• Meta Platforms, Inc. v. Sitnet, LLCAll claims unpatentable
  PTAB · Sep 8, 2025 · IPR2024-00612 · APJ Kara L Szpondowski · IPR · Final written decision

  Claims 12–21 are unpatentable: claims 12, 14–19, and 21 as obvious over Amidon and Walsh; claim 13 with Shahine; and claim 20 with Shahine and Jones.

  RulingsFinal written decision

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

    “proposed constructions, and determined that “event node” does not need construction. Ex. 2007, 5. In the Institution Decision, we agreed with the District Court that “event node” does not need construction, and we continue to do so here. See Inst. Dec. 11–12. As Patent Owner acknowledges, independent claim 12 recites “establishing an event node for the situation in a multi-dimensional personal information network.” PO Resp. 1. Claim 12 further recites “automatically connecting personal information aggregators corresponding to a plurality of individuals to the event node” and “aggregating information related to the situation received from the personal information aggregators connected through the situational network.” Ex. 1001, 33:54–56, 34:1–3 (emphasis added). In other words, the claim language itself provides sufficient meaning for the term “event node” and further construction is not necessary.9” slip op. at 12

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

    “Patent Owner’s argument that Amidon’s social network conference merely comprises a group of individuals communicating with each other so it cannot be an event node does not take into account that Amidon’s social network conference is also defined by a data structure, such as the data structure shown in Figure 3. See PO Resp. 4–7; Pet. 16; Reply 7–8. The parties do not dispute that Amidon’s social network conference is defined by a data structure. PO Resp. 8–10 (e.g., “Fig. 3 shows a database entry for a conference.”); Reply 13. We find persuasive Petitioner’s argument that the social network conference “is an element created in Amidon’s network that facilitates communication between a group of individuals, defined by data.” Reply 8–9; see also id. at 13–14.” slip op. at 25

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “Patent Owner does not challenge Petitioner’s definition. See generally PO Resp. In our Institution Decision, we adopted Petitioner’s proposed definition, finding it to be reasonable and commensurate with the problems and solutions disclosed in the prior art. Inst. Dec. 8–9. We continue to do so here.” slip op. at 10

  Patent outcomesUS 8,249,932 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 8,249,932
• Meta Platforms, Inc. v. Sitnet, LLCAll claims unpatentable
  PTAB · Sep 8, 2025 · IPR2024-00531 · APJ Thu A Dang · IPR · Final written decision

  Claims 1–20 are unpatentable as obvious over Burfeind and Crowley; the Board did not reach the Smith/Sinha or Smith/Sinha/Gage grounds.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “Relying on the Declaration of Dr. Cooperstock, Petitioner contends that a person of ordinary skill in the art (POSITA) at the time of the invention of the ’682 patent would have had a bachelor’s degree in Computer or Electrical Engineering or equivalent discipline, and approximately two years’ experience in telecommunications or computer networking, whereby additional education could substitute for professional 6 U.S. Patent Appl. Publication No. 2008/0139165 A1, published June 12, 2008, filed December 11, 2006 (Ex. 1009, “Gage”). experience, and significant work experience could substitute for formal education. Pet. 13 (citing Ex. 1003 ¶¶ 62–63). We adopt Petitioner’s assessment of the level of a person of ordinary skill in the art because it is consistent with the problems addressed in the ’682 patent and the prior art. See Okajima, 261 F.3d at 1354–55 (holding that absent evidence to the contrary, “the prior art itself [may] reflect[] an appropriate level” of ordinary skill in the art).” slip op. at 10

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

    “B. Claim Construction We construe each claim “in accordance with 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.” 37 C.F.R. § 42.100(b) (2020). Under this standard, claim terms are generally given their plain and ordinary meaning as would have been understood by a POSITA at the time of the invention and in the context of the entire patent disclosure. See Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc). In the Decision on Institution, we determined that no terms of the challenged claims require explicit construction.7 We discern no reason to further discuss construction of any claim terms in this Final Written Decision.” slip op. at 11

