- Alliance Laundry Systems, LLC v. Payrange LLCSome claims unpatentablePTAB · Aug 19, 2026 · PGR2025-00027 · APJ George R Hoskins · PGR · Final written decision
Claims 1–6 and 8–20 are unpatentable under § 101; claim 7 was not shown unpatentable.
RulingsFinal written decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pet.”) pursuant to 35 U.S.C. §§ 321–329 to institute a post-grant review of U.S. Patent No. 11,966,920 B2 (Ex. 1001, “the ’920 patent”), claims 1–20. We issued an Institution Decision (Paper 12) granting the petitioned review. slip op. at 2
- Skill levelOther
“B. Level of Ordinary Skill in the Art Petitioner contends a person having ordinary skill in the art pertaining” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for patent owner
“thereby supporting our conclusion that the plain and ordinary meaning of “affordance” in claim 1 refers to an interactive user interface element.” slip op. at 30
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“For the foregoing reasons, we conclude Petitioner’s reliance on Low’s” slip op. at 21
Patent outcomesUS 11,966,920 mixedClaim construction§ 101 eligibility§ 103 obviousnesscites Alice · Mayo · Bilski · Berkheimer · Enfish · Electric Power · KSRPatents in suitUS 11,966,920 - 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 - Kubota North America Corporation v. Vermeer Manufacturing CompanySome claims unpatentablePTAB · Jun 30, 2026 · IPR2025-00169 · APJ Meredith C Petravick · IPR · Final written decision
Claims 50–54 are unpatentable as obvious over KR996 and JP705; claims 55–63, 68, 69, and 80–85 were not shown unpatentable over KR996, JP705, Bares, and Beltrami.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner
“(“This language is merely exemplary, using reference numerals to refer to the embodiment’s features and qualifying ‘single weldment’ as referring ‘generally’ to specific embodiments.”). The Iowa District Court reached the same conclusion. See Ex. 1020 at 4 (holding that “‘mainframe’ will be given its plain and ordinary meaning and does not require a single weldment” (emphasis added)), cited at Pet. Init. CC Br. 2; see also 37 C.F.R. § 42.100(b) (“Any prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission, that is timely made of record in the inter partes review proceeding will be considered.”).” slip op. at 35
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“probative and cogent evidence in the record” and “may often establish that an invention appearing to have been obvious in light of the prior art was not.” Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc., 699 F.3d 1340, 1349 (Fed. Cir. 2012). Thus, notwithstanding what the teachings of the prior art would have suggested to one skilled in the art, secondary considerations (objective evidence of non-obviousness) may lead to a conclusion that the challenged claims would not have been obvious. In re Piasecki, 745 F.2d 1468, 1471–72 (Fed. Cir. 1984). Our obviousness analysis includes consideration and weighing of Patent Owner’s objective indicia of non-obviousness.” slip op. at 57
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableNot shown unpatentableMixed
“e) Conclusion as to the Independent Claim 50 For the reasons discussed above, the evidence presented by Petitioner” slip op. at 67
- ExcludeMotion to exclude, grantedGranted in part
“For these reasons, we are persuaded by Petitioner to exclude, as” slip op. at 19
Patent outcomesUS 9,321,386 mixedClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,321,386 - Kubota North America Corporation v. Vermeer Manufacturing CompanySome claims unpatentablePTAB · Jun 30, 2026 · IPR2025-00170 · APJ Eric C Jeschke · IPR · Final written decision
Claims 1–18 are unpatentable over KR996 and the KR996/Bares combination; Petitioner did not prove claims 19–36 unpatentable over KR996, Bares, and Beltrami.
