, at 4–5. For example, these limitations do not reflect an improvement to the functioning of the mobile device (or any other computer device), and instead are “mere instructions to implement an abstract idea or other exception on” the mobile device. Id. Indeed, the ’423 patent specification describes only a generic “swipe-to-pay” feature. See, e.g., Ex. 1001, 7:13–33, Figs. 8C, 10A–10D. This supports our conclusion here that the claim 11 limitations do not integrate the recited abstract idea into a practical application. See MPEP § 2106.04(d)(1) (“[T]he specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement,” and “it must describe” slip op. at 108
Patent outcomesUS 11,972,423 mixed§ 101 eligibility§ 102 anticipation§ 103 obviousnesscites Alice · Mayo · Bilski · Enfish · Electric Power · KSR · GrahamPatents in suitUS 11,972,423 - Google LLC v. 138 East LCD Advancements LimitedAll claims unpatentablePTAB · Dec 19, 2025 · IPR2024-00959 · APJ George R Hoskins · IPR · Final written decision
Claims 1–10 are unpatentable: claims 1–8 as obvious and claim 9 as anticipated and obvious over the stated prior art.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Patent Owner does not dispute the level of [ordinary] skill . . . set forth in the Petition.” PO Resp. 14; Ex. 2001 ¶¶ 20–21. We adopt Petitioner’s unopposed assessment of ordinary skill, as it appears to be consistent with the ’082 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). slip op. at 10
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for petitioner
“We discuss the scope of the term “specification data” in claim 1 below in Section III.D.3(b)(v) when comparing the claim with Fisher. We construe the term “image processing control data” in claim 1 below in Section III.E.2(e)(i) when comparing the claim with Ohga. Otherwise, based on the arguments and evidence presented, we determine no explicit construction is needed to resolve the parties’ 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)).” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
- Obviousness (§103) › Motivation to combine / reasonable expectation of success › Teaching awayTeaching away not foundMotivation foundDecided for petitioner
“Dr. Papanikolopoulos’s testimony that Kuwata teaches away from modifying its camera 22 to access an external server (such as Fisher’s Internet-enabled external data source) by stressing advantages of a self-contained camera-printer pair without external dependencies. See PO Resp. 15–16, 26–28 (citing Ex. 1005 ¶¶ 75, 77); Ex. 2001 ¶¶ 61–64. The cited disclosures in Kuwata simply do not discuss any advantages arising from a self-contained camera-printer pair without external dependencies, or any disadvantages arising from connecting camera 22 to an Internet server. See Ex. 1005 ¶¶ 75, 77. The cited disclosures instead tout the advantages arising from a camera manufacturer (rather than an end user photographer) specifying the image output control information CI for a specific camera-printer pairing, to reduce differences between an image as confirmed by the end user on the camera’s display and the image outputted by the printer. See id. That advantage, however, has nothing to do with whether camera 22 may or may not communicate with an Internet server. Indeed, rather than being self-contained as Patent Owner and Dr. Papanikolopoulos would have it, we find Kuwata’s camera 22 includes an I/O port for wired or wireless communication to transmit the camera’s image files GF / 10 to various printers 24 and various personal computers (PCs). See Ex. 1005, Fig. 4, ¶¶ 81, 85; Ex. 1003 ¶ 84; Pet. 14. Thus, Kuwata allows for and does not discourage communication between camera 22 and an Internet server such as Fisher’s external data source. In particular, Kuwata does not detract from the benefits of updating image output control information CI after the camera is manufactured, for example so that the camera can be paired with printers that were not yet on the market when the camera was manufactured. Moreover, Fisher recognizes that “a manufacturer may create various ancillary data files 418, and make the ancillary data files 418 available on a distributed computer network like the Internet for subsequent downloading and utilization by camera device 110.” Ex. 1006 ¶¶ 42, 55. That teaching in Fisher dovetails with Kuwata’s disclosure concerning camera manufacturers optimizing their cameras with various different printers, supporting Petitioner’s combination. See Ex. 1003 ¶¶ 84–89, 102–108.” slip op. at 27
Patent outcomesUS 7,428,082 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 7,428,082 - Google LLC v. 138 East LCD Advancements LimitedAll claims unpatentablePTAB · Dec 19, 2025 · IPR2024-00960 · APJ Kristen L Droesch · IPR · Final written decision