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

    “would have found it obvious to combine the teachings of Burfeind and Crowley (Pet. 15–22), citing Dr. Cooperstock’s supporting testimony (Ex. 1003). In particular, Petitioner posits that a POSITA would have sought references for improving upon “Burfeind’s burdensome and imprecise manual participant selection process,” wherein Crowley is such a reference. Pet. 17–18 (citing Ex. 1005, Abstract, ¶¶ 4, 7–8, 45; Ex. 1003 ¶¶ 81–82). Petitioner contends that Crowley’s system provides numerous advantages, such as “enabling ‘spontaneous socializing’ and ‘convenient communication among friends,’” and “help[s] avoid the problem of friends who were out near each other, but never realized it until later.” Id. at 18–19 (citing Ex. 1005 ¶¶ 6, 35). According to Petitioner, “Crowley thus provides express motivation for implementing its location-based features in Burfeind.” Id. at 19 (citing Ex. 1003 ¶¶ 84–86). Petitioner further contends that a POSITA would have a reasonable expectation of success in implementing the features of Crowley in Burfeind. Pet. 19 (citing Ex. 1003 ¶ 89–92). In particular, a POSITA would have readily been able to adapt Crowley’s location-tracking features “to identify user locations for the purpose of inviting individuals who are located near the event location.” Id. (citing Ex. 1003 ¶¶ 89–90). According to Petitioner, Burfeind and Crowley disclose similar systems for organizing meetings between individuals (id. at 22 (citing Ex. 1004, Abstract; Ex. 1005 ¶ 5)), and because Burfeind “already contemplates techniques for grouping individuals in order to more conveniently select those individuals,” a POSITA “would have thus readily been able to modify Burfeind to determine the event organizer’s contacts that are located proximate to selected event venue.” Id. at 21–22 (citing Ex. 1003 ¶¶ 89–92). Thus, according to Petitioner, the POSITA: would have understood that implementing Crowley’s techniques in Burfeind would merely amount to the use of a known technique (Crowley’s location-based messaging) to improve similar systems in the same way (enabling the system to automatically send messages/invitations to nearby individuals), as well as applying a known technique to a known system ready for improvement to yield predictable results. Pet. 22 (citing Ex. 1003 ¶ 93).” slip op. at 28

  • BurdenUnpatentable

    “would have been obvious in view of Burfeind and Crowley (Pet. 15–51), starting with the contentions with respect to the limitations of independent claims 1 and 11. With respect to each of the limitations, Patent Owner does not respond.8 Nonetheless, the burden remains on Petitioner to demonstrate unpatentability. See Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015).” slip op. at 18

  Patent outcomesUS 11,470,682 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 11,470,682
• Meta Platforms, Inc. v. Sitnet, LLCAll claims unpatentable
  PTAB · Sep 8, 2025 · IPR2024-00530 · APJ Thu A Dang · IPR · Final written decision

  Claims 1–16 are unpatentable as obvious; the Board denied the contingent motion to amend proposing substitute claims 17–32.

  RulingsFinal written decision

  • Expert testimonyOther

    “iv. Claim 1 Conclusion Based on the complete record presented, Petitioner has shown that Gage teaches all limitations of claim 1. Thus, we determine that Petitioner has shown by a preponderance of the evidence that the subject matter of claim 1 would have been obvious over Gage. v. Independent claim 8 Independent claim 8 recites a method of “providing situation related information to a situation authority via a situational network,” wherein the method comprises “receiving, by a participant device, a roll call query soliciting a reply related to a status of a participant based on the participant being determined, by the situation authority, to be geographically proximate to the situation,” “receiving, by the participant device, a selection of a status response from the participant,” and “sending the status response to the central authority, wherein the status response is included in a roll call list.” Ex. 1001, 34:46–57. Petitioner generally refers to its contentions with respect to claim 1. Pet. 34–36. In particular, Petitioner contends that Gage teaches a subscriber device that communicates a status indicator to the disaster response system through a subscriber status reporting system that implements a “situational network” configured for use during disasters. Id. at 34 (citing Ex. 1005 ¶¶ 19, 25). Petitioner additionally contends that Gage’s “disaster response system” is a “situation authority” because the disaster response system detects an occurrence of a disaster affecting a region, receives and aggregates information related to the disaster, and then provides the information to various participants in the network. Id. (citing Ex. 1005 ¶¶ 8–9, 21, 36, 45; Ex. 1003 ¶ 104). With respect to the “situational network” limitation, Patent Owner” slip op. at 39

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

    “1. “situational network” (claims 1, 8, 13) Patent Owner points out that the district court has already construed” slip op. at 12

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

    “viii. Ground 1 Conclusion In light of the above analysis, we determine that Petitioner’s evidence” slip op. at 46

  • PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, deniedDenied

    “c. Conclusion on Petitioner’s Patentability Challenges based on Obviousness for Proposed Substitute Claims For the above reasons, we determine that Petitioner has shown by a preponderance of evidence that the subject matter of proposed substitute claims 17–32 would have been unpatentable. IV. CONCLUSION9 For the foregoing reasons, we conclude that Petitioner has shown by a” slip op. at 82

  Patent outcomesUS 9,877,345 unpatentable
  Claim construction§ 101 eligibility§ 103 obviousnesscites Alice · Mayo · Bilski · Phillips · KSR · Graham
  Patents in suitUS 9,877,345
• Askeladden L.L.C. v. Intercurrency Software LLCAll claims unpatentable
  PTAB · Jul 14, 2025 · IPR2024-00377 · APJ Neil T Powell · IPR · Final written decision

  Claims 19–36 are unpatentable under § 103 over the listed combinations of Calo, Rude, Sellberg or Szoc, with Davidowitz or Kedia for dependent claims.

