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  • Ipr2026-00230Institution denied
    PTAB · Jul 28, 2026 · IPR2026-00230 · APJ John A Squires · IPR · Institution

    Institution of inter partes review in IPR2026-00230 was denied because the petitioner failed to show the required likelihood of prevailing.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review is denied in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 11,824,136
  • Ipr2026-00298Instituted
    PTAB · Jul 28, 2026 · IPR2026-00298 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00298 after finding the petition met the reasonable-likelihood threshold and no non-discretionary consideration warranted denial.

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

      “the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings: IPR2026-00265 IPR2026-00285 PGR2026-00026 IPR2026-002801 IPR2026-00298 PGR2026-00030” slip op. at 2

    None
    Patents in suitUS 12,143,424
  • Ipr2026-00285Instituted
    PTAB · Jul 28, 2026 · IPR2026-00285 · APJ John A Squires · IPR · Institution

    Institution was granted in IPR2026-00285 because the petitioner met the institution threshold and no non-discretionary consideration warranted denial.

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

      “IPR2026-00230 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 10,603,183
  • Ipr2026-00280Instituted
    PTAB · Jul 28, 2026 · IPR2026-00280 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00280 after finding the petition showed a reasonable likelihood of prevailing on at least one challenged claim and no other non-discretionary consideration warranted denial.

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

      “IPR2026-00230 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings: IPR2026-00265 IPR2026-00285 PGR2026-00026 IPR2026-002801 IPR2026-00298 PGR2026-00030” slip op. at 2

    None
    Patents in suitUS 12,401,720
  • Ipr2026-00265Instituted
    PTAB · Jul 28, 2026 · IPR2026-00265 · APJ John A Squires · IPR · Institution

    Institution of IPR2026-00265 is granted because the petitioner showed a reasonable likelihood of prevailing on at least one challenged claim, with no other non-discretionary basis for denial.

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

      “IPR2026-00230 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 10,064,738
  • PTAB · Jul 28, 2026 · IPR2025-00491 · APJ Frederick C Laney · IPR · Final written decision

    Claims 1–18 are unpatentable as obvious over Beel and Dinka, with or without Christison; the Kaplan, Van de Laar, and Christison ground fails for lack of motivation to combine.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Pet. 9–10 (citing Ex. 1002 ¶¶ 36–37). “Patent Owner does not dispute Petitioner’s proposed level of skill in the art.” PO Resp. 6. On the complete record, we adopt Petitioner’s proposed definition of a person of ordinary skill in the pertinent art, as it is consistent with the ’972 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 neededPlain and ordinary meaningDecided for patent owner

      “Rather than addressing Petitioner’s proposals, Patent Owner states “the claims of the ’972 Patent require no construction as they are valid under their plain and ordinary meaning.” PO Resp. 6. Our decision in this matter does not turn on resolving any particular differences between the parties’ constructions. Therefore, because only those terms in controversy need to be construed, and only to the extent necessary to resolve the controversy, we determine that no claim term requires express construction in this proceeding and that the ordinary and customary meaning of the claim terms apply. See Realtime Data LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019).” slip op. at 11

    • Expert testimonyPatent owner expert discountedDecided for petitioner

      “device. The ’972 patent expressly defines endpoints broadly “as data sources or sinks.” Ex. 1001, 7:64–67. And the ’972 patent admits that Beel’s Figure 11 discloses the same endpoints depicted in the ’972 patent’s own Figure 4. Id. at 4:28–33, 16:44–67. Beel’s Figure 11 and accompanying description disclose a “[m]ass storage device 12,” a “USB audio device 14,” and a “USB HID device 13” on the peripheral device. Ex. 1005, Fig. 11, ¶¶ 320–323. Patent Owner’s own declarant conceded that a mass storage device is “a type of endpoint” (Ex. 1034, 43:19–21), and that “audio devices are endpoints” (id. at 57:5–61:4). We give reduced weight to Patent Owner’s contrary position to the extent it rests on the premise that a reference cannot disclose an endpoint unless it uses the word “endpoint” (Ex. 2030 ¶ 94; Ex. 1034, 43:19–44:16, 72:18–73:12); a premise that is inconsistent with the ’972 patent’s own broad definition and with the ’972 patent’s admission regarding Beel’s Figure 11. As additional support not separately emphasized by the parties in this connection, we note Dr. Almeroth’s technical explanation that, for data to pass from a functional device to a peripheral device, “both the functional device and the peripheral device must have ‘endpoints’”—a data source and a data sink—reasoning consistent with the ’972 patent’s definition. Ex. 1002 ¶ 125.” slip op. at 27