Claims 1–14 are unpatentable over Stubler under §§ 102 and 103; claims 2–4 and 9–11 are also unpatentable over Stubler and Wang under § 103.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“could substitute for work experience.” Pet. 4 (citing Ex. 1003 ¶ 49). Patent Owner does not dispute Petitioner’s proposed definition of a person of ordinary skill in the art. See PO Resp. generally. Based on our review of the record, we find that Petitioner’s proposed definition of a person of ordinary skill in the art is consistent with the level of skill reflected in the prior art references of record. See Daiichi Sankyo Co. v. Apotex, Inc., 501 F.3d 1254, 1256 (Fed. Cir. 2007) (listing the type of problems encountered in the art, prior art solutions to those problems, and the sophistication of the technology as factors that may be considered in determining the level of ordinary skill in the art); see also Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (explaining that specific findings regarding ordinary skill level are not required “where the prior art itself reflects an appropriate level and a need for testimony is not shown”). Accordingly, we adopt Petitioner’s definition of a person of ordinary skill in the art.” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Specification disavowal / 'present invention' languageDisclaimer not foundDecided for petitioner
“We do not agree with Patent Owner’s proposed construction that qualifies the words “similar to the object” with “sufficiently similar to identify the specific object,” based on the disclosures of the ’807 Patent Specification. We acknowledge the ’807 Patent Specification discloses the words “the specific object” in the context of acknowledging or detecting the specific object in the image with the object acknowledgement section and retrieving an image from the database that contains the specific object after keywords are added to the image. See Ex. 1001, 4:18–24, 5:54–6:3, 7:28–31. Similarly, the Specification discloses the term “specific person” in the context of retrieving an image from the database that contains the specific person after keywords are added to the image. See Ex. 1001, 4:48–54. We further acknowledge that the Specification discloses a face image similarity determining section to determine if a face image is similar to a face image stored in the database. Ex. 1001, 4:30–34, 4:40–44, 8:60–67, 9:18–22, 10:19–22, 11:58–67. The Specification further includes a passage, cited by Patent Owner, that discloses “if it is determined that the face image coincides to the face image which is contained previously [in a database] or is very similar to the face image which is contained previously, the information for such a human is proposed so as to expedite the user to confirm.” Ex. 1001, 9:18–22; see PO Resp. 16, 17, 19. Finally, we also acknowledge that the Specification further discloses an example of a database record that includes keywords, such as “Jiro” and “second eldest brother” for a human, and further discloses retrieving items from the database with the keyword “Jiro.” See Ex. 1001, 9:47–54, 10:41–58, Figs. 6, 9. however, do not rise to the level of disclaimer or a disavowal of the full scope of the claim term “similar to the object of the image previously contained in the database.” For example, Patent Owner does not direct us to any explicit statements or disclosures in the ’807 patent Specification that indicate a clear intention to limit “similar to the object” to “sufficiently similar to identify the specific object” using words or expressions of manifest exclusion or restriction. See Hill–Rom Servs., 755 F.3d at 1372; Thorner, 669 F.3d at 1367–68; Liebel-Flarsheim, 358 F.3d at 906. Therefore, absent disclaimer or disavowal of claim scope, we decline to import limitations into “similar to the object of the image previously contained in the database,” recited in claim 1, on the basis of the Specification.” slip op. at 14
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for petitioner
“Conclusion Based on the record, we do not agree that “similar to the object of the image previously contained in the database,” should be construed as “sufficiently similar to identify the specific object of the image previously claims. As demonstrated in the analysis of the prior art below, we need not provide an explicit claim construction for “similar to the object of the image previously contained in the database.” Instead, we give the words “similar to the object of the image previously contained in the database,” recited in claims 1, 7, and 8, their ordinary and customary meaning, as they would be understood by a person or ordinary skill in the art at the time of the invention. 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))). As demonstrated in the analysis below, we need not explicitly construe any other claim terms or phrases to resolve any additional disputes between the parties. See Realtime, 912 F.3d at 1375.” slip op. at 18
- Claim Construction › Extrinsic evidence (dictionaries, experts)Decided for petitioner
“Although “extrinsic evidence may be useful . . . it is unlikely to result in a reliable interpretation of patent claim scope unless considered in the context of the intrinsic evidence.” As explained in the previous sections, the intrinsic evidence (i.e., the claims and Specification) does not support Patent Owner’s proposed construction. Dr. Papanikolopoulos’ testimony regarding the proposed claim construction is at odds with the claim construction mandated by the claims themselves and the Specification and, therefore, Dr. Papanikolopoulos’ testimony cannot supersede the intrinsic evidence. See Phillips, 415 F.3d at 1308.” slip op. at 18
Patent outcomesUS 7,486,807 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 7,486,807 - Google LLC v. 138 East LCD Advancements LimitedAll claims unpatentablePTAB · Dec 18, 2025 · IPR2024-00958 · APJ Kevin C Trock · IPR · Final written decision