RulingsFinal written decision- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableNot shown unpatentableMixed
“(10) Conclusion as to Objective Indicia We have considered, as a whole, all of Patent Owner’s arguments and admissible evidence concerning secondary considerations. If we were to presume nexus, we give some weight to Patent Owner’s admissible evidence of industry praise and skepticism at the time of invention. d. Conclusion as to Claim 1 For the reasons discussed above (§§ II.F.2.a–b), the evidence” slip op. at 62
- Obviousness (§103) › Objective indicia / secondary considerationsObjective indicia outweighedDecided for petitioner
“probative and cogent evidence in the record” and “may often establish that an invention appearing to have been obvious in light of the prior art was not.” Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc., 699 F.3d 1340, 1349 (Fed. Cir. 2012). Thus, notwithstanding what the teachings of the prior art would have suggested to one skilled in the art, secondary considerations (objective evidence of non-obviousness) may lead to a conclusion that the challenged claims would not have been obvious. In re Piasecki, 745 F.2d 1468, 1471–72 (Fed. Cir. 1984). Our obviousness” slip op. at 52
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“lexicographical, we agree with the parties that “mainframe” is not limited to a single weldment. Pet. Init. CC Br. 1; PO Init. CC Br. 1–2. Instead, a single-weldment “mainframe” is merely one disclosed embodiment. See Pet. Init. CC Br. 3 (stating that “by including the term ‘generally’ in a statement, the feature (i.e., single weldment) is expressly identified as merely included in some, but not all embodiments”); PO Init. CC Br. 3 (“This language is merely exemplary, using reference numerals to refer to the embodiment’s features and qualifying ‘single weldment’ as referring ‘generally’ to specific embodiments.”). The Iowa District Court reached the same conclusion. See Ex. 1020 at 4 (holding that “‘mainframe’ will be given its plain and ordinary meaning and does not require a single weldment” (emphasis added)), cited at Pet. Init. CC Br. 2; see also 37 C.F.R. § 42.100(b) (“Any prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission, that is timely made of record in the inter partes review proceeding will be considered.”). Turning to the prosecution history, neither Petitioner nor Patent Owner has highlighted any specific statements that impact the scope of the term “mainframe.” And from our independent review, we do not discern any such statements. For these reasons, the intrinsic evidence as a whole supports construing “mainframe” as a primary supporting structure.” slip op. at 33
- ExcludeMotion to exclude, grantedMotion to exclude, deniedMixed
“2. Analysis “The moving party has the burden of proof to establish that it is entitled to the requested relief.” 37 C.F.R. § 42.20. a. Exhibits 1005, 1006, and 1014 Exhibit 1005 is an English language translation of Korean Patent No. 10-1041996. Exhibit 1006 is an English language translation of Japanese document JP2004-17705A. Exhibit 1014 is an English language translation of Korean Patent No. 10-1023528. A Certification of Translation signed by Takashi Maeshiro of HC Language Solutions, Inc., accompanies each of Exhibits 1005, 1006, and 1014. Ex. 1005 at 28; Ex. 1006 at 16; Ex. 1014 at 16. Each Certification of Translation is worded substantially the same except for the references to the document at issue and the source language being either Korean or Japanese. Exhibit 1005’s Certification of Translation, for example, states: I, Takashi Maeshiro, on behalf of HC Language Solutions, Inc., do solemnly and sincerely declare, to the best of my knowledge and belief, that the attached text represents a translation of Korean Patent No. 10-1041996, that the translation was performed by HC Language Solutions, Inc., and that the translation represents a true, correct, and faithful translation from Korean to English in a form that reflects the intention and meaning of the original text. I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code. Ex. 1005 at 28 (emphasis added). Patent Owner argues that the Certifications of Translation do not” slip op. at 18
Patent outcomesUS 9,975,750 mixedClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 9,975,750 - Bazooka-Farmstar, LLC v. Nuhn Industries Ltd.All claims unpatentablePTAB · Apr 14, 2025 · IPR2024-00004 · APJ Matthew S Meyers · IPR · Final written decision
Claims 1–40 are unpatentable as obvious over Puck and Bryham; the revised contingent motion to amend proposing claims 41–80 is denied as those claims are unpatentable.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art We review the grounds of unpatentability in view of the” slip op. at 10
- Expert testimonyPatent owner expert discountedDecided for patent owner
“Mr. Nuhn states that “[t]he only conclusion I can draw from the Stutsman mechanic’s explanation is that he understood Bazooka was copying Nuhn’s patented Lagoon Crawler and felt uneasy about being involved in Bazooka’s activities.” Ex. 2083 ¶ 75. However, Mr. Nuhn’s unsubstantiated conclusion is not persuasive evidence.” slip op. at 61
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundUnpatentable
“4. Motivation to Combine Puck and Bryham Petitioner asserts that “Puck describes a cumbersome, manual process” slip op. at 39
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for patent owner
“Mr. Nuhn states that “[t]he only conclusion I can draw from the Stutsman mechanic’s explanation is that he understood Bazooka was copying Nuhn’s patented Lagoon Crawler and felt uneasy about being involved in Bazooka’s activities.” Ex. 2083 ¶ 75. However, Mr. Nuhn’s unsubstantiated conclusion is not persuasive evidence.” slip op. at 61
Patent outcomesUS 11,491,835 unpatentable§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,491,835 - Lifecore Fitness, LLC D/B/A Assault Fitness v. Woodway USA, Inc.Some claims unpatentablePTAB · Oct 24, 2024 · IPR2023-00849 · APJ Amee A Shah · IPR · Final written decision
Claims 1, 4, 7–12, 14, 17, and 21–25 are unpatentable as obvious; claims 18, 20, 26, and 27 were not shown unpatentable.