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

      “First, we agree with Patent Owner that, under the ordinary meaning of the claim language, the endpoint is an endpoint of the peripheral device, and that it must be “a data source or a data sink which is able to store or emit data, of the functional device exposed or made available on the first peripheral device.” Ex. 1001, 23:11–17. The limitation thus identifies a structure—an endpoint, residing on the peripheral device, that is a source or sink and that corresponds to (is “of”) the functional device—through which the communication recited in subsequent element (g) is carried out. By its terms, it imposes no requirement as to the direction in which data flows; it requires only that the endpoint be a data “source” or a data “sink” that is able to “store or emit” data. The operative transmit-and-receive communication “from the functional device to the processing device via the . . . endpoint” is recited in subsequent element (g), which we take up separately below. The disputed question under this limitation is therefore the structural one: whether Beel discloses, on the peripheral device, an endpoint that is “of the functional device.” Because the inquiry is structural and non-directional, we are not persuaded that the audio-out orientation of Beel’s described embodiment, on which Patent Owner relies, is dispositive of this limitation. device. The ’972 patent expressly defines endpoints broadly “as data sources or sinks.” Ex. 1001, 7:64–67. And the ’972 patent admits that Beel’s Figure 11 discloses the same endpoints depicted in the ’972 patent’s own Figure 4. Id. at 4:28–33, 16:44–67. Beel’s Figure 11 and accompanying description disclose a “[m]ass storage device 12,” a “USB audio device 14,” and a “USB HID device 13” on the peripheral device. Ex. 1005, Fig. 11, ¶¶ 320–323. Patent Owner’s own declarant conceded that a mass storage device is “a type of endpoint” (Ex. 1034, 43:19–21), and that “audio devices are endpoints” (id. at 57:5–61:4). We give reduced weight to Patent Owner’s contrary position to the extent it rests on the premise that a reference cannot disclose an endpoint unless it uses the word “endpoint” (Ex. 2030 ¶ 94; Ex. 1034, 43:19–44:16, 72:18–73:12); a premise that is inconsistent with the ’972 patent’s own broad definition and with the ’972 patent’s admission regarding Beel’s Figure 11. As additional support not separately emphasized by the parties in this connection, we note Dr. Almeroth’s technical explanation that, for data to pass from a functional device to a peripheral device, “both the functional device and the peripheral device must have ‘endpoints’”—a data source and a data sink—reasoning consistent with the ’972 patent’s definition. Ex. 1002 ¶ 125. Third, we find that the endpoint Beel discloses is a data source or a data sink that is “able to store or emit data, of the functional device.” We begin with the words of the limitation. The endpoint need only be “able to store or emit data”—language of capability, not a requirement that particular data actually traverse the endpoint in operation, and still less in a particular direction. And the endpoint is defined by the character of the data it handles: it is “a data source or a data sink,” which the ’972 patent instructs An audio endpoint, so understood, is characterized as an audio source or sink; its structure is not tied to any single instance of an audio device. On that understanding, Beel’s disclosure establishes the required capability directly. Beel discloses that “audio data is captured through a virtual sound card interface added as a logical device over the physical interface provided in the peripheral device,” Ex. 1005 ¶ 43, that the peripheral device “acts as a composite device comprising for instance a (virtual) audio speaker device,” id. ¶ 317, and that “audio data is captured at this interface . . . internally in the peripheral device 32” and streamed over the communications network, id. ¶ 319. Beel thus shows the endpoint on the peripheral device actually storing and emitting audio—and, correspondingly, video—data, which is the very type of data produced and consumed by the audio/visual functional devices connected to the base unit, including the microphones, cameras, speakers, and displays. Id. ¶ 120. An endpoint shown to store or emit audio and video data is necessarily one that is “able to store or emit” such data; the capability the limitation requires is thus established by Beel’s disclosure.” slip op. at 26