The Board cancelled original claims 1, 2, and 4–6, denied cancellation of claim 3 and substitute claims 7–12, and found substitute claims 7, 8, and 10–12 unpatentable on four obviousness grounds.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“proposed assessment of a person of ordinary skill in the art, as a person having a bachelor’s degree in electrical engineering, computer science, or related engineering disciplines, and two years of experience in multi-lens camera systems. Paper 6, 8–9. Patent Owner does not address the level of ordinary skill in its briefing. Petitioner’s description of a person of ordinary skill in the art is consistent with the subject matter of the ’638 patent. As Patent Owner does not raise an objection, or provide an alternative description, we continue to use the same assessment of a person of ordinary skill in the art that we used in the Institution Decision. C. Claim Construction” slip op. at 13
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningOther
“Only terms that are in controversy need to be construed, and then only to the extent necessary to resolve the controversy. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (in the context of an inter partes review, applying Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)). In the Institution Decision, we determined that no claim term required express construction at that stage of the proceeding. Paper 6, 10. In its briefing, Patent Owner does not address any claim construction issues. In its Opposition to the Revised Motion to Amend, Petitioner does not propose any express claim construction. To the extent that the determination of the meaning of any claim term is necessary, we use its ordinary and customary meaning in this Decision. D. Statutory and Regulatory Requirements” slip op. at 14
- ScopeMotion to amend granted in partGranted in part
“Section 316(d) does not permit a Patent Owner to cancel or propose substitutes for non-challenged claims. 35 U.S.C. § 316(d)(1). We therefore grant Patent Owner’s request to cancel original claims 1, 2, and 4–6 of the ’638 patent, but do not grant Patent Owner’s request to cancel claim 3, because claim 3 was not challenged by Petitioner.1 E. Proposed Substitute Claims 7–12” slip op. at 7
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“We disagree with Patent Owner. Patent Owner argues that Petitioner’s reliance on Yadav (Ex. 1009) is improper because Yadav “was not published until May 16, 2013, more than three years after the priority date of the ’638 patent.” However, under 35 U.S.C. § 102(e)(1), a published patent application, such as Yadav, is deemed to be prior art as of its filing date, not its publication date as Patent Owner asserts. See Lynk Labs, Inc. v. Samsung Elecs. Co., Ltd., 125 F. 4th 1120, 1126–27 (Fed. Cir. 2025) (“[U]nder § 102(e)(1), even if a patent application was published after a claimed invention, it may serve as prior art to the invention if the application was filed before the invention.”). Yadov was filed on September 14, 2009 (Ex. 1009, code (22)), before the ’638 patent’s earliest possible priority date of December 25, 2009 (Ex. 1001, code (30)), making it prior art.” slip op. at 29
Patent outcomesUS 8,482,638 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,482,638 - PTAB · Dec 3, 2025 · IPR2025-01016 · APJ Arthur M Peslak · IPR · Institution
The Board instituted IPR on all challenged claims 1–13 and all petition grounds, finding a reasonable likelihood that Jurik anticipates at least one claim.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“determine whether to institute an inter partes review under 35 U.S.C. § 314(a). See 37 C.F.R § 42.4(a) (2024) (“The Board institutes the trial on behalf of the Director.”). Under 35 U.S.C. § 314(a), an inter partes review may not be instituted unless the information presented in the Petition shows “there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” Considering the Petition as well as all supporting evidence, we conclude that the information presented in the Petition establishes a reasonable likelihood that Petitioner would prevail in its challenge of at least one claim of the ’373 patent as unpatentable. Pursuant to 35 U.S.C. § 314, we hereby institute an inter partes review of all challenged claims of the ’373 patent on the grounds stated in the Petition.” slip op. at 2
- Skill levelSkill level petitioner adoptedOther
“[a] person of ordinary skill in the art (“POSITA”) at the time of the assumed effective filing date (March 30, 2023), would have had at least a B.S. degree in mechanical or electrical engineering and would have had at least two years of practical experience designing lighting systems. Alternatively, a POSITA would have at least two years of undergraduate training in a physical science (e.g., engineering or physics) and at least four years of practical experience designing lighting systems. Pet. 10 (citing Ex. 1004 ¶¶ 31–32). Patent Owner did not file a Preliminary Response. For the purposes of this Decision, we apply Petitioner’s currently uncontested definition except for the term “at least” because it may cause ambiguity resulting in potentially encompassing those with more than ordinary skill in the art. With that qualification, Petitioner’s proposal appears consistent with the problems addressed in the ’373 patent and the prior art.” slip op. at 10