RulingsFinal written decision- Prior constructionPrior construction adoptedOther
“1. “safety device” For the ’745 patent, the District Court construed “safety device” as “a” slip op. at 20
- Skill levelOther
“B. LEVEL OF ORDINARY SKILL IN THE ART In determining the level of ordinary skill in the art, various non-” slip op. at 17
- Obviousness (§103) › Objective indicia / secondary considerationsObjective indicia no nexusNot shown unpatentable
“5. Objective Indicia of Nonobviousness a) Legal Standards Objective evidence of non-obviousness “may often be the most probative and cogent evidence in the record” and “may often establish that an invention appearing to have been obvious in light of the prior art was not.” Transocean, 699 F.3d at 1349. Thus, notwithstanding what the teachings of the prior art would have suggested to one skilled in the art, objective evidence of nonobviousness (or “secondary considerations”) may lead to a conclusion that the challenged claims would not have been obvious. In re Piasecki, 745 F.2d 1468, 1471–72 (Fed. Cir. 1984). Thus, our obviousness analysis includes consideration and weighing of Patent Owner’s indicia of nonobviousness.” slip op. at 72
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableNot shown unpatentableMixed
“cited by Petitioner, we find that on this record, Petitioner has demonstrated by a preponderance of evidence obviousness of claims 1, 4, 7–12, 14, 17, and 21–25 but has not demonstrated by a preponderance of evidence obviousness of claims 18 and 20 based on Socwell, Magid, and Sclater.” slip op. at 82
Patent outcomesUS 10,799,745 mixedClaim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 10,799,745 - Lifecore Fitness, LLC D/B/A Assault Fitness v. Woodway USA, Inc.Some claims unpatentablePTAB · Oct 22, 2024 · IPR2023-00843 · APJ Meredith C Petravick · IPR · Final written decision
Claims 30–34, 37–39, 41, 45–49, 57, and 59 are unpatentable under § 103 over Chickering, Magid, and Sclater; the remaining challenged claims were not shown unpatentable.