    Patent outcomesUS 10,684,972 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,684,972
  • PTAB · Jul 27, 2026 · IPR2025-00308 · APJ Aaron W Moore · IPR · Final written decision

    The Board held claim 1 unpatentable as obvious over Darnell and Kim, and over Dasgupta and Darnell; Judge Moore dissented as to the Dasgupta and Kim ground.

    RulingsFinal written decision
    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Decided for patent owner

      “2. “Real Time” – The Parties’ Positions In the preliminary phase of this proceeding, the principal claim term” slip op. at 9

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

      “1. Rationale to Combine Darnell and Kim Petitioner contends that “Darnell and Kim address similar problems of” slip op. at 35

    • Expert testimonyOther

      “form of storage or minimal time delay, and Patent Owner concedes as much in this proceeding. See, e.g., Ex. 1082, 125:19–22, 126:3–10; Tr. 41:26– 42:14, 53:20–25. Accordingly, the mere fact that Darnell’s system may aggregate content feeds or content items on a server, merge content, store content, and then deliver content to a user interface, does not preclude it from being done in “real time” as that term would be understood by a person of ordinary skill in the art reading the ’654 patent in its entirety.” slip op. at 48

    Patent outcomesUS 10,334,068 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,334,068
  • PTAB · Jul 27, 2026 · IPR2025-00307 · APJ Kevin C Trock · IPR · Final written decision

    Claims 1–18 are unpatentable: the majority finds them obvious over the asserted prior-art combinations, including Darnell and Kim and Dasgupta-based combinations.

    RulingsFinal written decision
    • BurdenFwd all claims unpatentableUnpatentable

      “§ 6. This Final Written Decision issues pursuant to 35 U.S.C. § 318(a) (2018) and 37 C.F.R. § 42.73 (2019). For the reasons discussed herein, we determine that Petitioner, Twitch Interactive, Inc., has shown by a preponderance of the evidence that claims 1–18 (the “challenged claims”) of U.S. Patent No. 9,729,658 B2 (Ex. 1001, “the ’658 patent”) are unpatentable. See 35 U.S.C. § 316(e) (2018); 37 C.F.R. § 42.1(d) (2019).” slip op. at 2

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningDecided for petitioner

      “2. “Real Time” – The Parties’ Positions In the preliminary phase of this proceeding, the principal claim term” slip op. at 10

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

      “1. Rationale to Combine Darnell and Kim Petitioner contends that “Darnell and Kim address similar problems of” slip op. at 37

    Patent outcomesUS 9,729,658 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 9,729,658
  • PTAB · Jul 27, 2026 · IPR2025-00565 · APJ Michael R Zecher · IPR · Final written decision

    Claims 1–5 are unpatentable because Amazon showed they are anticipated by Shin; the Board did not reach Amazon’s contingent obviousness ground over Shin.

    RulingsFinal written decision
    • BurdenOther

      “Written Decision under 35 U.S.C. § 318(a) as to the patentability of claims 1–5 of the ’337 patent. For the reasons we identify below, we hold that Amazon has demonstrated by a preponderance of the evidence that these claims are unpatentable.” slip op. at 2

    • Skill levelOther

      “2. Level of Skill in the Art In determining whether an invention would have been obvious, we” slip op. at 18

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

      “1. Principles of Law To establish anticipation, “all of the elements and limitations of the” slip op. at 17

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

      “1. Principles of Law To establish anticipation, “all of the elements and limitations of the” slip op. at 17

    Patent outcomesUS 11,069,337 unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites KSR · Graham
    Patents in suitUS 11,069,337
  • PTAB · Jul 27, 2026 · IPR2025-01570 · APJ Monica S Ullagaddi · IPR · Final written decision