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Patent Owner did not file a Preliminary Response. We determine, at this stage of the proceeding, that we need not construe any claim terms to resolve the controversy before us. 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))). The parties are free to address the construction of any claim term in subsequent authorized briefing during trial. If either party chooses to present claim construction arguments, the arguments should be in a separately delineated portion of the brief labelled accordingly.” slip op. at 11
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Instituted
“To establish anticipation under 35 U.S.C. § 102, each and every element in a claim, arranged as recited in the claim, must be found in a single prior art reference. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1369 (Fed. Cir. 2008); Karsten Mfg. Corp. v. Cleveland Golf Co., 242 F.3d 1376, 1383 (Fed. Cir. 2001). Each element of the challenged claim must be found, either expressly or inherently, in the single prior art reference. Verdegaal Bros., Inc. v. Union Oil Co. of Cal., 814 F.2d 628, 631 (Fed. Cir. 1987). However, this is not an ipsissimis verbis test, i.e., identity of terminology is not required. See In re Bond, 910 F.2d 831, 832 (Fed. Cir. 1990). When evaluating a prior art reference in the context of anticipation, the reference must be “considered together with the knowledge of one of ordinary skill in the pertinent art.” In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994) (citing In re Samour, 571 F.2d 559, 562 (CCPA 1978)).” slip op. at 8
Claim construction§ 102 anticipationcites Phillips · KSR · GrahamPatents in suitUS 11,988,373 - Tanklogix, LLC v. Sitepro, Inc.Institution deniedPTAB · Oct 10, 2025 · IPR2025-00653 · APJ Bart A Gerstenblith · IPR · Institution
The Board denied institution on all claims because the Petition did not show a reasonable likelihood that any challenged claim was unpatentable over the asserted grounds.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“An inter partes review may be instituted only if “the information presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a) (2024). For the reasons given below, on this record Petitioner has not established a reasonable likelihood that it would prevail in showing the unpatentability of any of the Challenged Claims. Accordingly, we do not institute an inter partes review.” slip op. at 2
- Skill levelSkill level patent owner adoptedDecided for patent owner
“The parties’ proposed levels of ordinary skill in the art are similar, although Patent Owner proposes two years of experience along with a bachelor’s degree whereas Petitioner proposes “significant” experience. Patent Owner also proposes an alternative with more extensive experience in lieu of a bachelor’s degree. Although we find Petitioner’s proposed qualifications acceptable, we adopt Patent Owner’s proposed qualifications for the purposes of this Decision because they offer a wider range of qualifications that nonetheless comport with the level of ordinary skill necessary to understand and implement the teachings of the ’504 patent and the asserted prior art. 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). Our analysis and findings herein, however, do not turn on any differences in the parties’ proposed qualifications.” slip op. at 12
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Additionally, only terms that are in controversy need to be construed, and these need be construed 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)). The parties assert that each claim term should be construed in accordance with its plain and ordinary meaning. Pet. 9; Prelim. Resp. 4 (citing Ex. 2009 ¶ 72); see Ex. 1002 ¶ 22 (opining the same). And, in the respective claim construction sections of their briefs, the parties do not propose any claim terms for express construction. We agree with the parties that no claim terms require express construction to resolve the controversy before us. See Realtime Data, 912 F.3d at 1375.” slip op. at 13
- Expert testimonyPetitioner expert discountedDecided for patent owner
“Ex. 1002 ¶ 47. As reflected above, Dr. Wooley’s testimony as to element [1.2] does not even assert that Cardamone discloses a tank, let alone one or more sensors disposed at a tank as recited in element [1.2]. Thus, Dr. Wooley’s testimony does not support Petitioner’s argument on this issue.” slip op. at 18
Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,726,504 - Tanklogix, LLC v. Sitepro, Inc.Institution deniedPTAB · Oct 10, 2025 · IPR2025-00652 · APJ Bart A Gerstenblith · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood that claims 1–23 and 25–30 were unpatentable over the asserted grounds.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsDenied
“presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a) (2024). For the reasons given below, on this record Petitioner has not established a reasonable likelihood that it would prevail in showing the unpatentability of any of the Challenged Claims. Accordingly, we do not institute an inter partes review.” slip op. at 2