RulingsFinal written decision- Skill levelSkill level board ownDecided for patent owner
“We do not adopt Patent Owner’s definition of the level of ordinary skill in the art because it is overly broad. During oral argument, Patent Owner clarified that its proposed level of ordinary skill includes a person with a mechanical engineering degree and no experience in the treadmill industry. See, e.g., Tr. 73:1–6. A POSA should have some knowledge related to treadmills as the ’884 patent and the prior art all relate to the field of treadmills. See generally Exs. 1001, 1009–1013; See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). Both Petitioner and Patent Owner’s definitions encompass a person who has at least a degree in mechanical engineering degree. Pet. 5; PO Resp. 3–4. Petitioner’s definition additionally requires knowledge of exercise biomechanics, including anthropometry, and Patent Owner’s additionally requires knowledge of design, construction, testing, and operation of manual treadmills. Patent Owner argues that “any definition that requires a POSA to be a degreed engineer with ‘a demonstrated understanding of exercise biomechanics, including anthropometry’. . . — would necessarily exclude certain named inventions.” PO Sur-reply 2–3. We agree with Patent Owner that that experience and knowledge of treadmills is require, but the knowledge of exercise biomechanics is not. Ex. 2018 ¶ 70. Accordingly, we determine that a POSA would have a Bachelor’s of Science degree in mechanical engineering and at least one year of experience in the treadmill industry, including experience and knowledge of the design, construction, testing, and operation of manual treadmills overall.” slip op. at 12
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“1. “substantially prevent” The District Court construed “substantially prevent” as “restricts rotation to allow for only one rotational direction of movement.” Ex. 1033, 16. In this proceeding, we need not construe this claim term as there is no related dispute. 2. “safety device” For the ’884 patent, the District Court construed “safety device” as “a device that includes the elements recited [in the claims] and restricts rotation to allow for only one rotational direction of movement.” Ex. 1033, 23. Both parties indicate that we should adopt the District Court’s construction. PO Resp. 5; Pet. Reply 2. We, thus, construe “safety device” as “a device that includes the elements recited [in the claims] and restricts rotation to allow for only one rotational direction of movement We need not construe explicitly any other claim terms to reach our” slip op. at 13
- Prior constructionPrior construction adoptedDecided for patent owner
“2. “safety device” For the ’884 patent, the District Court construed “safety device” as “a device that includes the elements recited [in the claims] and restricts rotation to allow for only one rotational direction of movement.” Ex. 1033, 23. Both parties indicate that we should adopt the District Court’s construction. PO Resp. 5; Pet. Reply 2. We, thus, construe “safety device” as “a device that includes the elements recited [in the claims] and restricts rotation to allow for only one rotational direction of movement We need not construe explicitly any other claim terms to reach our” slip op. at 14
- Expert testimonyPatent owner expert discountedDecided for petitioner
“We find Patent Owner’s arguments and the testimony of Dr. Blair to be unpersuasive, because we do not agree that the claimed running surface is required to be a surface with which a runner’s feet are intended to make contact when using a treadmill. Dr. Blair testifies that “[a] POSA would understand a treadmill’s ‘running surface’ to be a surface that a runner’s feet would typically make contact when the user is running on the treadmill during normal use” and that, because a runner’s feet is not intended to contact the belt at the area where the forward rollers meet the rearward rollers, that area is not part of the running surface. Ex. 2018 ¶¶ 90–92. Dr. Blair’s testimony, however, contains no sufficient explanation to support his conclusion of what a POSA would understand by the term “running surface.” See id. ¶ 90. Further, Dr. Blair’s testimony is inconsistent with the language of claim 30. Claim 30 recites: “the running belt comprises a curved running surface.” Ex. 1001, 35:58–59. The language of claim 30 does not require the running belt’s running surface to only be portions that the runner typically or is intended to run upon. Dr. Blair’s testimony is also inconsistent with the ’884 patent which does not describe the running surface as being limited to the surface that a runner’s feet would typically make contact when the user is running on the treadmill during normal use. See generally id. The ’884 patent describes numerous examples of continuous running surfaces with a wide variety of” slip op. at 37
Patent outcomesUS 10,561,884 mixedClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,561,884 - Ravin Crossbows, LLC v. MCP IP, LLCInstitutedPTAB · Sep 12, 2024 · IPR2024-00522 · APJ Arthur M Peslak · IPR · Institution
The Board instituted IPR on claims 1–4 and 7–19 based on Darlington and Islas, finding a reasonable likelihood that at least one challenged claim is unpatentable.