    The majority held claims 1–19 not shown unpatentable: Wang did not anticipate claims 1–10, and Wang with Xiong did not render claims 11–19 obvious.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedOther

      “field of the ’690 Patent would have had at least (1) an undergraduate degree in electrical engineering, computer engineering, computer science, or a comparable field of study and (2) at least two years of experience with optical data communications or a comparable field of work.” Pet. 14 (citing Ex. 1003 ¶ 22). Petitioner also states that “[i]ndividuals having different educational backgrounds and supplemental experience might still be of ordinary skill in the art if such experience compensates for any deficiencies in education relative to the criteria stated above” and “[i]n some cases, additional education might be an acceptable substitute for some experience, or vice versa.” Id. Patent Owner does not dispute Petitioner’s characterization of the level of skill in the art. See e.g., PO Resp. 9. We adopt Petitioner’s unopposed definition of the level of ordinary skill in the art as it appears consistent with the disclosures of the ’690 patent and the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7

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

      “Patent is self-explanatory and would have been recognized by a [person of ordinary skill in the art] as having plain and ordinary meanings.” Pet. 10. “Petitioner submits that no special constructions are required” because “the claim terms appear understandable in the context of the disclosure provided by the specification of the ’690 Patent.” Id. (citing Ex. 1003 ¶ 58). Patent Owner “agrees that the claim terms should be given their plain and ordinary meaning as understood by a [person of ordinary skill in the art].” PO Resp. 10. After reviewing the arguments and evidence before us, we determine that we do not need to expressly construe any claim term to resolve any controversy in the proceeding. 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 8

    • BurdenNot shown unpatentable

      “Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard. For the foregoing reasons, we are not persuaded that Petitioner sufficiently establishes that claim 1 is unpatentable under 35 U.S.C. § 102 as anticipated by Wang by a preponderance of the evidence.” slip op. at 13

    • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable

      “Wang discloses that “the isolator 100 is bonded to the substrate by means of an adhesive” in which “[t]he adhesive is not only used to fix the isolator 100 to the substrate, but also fills a gap between the isolator 100 and the substrate to improve the installation accuracy of the isolator 100.” Ex. 1006 ¶ 41 (emphasis added). Petitioner does not explain how filling in a gap between the isolator 100 and a substrate necessarily results in “each of the plurality of optical isolators [being] disposed substantially in parallel relative to each other,” as recited in claim 1. The cited portion in paragraph 43 references Figures 5 and 6, which depict Embodiment 1 of Wang and are reproduced below. Figures 5 and 6 of Wang depict isolators 100, base 311, and baffles 312. Although paragraph 44 of Wang states that “[t]he substrate includes a base 311, and baffles 312 and isolators 100 sequentially disposed on the base 311,” Petitioner does not sufficiently persuade us how Wang’s disclosure “sequentially disposed” isolators necessarily discloses that the isolators are “disposed substantially in parallel relative to each other” as recited in independent claim 1. Ex. 1006 ¶ 44. Although the cited portion in Figure 6 of Wang apparently shows a possibly parallel arrangement of Petitioner cites to Dr. Kirk’s Declaration, but Dr. Kirk does not opine on why cited portions of Wang necessarily disclose or depict the claimed “disposed substantially in parallel relative to each other” requirement. Ex. 1003 ¶¶ 73, 74; Ex. 1006 ¶¶ 41, 43, Figs. 6, 8, 10. At best, Dr. Kirk testifies that “a POSITA would have understood that Wang anticipates Claim 1.” Ex. 1003 ¶ 75. Also relevant to our analysis is that this is an anticipation ground and Petitioner is required to show that the reference discloses not only the elements of the claimed invention, but also discloses those elements as arranged in the claim. Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1371 (Fed. Cir. 2008). Although our Institution Decision concluded that Petitioner had demonstrated a reasonable likelihood of prevailing with respect to its anticipation challenge to independent claim 1 applying Wang (Inst. Dec. 6), at this stage of the proceeding we are required to evaluate Petitioner’s challenges under a higher standard, the preponderance of evidence standard.” slip op. at 12

    Patent outcomesUS 10,788,690 not shown unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,788,690

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.