- Skill levelSkill level patent owner adoptedDecided for patent owner
“The parties’ proposed levels of ordinary skill in the art are similar, although Patent Owner proposes two years of experience along with a bachelor’s degree whereas Petitioner proposes “significant” experience. Patent Owner also proposes an alternative with more extensive experience in lieu of a bachelor’s degree. Although we find Petitioner’s proposed qualifications acceptable, we adopt Patent Owner’s proposed qualifications for the purposes of this Decision because they offer a wider range of qualifications that nonetheless comport with the level of ordinary skill necessary to understand and implement the teachings of the ’403 patent and the asserted prior art. 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). Our analysis and findings herein, however, do not turn on any differences in the parties’ proposed qualifications.” slip op. at 12
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“The parties assert that each claim term should be construed in accordance with its plain and ordinary meaning. Pet. 10; Prelim. Resp. 4 (citing Ex. 2009 ¶ 73); see Ex. 1002 ¶ 22 (opining the same). And, in the respective claim construction sections of their briefs, the parties do not propose any claim terms for express construction. We agree with the parties that no claim terms require express construction to resolve the controversy before us. See Realtime Data, 912 F.3d at 1375.” slip op. at 13
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“We agree with Patent Owner that the Petition fails to demonstrate that Kahn discloses element [1.2] because the evidence cited does not disclose a “first computer system being configured to provide remote control of the first pump or first valve” (i.e., a fluid-handling device). Kahn is directed to providing access to fluid sensing data and analyzing and providing visual information on that data, but Petitioner has not identified any disclosure of the capability to remotely control fluid-handling devices. See, e.g., Ex. 1005, code (54), 1:27–36, 2:50–3:2. More specifically, Kahn’s disclosures that Petitioner relies on for allegedly teaching remote control are deficient. We discuss each. First, Petitioner points to the following, “[f]or instance, as illustrated in FIG. 1C, a fluid control device such as a valve 15A is located on the input side of a sen[s]or unit 110.” Ex. 1005, 8:19–21, cited in Pet. 13. This portion of Kahn, however, does not disclose remote control. Second, Petitioner cites to the following: Finally, or in addition to, the communication unit 112B can include on-site alerts such as optical (indicator lights), audible alerts (e.g., alarm sounds), tactile (e.g., vibration of the unit) or can be interfaced to an appropriate control valve for simply shutting off the supply of fluid upon the detection of emergency events, for instance. Pet. 13 (citing Ex. 1005, 10:62–67). We agree with Patent Owner that this portion of Kahn teaches on-site alerts and local control of the fluid-handling device. See Prelim. Resp. 7. This portion of Kahn does not disclose remote control.” slip op. at 18
Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,294,403 - Tanklogix, LLC v. Sitepro, Inc.Institution deniedPTAB · Oct 10, 2025 · IPR2025-00651 · APJ Bart A Gerstenblith · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood that claims 1–3, 6, 7, and 9–20 were unpatentable over any asserted ground.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsDenied
“presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a) (2024). For the reasons given below, on this record Petitioner has not established a reasonable likelihood that it would prevail in showing the unpatentability of any of the Challenged Claims. Accordingly, we do not institute an inter partes review.” slip op. at 2
- Skill levelSkill level patent owner adoptedDecided for patent owner
“The parties’ proposed levels of ordinary skill in the art are similar, although Patent Owner proposes two years of experience along with a bachelor’s degree whereas Petitioner proposes “significant” experience. Patent Owner also proposes an alternative with more extensive experience in lieu of a bachelor’s degree. Although we find Petitioner’s proposed qualifications acceptable, we adopt Patent Owner’s proposed qualifications for the purposes of this Decision because they offer a wider range of qualifications that nonetheless comport with the level of ordinary skill necessary to understand and implement the teachings of the ’680 patent and the asserted prior art. 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). Our analysis and findings herein, however, do not turn on any differences in the parties’ proposed qualifications.