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.”” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“would have had (i) a Bachelor of Science degree in mechanical engineering, materials science, or a similar technical field; (ii) a working knowledge of and/or experience with projectile weapon (e.g., archery bow) operation and performance; and (iii) two to four years of experience with designing and manufacturing of consumer products. Pet. 3–4 (citing Ex. 1003 at ¶¶ 25–28). Patent Owner does not challenge Petitioner’s definition. See generally Prelim. Resp. For the purposes of this Decision, we apply Petitioner’s uncontested definition because it appears consistent with the problems addressed in the ’989 patent and the prior art.” slip op. at 12
- Expert testimonyPetitioner expert creditedPatent owner expert discountedMixed
“contemporaneous knowledge of the activities of Mr. McPherson in or around 2008 or the bows that are pictured in Exhibits 2002 and 2003. See generally Ex. 2007. Rather, Dr. Reinholtz testifies “that the 2009 model year Mission Menace bow and the 2009 Mathews McPherson Series Monster bow embodied the claim limitations of the ’989 patent” based on his comparison of the disclosure in the Krenz articles “to the claims of the ’989 patent . . . from the perspective of a” person of ordinary skill in the art. Id. ¶ 32. Due his lack of personal contemporaneous knowledge, his testimony cannot corroborate Mr. McPherson’s testimony concerning reduction to practice and we give it no weight in that regard.13 We turn first to the Krenz articles. Mr. Ozanne14 holds the position of” slip op. at 21
- Novelty / Anticipation (§102) › Priority / effective filing date / continuation supportPriority date, deniedDecided for petitioner
“reduction to practice, the applicant must have: (1) constructed an embodiment or performed a process that met all the limitations of the claim and (2) determined that the invention would work for its intended purpose.” Steed, 802 F.3d at 1318. “That is, to reduce any particular claim to practice, the applicant must have constructed an operational embodiment within the scope of that claim.” Nintendo of America Inc. v. iLife Technologies, Inc., 717 Fed. Appx. 996 (Fed. Cir. 2017) (addressing Steed’s above, two-prong standard). The Board may find an actual reduction to practice based on, for example, “testimony of the inventors, corroborating witnesses, and corroborating documentary evidence” (id. at 1002) if “[t]his evidence, taken together, is sufficient for a reasonable mind to conclude that the prototype created by the inventors . . . was within the scope of claims . . . and would work for its intended purpose” (id. at 1003). But if “[t]he prototype has not been shown to meet all the limitations of the[] claims, . . . the record thus lacks evidence sufficient to support the . . . conclusion [of an actual reduction to practice].” Id. at 1004 (citing Steed, 802 F.3d at 1318). “[A]n inventor’s testimony alone is insufficient to establish an earlier reduction to practice. Medichem[, S.A. v. Rolabo, S.L.], 437 F.3d [1157,] 1169–71.” “In the final analysis, each corroboration case must be decided on its own facts with a view to deciding whether the evidence as a whole is persuasive.” Cooper v. Goldfarb, 154 F.3d 1321, 1331 (Fed. Cir. 1998) (quoting Berges v. Gottstein, 618 F.2d 771, 776 (C.C.P.A. 1980)).” slip op. at 20
§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,683,989 - Valve Corporation v. Ironburg Inventions Ltd.Some claims unpatentablePTAB · Jan 26, 2023 · IPR2017-01928 · APJ Mitchell G Weatherly · IPR · Remand
Claims 1, 2, 9, 11–17, and 21–24 are unpatentable over Burns with Uy or AlphaGrip; claim 10 was not shown unpatentable because Burns does not teach detachable paddles.
RulingsRemand decision- RemandOther
“rendered claims 3–8 and 18–20 unpatentable. Valve, 8 F.4th at 1381. The Federal Circuit reversed our determination that Burns was not prior art. Id. at 1381. The Federal Circuit also vacated our determination that Valve had failed to prove that collectively claims 1, 2, 9–17, and 21–24 were unpatentable as obvious in view of Burns in combination with either Uy or AlphaGrip. Id. Accordingly, the Federal Circuit remanded the case to us to consider Valve’s challenges to the patentability of claims 1, 2, 9–17, and 21–24 of the ’229 patent as obvious based on the combinations of prior art listed in the table below. Claims6 35 U.S.C. § References 1, 2, 9, 10, 14–17, 21–24 103 Burns, Uy 1, 2, 9–17, 21, 22 103 Burns, AlphaGrip Id. C. Remand Background On remand, we authorized the parties to concurrently file an opening brief and then concurrently file responsive reply briefs. Paper 44, 4. The parties agreed, and we concurred, that no new evidence would be submitted during the remand proceeding. Id. at 3. Accordingly, we decide the issues on remand based on the record that was submitted during the original trial.” slip op. at 4
