- PTAB · Feb 22, 2016 · IPR2015-01457 · APJ Jameson Lee · IPR · Rehearing
Petitioner’s rehearing request was granted, adding claims 8–10 to trial under § 103 grounds over Ejzak and Intel, and Ejzak and Cisco.
RulingsRehearing decision- RehearingRehearing, grantedGranted
“of claim 8 which recites: “said bypass mode data indicating a bypass mode setting for said media gateway.” In the Decision, we stated: “The reference [in Ejzak] merely to ‘policy’ is unreasonably broad and not very meaningful when the limitation pertains to the bypass setting for a particular device.” Dec. 23. We questioned whether “local policy” that may apply generally to all media gateways indicates a specific bypass setting for a particular ALG, BG, or media gateway. Id. at 22. On that basis, we concluded that Petitioner failed to provide adequate explanation on how a “local policy” satisfies the bypass mode data requirement of claim 8. Id. at 23. Petitioner identifies in its rehearing request points we misapprehended in our Decision. The Petition, as filed, adequately explains the “local policy” is specific to the local ALG. Reh. Req. 9–10. Petitioner identifies testimony of Mr. Bress, referred to in the Petition, that explain why one with ordinary skill in the art would understand “local policy” of Ejzak as local and specific to the ALG. Id. at 11 (citing ¶¶ 238–43 of Ex. 1104). We agree that on the record before us, “local policy” appears to be local to the ALG and not generally applicable to all media gateways.” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“in our Decision. The Petition, as filed, adequately explains the “local policy” is specific to the local ALG. Reh. Req. 9–10. Petitioner identifies testimony of Mr. Bress, referred to in the Petition, that explain why one with ordinary skill in the art would understand “local policy” of Ejzak as local and specific to the ALG. Id. at 11 (citing ¶¶ 238–43 of Ex. 1104). We agree that on the record before us, “local policy” appears to be local to the ALG and not generally applicable to all media gateways.” slip op. at 2
NonePatents in suitUS 8,687,640 - Milwaukee Electric Tool Corporation / Techtronic Industries Co. Ltd. et al. v. Irwin Industrial Tool CompanyRehearing grantedPTAB · Jan 15, 2016 · IPR2015-01462 · APJ Michael L Woods · IPR · Rehearing
The Board granted rehearing and instituted trial on claims 21–30 under Ground 2, as obvious over Redford, alongside the grounds previously instituted.
RulingsRehearing decision- RehearingRehearing, grantedGranted
“Specifically, Petitioner acknowledges that the Petition (Paper 2, “Petition”) included a “typo[graphical error] in the heading [that] might have caused the Board to overlook claims 21–30 in Ground 2 of the Petition.” Id. at 2–3; Paper 2, 26 (listing claims 1–5, 14–20, and 32–34 in the heading of Ground 2 of the Petition). Upon reviewing the record before us, we agree with Petitioner that the typographical error in the Petition caused us to “overlook the fact that claims 21–30 were included in Ground 2 of the Petition.” Req. Reh’g 2. Furthermore, based on our review of Petitioner’s explanations and supporting evidence, we are also persuaded that Petitioner has established a reasonable likelihood of prevailing in its challenge of claims 21–30 under Ground 2, in addition to claims 1–5, 14–20, and 32–34, as obvious over Redford. See Paper 2, 4, 26–31; see also Paper 7, 19–20 (instituting review of claims 1–5, 14–20, and 32–34 under Ground 2 in the Decision).” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Upon reviewing the record before us, we agree with Petitioner that the typographical error in the Petition caused us to “overlook the fact that claims 21–30 were included in Ground 2 of the Petition.” Req. Reh’g 2. Furthermore, based on our review of Petitioner’s explanations and supporting evidence, we are also persuaded that Petitioner has established a reasonable likelihood of prevailing in its challenge of claims 21–30 under Ground 2, in addition to claims 1–5, 14–20, and 32–34, as obvious over Redford. See Paper 2, 4, 26–31; see also Paper 7, 19–20 (instituting review of claims 1–5, 14–20, and 32–34 under Ground 2 in the Decision).” slip op. at 2
NonePatents in suitUS 8,579,555 - PTAB · Feb 2, 2015 · IPR2014-00221 · APJ Jameson Lee · IPR · Rehearing
The Board granted rehearing to the extent that Patent Owner may file a revised motion to exclude with the improper material removed.
RulingsRehearing decision- RehearingRehearing, grantedGranted in part
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
- ExcludeMotion to exclude, grantedGranted in part
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
NonePatents in suitUS 7,991,522 - PTAB · Feb 2, 2015 · IPR2014-00222 · APJ Jameson Lee · IPR · Rehearing
The Board granted rehearing to the extent that Magna may file a revised motion to exclude with the improper material removed.
RulingsRehearing decision- RehearingRehearing, grantedGranted in part
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
- ExcludeMotion to exclude, grantedGranted in part
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
- Strike new argumentNew argument disregardedDecided for patent owner
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing. In the interest of avoiding further confusion and non-compliance, a joint telephone conference call will be held to confirm precisely what content will be removed from the Revised Motion to Exclude, what revised opposition will be filed by Petitioner, and what revised reply will be filed by Patent Owner.” slip op. at 3
NonePatents in suitUS 8,386,114 - PTAB · Feb 2, 2015 · IPR2014-00220 · APJ Jameson Lee · IPR · Rehearing
The Board granted rehearing to allow the Patent Owner to file a revised motion to exclude with improper material removed.
RulingsRehearing decision- RehearingRehearing, grantedGranted in part
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
- ExcludeMotion to exclude, grantedGranted
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
NonePatents in suitUS 7,859,565 - PTAB · Feb 2, 2015 · IPR2014-00227 · APJ Jameson Lee · IPR · Rehearing
The Board granted rehearing to the extent that Magna may file a revised motion to exclude with the improper material removed.
RulingsRehearing decision- RehearingRehearing, grantedGranted in part
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
- ExcludeMotion to exclude, grantedGranted in part
“We are unpersuaded that Patent Owner’s Motion to Exclude complied with the Order dated June 20, 2014. Even as characterized in the Rehearing Request, the Motion to Exclude indisputably contained arguments alleging that Petitioner’s Reply was beyond the proper scope of a reply, and not just arguments directed solely to the evidence in support of the Reply. Nevertheless, Patent Owner’s explanation is sufficient to justify an opportunity for the Patent Owner to file a Revised Motion to Exclude, which would be the same as the Motion to Exclude but with the inappropriate material removed, as Patent Owner has offered in the Request for Rehearing.” slip op. at 3
NonePatents in suitUS 7,877,175
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.