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“target value” is part of a command that is sent from a computing device to a server and then to a controller. The controller then receives a measurement of the fluid by a sensor and determines whether the measurement satisfies the “target value.” If the measurement does not satisfy the “target value,” further operations are undertaken. The recited operation sequence makes clear that the plain and ordinary meaning of “target value” is not as Dr. Wooley opines because the particular operating condition that a device is in at a particular time is represented by the measurement taken by the sensor, 11 Some claim language less relevant to construing “target value” was omitted for ease of reference. which the controller then uses to determine whether the measurement satisfies the “target value.” Additionally, claim 1 recites that the “target value” is sent as part of a command to the controller. The “target value” is not sent to the controller from the sensor, as might be expected if the plain and ordinary meaning of “target value” were as Dr. Wooley opines. Petitioner and Dr. Wooley’s construction would also result in “target value” meaning effectively the same thing as the measurement of the fluid by the sensor, a concept that is separately recited in claim 1 and to which the “target value” is compared. The Specification of the ’680 patent does not support Petitioner’s understanding of the plain and ordinary meaning of “target value.” Although the Specification does not recite “target value,” it recites “target state,” and describes “target state” sufficiently to understand the plain and ordinary meaning of “target” as used in “target value” and “target state.” In particular, the ’680 patent explains that “[i]n some embodiments, the process 104 includes receiving, via a network interface, from a remote user device, (e.g., via a command-center server) a command to change a state of a fluid-handling device to a target state.” Ex. 1001, 11:48–51. This portion reflects that the command is seeking to change a state of a fluid-handling device to a target state. In other words, the “target value” or “target state” is not generally “the particular operating condition that a device is in at a particular time”; rather, it is a value or state that the fluid-handling device is desired to be in, as Patent Owner and Dr. Durham explain. Additionally, just as claim 1 recites a directional component for the “target value” to be sent to the controller in a command, so too does the Specification describe a “target state” as being sent in a command from a remote user device. Thus, the Specification clearly supports the plain and ordinary meaning proposed by Patent Owner and Dr. Durham and not the plain and ordinary meaning proposed by Petitioner and Dr. Wooley. slip op. at 14
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“time-stamped process data, report exception therein to the remote host, and extract and transmit time-stamped process data to the remote host.” Ex. 1005, Abst. (emphases added). Almadi explains that its remote field systems must include a plurality of controller units “to issue commands to, and gather and process data from a plurality of field devices, including remote systems and instruments, . . . [and] a database server for the storage of process data retrieved from the remote subsystems and instruments.” Id. at 2:22–30 (emphases added). Based on these disclosures, we agree with Patent Owner that Petitioner has not established that Almadi discloses element [1.4]. Specifically, the teachings from Almadi identified by Petitioner refer to process data, which is data retrieved from the remote subsystems/field devices. Thus, we understand that Almadi’s teaching—of using an Ethernet switch to transmit “process data”—describes transmitting data from the remote subsystems/field devices. See Ex. 1005, 3:13–17, cited in Pet. 15. But claim 1 and particularly element [1.4], recites “sending, with the server, the target value to the network address [which identifies a controller of the fluid-handling device13] via the network,” which is different than sending process data from the field devices to the remote host or database server for storage.” slip op. at 19
Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,175,680 - Tanklogix, LLC v. SiteproInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00650 · APJ Sheila F Mcshane · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood that claims 18–32 and 34 were unpatentable over Kahn or Kahn and Gutierrez.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“information presented in the petition . . . and any response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a) (2024). Upon consideration of the Petition, the Preliminary Response, and the evidence of record, we determine that Petitioner has not established a reasonable likelihood of prevailing with respect to the unpatentability of at least one claim of the ’871 patent. Accordingly, for the reasons that follow, we decline to institute an inter partes review of claims 18–32 and 34 of the ’871 patent.” slip op. at 2
- Skill levelSkill level patent owner adoptedDecided for patent owner
“The respective proposed levels of qualifications for a person of ordinary skill in the art are similar, with Patent Owner proposing two years of experience compared to Petitioner proposing significant experience with remotely controlling fluid-handling devices, like SCADA systems. Patent Owner also proposes more extensive experience in lieu of educational experience. While we find Petitioner’s proposed qualifications to be acceptable, we adopt Patent Owner’s proposed qualifications for the purposes of this Decision because they offer a wider range of qualifications that nonetheless comport with the level of skill necessary to understand and implement the teachings of the ’871 patent and the asserted prior art. Our analysis and findings herein, however, do not turn on any differences in the qualifications adopted.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“We determine that we need not expressly construe any claim terms to resolve the parties’ disputes on the current record. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (“[W]e need only construe 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 10