- Skill levelSkill level petitioner adoptedDecided for petitioner
“understanding of a person of ordinary skill in the art at the time of the invention. Graham, 383 U.S. at 17. Valve contends that the ordinarily skilled artisan would have: a bachelor’s degree in an industrial design or engineering field, and approximately two years of relevant experience, for example. Alternatively, the same or an equivalent level of skill in the art could be obtained by end users or hobbyists who have substantial experience modifying or creating customized game controllers that include features to better suit their needs, even without any college education. Pet. 10 (citing Ex. 1009 ¶ 11). Ironburg, without expressly defining the level of ordinary skill, contends that a college degree of the type identified by Valve is not required. See Supp. PO Resp. 4–6. Ironburg notes that the level of ordinary skill is “relatively low” and the technology involved “is simple and straightforward.” Id. at 4 (citing Ex. 2016 ¶ 21). Ironburg’s contentions regarding the level of ordinary skill are consistent with Valve’s position, id. at 6, which we apply in our analysis. D. Whether AlphaGrip Is a Prior Art Printed Publication” slip op. at 11
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner
“We find Ironburg’s critique of Mr. Willner’s testimony unavailing. Valve persuasively responds that Mr. Willner testifies that he personally recalls reviewing AlphaGrip on the internet during 2006, which significantly predates the filing of the oldest application in the priority chain of the ’229 patent, May 22, 2013, by at least six years. Compare Ex. 1009 ¶ 3 (testifying that online publication of AlphaGrip happened in 2006), with Ex. 1001, code (60) (identifying provisional application filed May 22, 2013, as earliest-filed priority application). Mr. Willner testifies that he is the inventor and designer of the controller that is reviewed in AlphaGrip, which we find to qualify him as an ordinarily skilled artisan. Ex. 1009 ¶¶ 1–3. Besides expressly testifying that he viewed AlphaGrip online during 2006, Mr. Willner also testifies in some detail about his recollection of his interactions with the author of AlphaGrip, Ryan Paul, and the events surrounding the publication of Mr. Paul’s review on Arstechnica’s website. Id. ¶¶ 4–5. Mr. Willner also reviews the version of AlphaGrip that Valve submitted as prior art and testifies that it is a true and correct copy of the review that he remembers seeing online during 2006. Id. ¶¶ 6–7. We find Mr. Willner’s testimony to be reliable in part because he recalls being “delighted” by the praise Mr. Paul lavished on the AlphaGrip controller. Id. ¶ 8. The publication of AlphaGrip marked an important event for Mr. Willner’s company. Mr. Willner states that he immediately posted a link on his own company’s website to Arstechnica’s AlphaGrip review in 2006, and his company maintains the link to Arstechnica’s review of AlphaGrip “to this day.” Id. We find that all these facts increase the probative value of Mr. Willner’s testimony on the issue of whether AlphaGrip was published and could easily have been found by interested persons during 2006. Although Mr. Willner may not have been a webpage manager for Arstechnica or be able to testify about precisely how many people accessed AlphaGrip in 2006, we find his testimony, as one of skill in the art himself to be compelling. Not only has Ironburg failed to refute any of Mr. Willner’s testimony with countervailing evidence, Ironburg did not cross-examine Mr. Willner to test his memory of the specific events set forth in his testimony. See PO Resp. 16–18 (failing to provide countervailing evidence or cite cross examination testimony).” slip op. at 12
- ExcludeMotion to exclude, deniedMixed
“We also disagree with Ironburg that we should exclude as hearsay or irrelevant Dr. Rempel’s testimony on how flexible the Burns’ paddles were or the extensive body of objective evidence cited and relied upon by him to support his testimony.9 Mot. 12–13. To the contrary, we agree with Valve that Dr. Rempel may properly rely upon the cited exhibits even if they would otherwise be inadmissible hearsay because they constitute the types of information upon which an expert would reasonably rely under Fed. R. Evid. 703. Opp. 10. Accordingly, we deny-in-part the Motion to the extent that it seeks to strike or exclude testimony in Dr. Rempel’s second declaration or Exhibits 1020, 1025, 1026, 1031, 1036, 1042 cited by Dr. Rempel in support of his analysis.” slip op. at 18
Patent outcomesUS 9,352,229 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · GrahamPatents in suitUS 9,352,229 - MG Freesites Ltd v. Scorpcast, LLCSome claims unpatentablePTAB · Aug 3, 2022 · IPR2021-00510 · APJ Arthur M Peslak · IPR · Final written decision
Claims 1, 9–11, 18–20, 22, 26, and 27 are unpatentable; claims 13 and 24 are not shown unpatentable, principally because the asserted references fail to disclose the claimed navigation sequence.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner contends that a skilled artisan “would have had a Bachelor’s degree in Electrical Engineering, Computer Engineering, or Computer Science (or equivalent) plus approximately two years of work experience with technologies relating to content annotation and/or content sharing among multiple users.” Pet. 17 (citing Ex. 1002 ¶¶ 1–33). Patent Owner does not dispute Petitioner’s level of ordinary skill in the art. See PO Resp. 10. We apply Petitioner’s proposed level of ordinary skill in the art because it comports with the level of skill reflected in the ’063 patent and the prior art of record.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“C. Claim Construction We apply the same claim construction standard used by Article III federal courts and the International Trade Commission, both of which follow Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), and its progeny. 37 C.F.R. § 42.100(b). Accordingly, we construe each challenged claim of the ’063 patent to generally be “the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent.” Id.” slip op. at 9
- Novelty / Anticipation (§102) › Priority / effective filing date / continuation supportPriority date, deniedDecided for petitioner
“Analysis Legal Standard for Corroborating Conception “Conception is a question of law predicated on subsidiary factual findings, one of which is the sufficiency of corroboration.” Apator Miitors ApS v. Kamstrup AS, 887 F.3d 1293, 1295 (Fed. Cir. 2018). We not reach the question of whether co-inventors Mr. Sreenath and Mr. Avedissian conceived of the claimed invention prior to June 4, 2009 unless “there is sufficient corroboration.” Kolcraft Enter., Inc. v. Graco Child.’s Prods., conception must be corroborated by other, independent information.” Id. (citations omitted). We examine all pertinent evidence under a rule of reason analysis “to determine whether the inventor’s testimony is credible.” Id. “Even under the ‘rule of reason’ analysis, however, the evidence of corroboration must not depend solely on the inventor himself.” Apator, 887 F.3d at 1295.” slip op. at 12
- Expert testimonyPetitioner expert creditedDecided for petitioner
“Petitioner supports its position that the display of the first and second images in Geer changes from the first segment to the second segment with the testimony of Dr. Porter. Ex. 1002 ¶ 185. Dr. Porter testifies that “when video playback is of the first video segment (e.g., corresponding to the first advertisement), the first image (e.g., image of MP3 player) is displayed both as product icon 312a and within the displayed advertisement, whereas the second image (e.g., image of sunglasses) is displayed only as product icon 312b.” Id. Dr. Porter further testifies that “[w]hen video playback is of the second video segment (e.g., corresponding to the second advertisement), the first image is displayed only as product icon 312a, whereas the second image is displayed both as product icon 312b and within the displayed advertisement.” Id. ¶ 186 (citing Ex. 1005 ¶¶ 47–48, Figs. 3A–3C). Dr. Porter also points to the text of paragraph 47 of Geer that “pop-out window contains a more detailed description of the product represented by the first ¶ 185 (quoting Ex. 1005 ¶ 47). We find that Dr. Porter’s testimony is entitled to substantial weight because it is focused on the actual claim language concerning the “display” of the first image and second image and is supported by the disclosure of Geer. In particular, he explains how the display of the product icons changes and the fact that a larger picture of the product appears when the icon is selected is particularly probative of a change in the “display” of the first image and the second image. This testimony is confirmed by Figures 3B and 3C. In Figure 3B, the sunglasses are displayed only as a small image in scrubber bar 306. In Figure 3C, the sunglasses are displayed both as a small image in scrubber bar 306 and as a larger image in the pop-out window 316. We credit Dr. Porter’s testimony over that of Dr. Valerdi because Dr. Valerdi’s testimony focuses on the images of product icons in the scrubber area, not on the display of the images.” slip op. at 59
Patent outcomesUS 9,899,063 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,899,063
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.