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“actuators and the remote control of fluid handling devices, including the receipt with the user-interface module of “a user command to actuate an actuator via a presented control interface” (limitation [18.7]) and “account authorized to send commands to remotely control fluid handling devices” (limitation [18.11]). We agree with Patent Owner that the Petition fails to demonstrate that Kahn discloses or teaches these limitations because the evidence does not provide support that there is remote control of fluid handling devices or the use of a user command on a control interface to send a command to a fluid handling device, for instance. Kahn is directed to providing access to fluid sensing data and analyzing and providing visual information on that data, but we do not discern that it teaches or discloses the capability to remotely control fluid handling devices. See, e.g., Ex. 1005, code (54), 1:27–36, 2:50–3:2. More specifically, the Kahn disclosures that Petitioner repeatedly relies upon for allegedly teaching this control are deficient. See Ex. 1005, 10:62–67, 14:35– 15:2, 15:62–16:32; see also Pet. 12–14, 16–18. Kahn discloses that “the communication unit 112B can include on-site alerts such as optical (indicator lights), audible alerts (e.g., alarm sounds), tactile (e.g., vibration of the unit) or can be interfaced to an appropriate control valve for simply shutting off the supply of fluid upon the detection of emergency events, for instance.” Ex. 1005, 10:62–67. Communication unit 112B is part of the local “sensor unit,” wherein the detection conditions determined by the sensor are communicated to remote devices by communication unit 112B. See id. at 3:31–33, 5:62–6:2, 6:27–35, 7:33–37, 13:7–12, Figs. 1A–1C. Kahn discloses that the sensor units, which include communication units 112B, can be located near shut-off valves and can communicate with distant locations. See id. at 11:1–13. There are no disclosures, however, in the above passages that there is remote control of fluid handling devices, that there is a user command on a control interface that actuates an actuator, or that there is a command sent to the facility actuators via a network connection, as required in limitations [18.5]–[18.7] and [18.9]–[18.12], respectively. Rather, the disclosure indicates that the communication unit 112B includes on-site alerts and that the local (non-remote) communication unit 112B can be interfaced with the control valve.” slip op. at 18
Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,488,871 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Chien-Min SungAll claims unpatentablePTAB · Sep 17, 2025 · IPR2024-00534 · APJ Barry L Grossman · IPR · Final written decision
Claims 1–20 are unpatentable: claims 1–6, 9–12, and 20 are anticipated by or obvious over Sung ’026; claims 5–10 and 13–19 are obvious over the listed combinations.
RulingsFinal written decision- Skill levelSkill level board ownDecided for patent owner
“We secondly conclude a POSITA would have had at least two years of experience designing and/or developing CMP technology per Patent Owner’s formulation, but we reject Patent Owner’s additional contention that this experience must include designing and/or developing pad dressers” slip op. at 21
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“In his deposition testimony, Dr. Tsai testifies that the Sung ’026 patent application publication “intends to make a diamond disk that has all the protrusion[s] with identical heights and with the same orientation.” Ex. 1049, 50:2–4. Dr. Tsai also testified that “[i]n addition, [Sung ’026] also intends to control the depths of penetrating into the pad. For example, if I want to penetrate 10 micron into the pad, then the protrusion height should be at least 10 micron.” Id. at 50:10–13. So, contrary to Dr. Tsai’s Declaration testimony in Ex. 2011 ¶ 69, Dr. Tsai clarifies in his deposition testimony that Sung ’026 intends to combine three distinct aspects or embodiments. He testifies that “first one is that you need to have the same orientation, same shape so you can have the consistency; and No. 2, you would like to have the same height; and No. 3, you would like to control the penetration depths.” Ex. 1049, 51:2–6. Dr. Tsai was then asked “[s]o Sung ’026 is trying to combine all three of those together, correct?” Id. at 51:9– 10. His answer was “[t]hat’s correct, because if you can have a very good control of those, then -- and that time period back then, then you can make a very perfect diamond disk.” Id. at 51:11–13. Based on the evidence as discussed above, we determine that Sung ’026 discloses the elements and limitations in clause 1[C]. In particular, we credit Dr. Shanfield’s testimony (as summarized above) over Dr. Tsai’s declaration testimony, because Dr. Tsai’s deposition testimony essentially agreed with Dr. Shanfield that Sung ’026 discloses all the aspects recited in claim 1 together in a single embodiment.” slip op. at 48
- ExcludeMotion to exclude, deniedDenied
“Moreover, our general approach for considering challenges to the admissibility of evidence was outlined in Corning Inc. v. DSM IP Assets B.V., IPR2013-00053, Paper 66 at 19 (PTAB May 1, 2014). As stated in Corning, similar to a district court in a bench trial, the Board, sitting as a non-jury tribunal with administrative expertise, is well-positioned to determine and assign appropriate weight to evidence presented. Id. (citing Donnelly Garment Co. v. NLRB, 123 F.2d 215, 224 (8th Cir. 1941) (stating, in the context of reviewing an administrative determination of the National Labor Relations Board based on findings by a Trial Examiner, “We think that experience has demonstrated that in a trial or hearing where no jury is present, more time is ordinarily lost in listening to arguments as to the admissibility of evidence and in considering offers of proof than would be consumed in taking the evidence proffered . . . One who is capable of ruling accurately upon the admissibility of evidence is equally capable of sifting it accurately after it has been received . . . .”)). Moreover, “there is a strong public policy for making all information filed in an administrative proceeding available to the public.” Liberty Mut. Ins. Co. v. Progressive Cas. Ins. Co., CBM2012-00010, Paper 59 at 40 (PTAB February 24, 2014). Rather than excluding evidence that is allegedly hearsay, confusing, misleading, untimely, and/or irrelevant, we will simply not rely on it or give it little or no probative weight, as appropriate, in our analysis. “In an inter partes review, we regard it as the better course to have a complete record of the evidence to facilitate public access, as well as appellate review.” Sony Computer Entm’t Am. LLC v. Game Controller Tech. LLC, IPR2013-00634, Paper 32 at 31 (PTAB Apr. 14, 2015); see also Gnosis S.p.A. v. S. Alabama Med. Sci. Found., IPR2013-00118, Paper 64 at 43 (PTAB June 20, 2014) (citing Donnelly, 123 F.2d at 224 (“If the record on review contains not only all evidence which was clearly admissible, but also all evidence of doubtful admissibility, the court which is called upon to review the case can usually make an end of it, whereas if evidence was excluded which that court regards as having been admissible, a new trial or rehearing cannot be avoided.”)).” slip op. at 32
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“According to Patent Owner, Petitioner’s argument is that “several distinct portions of Sung ’026 purportedly, when viewed together, disclose an embodiment that satisfies the recitation of Claim Limitation [1C].” Id. at 20. Patent Owner asserts, however, that “these individual embodiments of Sung ’026—which it describes in separate portions of the reference as discrete ‘aspects’ of the invention of Sung ’026—cannot not be used collectively to satisfy the anticipation standard.” Id. (citing Net MoneyIN, 545 F.3d at 1371). Simply put, it is Patent Owner’s position that because Sung ’026 fails to disclose these various aspects in a single embodiment as Claim Limitation [1C] recites, Sung ’026 cannot anticipate claim 1. It is Petitioner’s position that Dr. Tsai’s deposition testimony supports Petitioner’s assertions that Sung ’026 anticipates independent claim 1 because the various alleged “individual embodiments” are part of a unified whole that overcome the circumstances discussed in Net MoneyIN. In his deposition testimony, Dr. Tsai testifies that the Sung ’026 patent application publication “intends to make a diamond disk that has all the protrusion[s] with identical heights and with the same orientation.” Ex. 1049, 50:2–4. Dr. Tsai also testified that “[i]n addition, [Sung ’026] also intends to control the depths of penetrating into the pad. For example, if I want to penetrate 10 micron into the pad, then the protrusion height should be at least 10 micron.” Id. at 50:10–13. So, contrary to Dr. Tsai’s Declaration testimony in Ex. 2011 ¶ 69, Dr. Tsai clarifies in his deposition testimony that Sung ’026 intends to combine three distinct aspects or embodiments. He testifies that “first one is that you need to have the same orientation, same shape so you can have the consistency; and No. 2, you would like to have the same height; and No. 3, you would like to control the penetration depths.” Ex. 1049, 51:2–6. Dr. Tsai was then asked “[s]o Sung ’026 is trying to combine all three of those together, correct?” Id. at 51:9– 10. His answer was “[t]hat’s correct, because if you can have a very good control of those, then -- and that time period back then, then you can make a very perfect diamond disk.” Id. at 51:11–13. Based on the evidence as discussed above, we determine that Sung ’026 discloses the elements and limitations in clause 1[C]. In particular, we credit Dr. Shanfield’s testimony (as summarized above) over Dr. Tsai’s declaration testimony, because Dr. Tsai’s deposition testimony essentially agreed with Dr. Shanfield that Sung ’026 discloses all the aspects recited in claim 1 together in a single embodiment.” slip op. at 48
Patent outcomesUS 9,138,862 unpatentable§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 9,138,862
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.