  RulingsFinal written decision

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

    “We do not need to construe any terms expressly to reach our decision. 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 minor differences between the parties’ proposed constructions of “prevailing exchange rate” do not affect the outcome of this proceeding, as Petitioner has carried its burden of demonstrating unpatentability of the challenged claims by a preponderance of the evidence under Petitioner’s proposed construction or Patent Owner’s proposed construction.” slip op. at 11

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “Petitioner proposes “that a [person of ordinary skill in the art] for the ’107 Patent in the relevant field in 2007 would have a bachelor’s degree in computer science or a related study and two years of experience with financial trading systems or an equivalent combination of education and experience.” Pet. 29 (citing Ex. 1002 ¶¶ 71–74). Patent Owner does not propose an alternative level of skill. See generally PO Resp. For purposes of this Decision, we adopt Petitioner’s proposal, reiterated by the proposal of Petitioner’s expert, which comports with the teachings of the ’107 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 12

  • Expert testimonyPetitioner expert creditedDecided for petitioner
  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner

    “Additionally, we observe Mr. Reid testifies that “Sellberg also describes benefits of adding currency exchange features to a trading system, such as increasing liquidity in the system.” Ex. 1002 ¶ 182 (citing Ex. 1019 ¶ 12). Mr. Reid further explains that “the skilled person would have known that adding currency exchange to a trading system would be a desired improvement.” Id. After reviewing the record, we determine that Petitioner has set forth a sufficient rationale for combining Sellberg’s teachings with Calo’s system. Sellberg discloses a trading system that utilizes an updated exchange rate that is repeatedly and automatically received from the currency market or the market maker, “and the last received updated exchange rate between the different currency and the specified currency at the time of receiving the order is used as the received current exchange rate.” Ex. 1019 ¶ 24. Mr. Reid has explained, with sufficient reasoning and citation to the record, how and why a POSITA would have added Sellberg’s currency exchange features to Calo’s trading system. Ex. 1002 ¶ 182. Thus, based on our review of the complete record, including the testimony of Mr. Reid, we are persuaded that the combination of Calo, Rude, and Sellberg discloses the disputed limitation for the reasons given by Petitioner.” slip op. at 33

  Patent outcomesUS 10,062,107 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 10,062,107
• Askeladden L.L.C. v. Intercurrency Software LLCAll claims unpatentable
  PTAB · Jul 14, 2025 · IPR2024-00376 · APJ Neil T Powell · IPR · Final written decision

  Claims 1–18 are unpatentable under §103 over the stated combinations of Calo, Rude, and other references.

  RulingsFinal written decision

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

    “Petitioner asserts that for the term “prevailing exchange rate,” as recited in claims 1, 2, 6, 9, and 10, “[t]he term prevailing commonly means ‘current.’” Pet. 28–29. According to Petitioner, this is consistent with the ’107 patent. Id. Petitioner asserts that “[t]he only rates the Specification describes using are a ‘forward’ rate or a ‘spot’ rate – in other words, a selected current exchange rate.” Id. at 29 (citing Ex. 1002 ¶ 34). Petitioner thus asserts that “‘prevailing exchange rate’ means ‘a selected current exchange rate that is not an FOREX average exchange rate.’” Id. Petitioner further contends that the term “prevailing currency exchange rate,” as recited in claims 2 and 9–11, “is the same as the prevailing exchange rate but limited specifically to currencies.” Id. Patent Owner takes the position that “[f]or purposes of the present IPR, Patent Owner agrees with Petitioner’s proposed definition for both of the terms ‘prevailing exchange rate’ and ‘prevailing currency exchange rate’ in related IPR2024-00375. Namely, ‘a selected current exchange rate.’” PO Resp. 4. For the remaining terms, Patent Owner “submits that they should be given their ordinary and customary meaning as understood by one of ordinary skill in the art in the field of electronic trading as of the date of the invention.” Id. at 5. We do not need to construe any terms expressly to reach our decision. 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 minor differences between the parties’ proposed constructions of “prevailing exchange rate” and “prevailing currency exchange rate” do not affect the outcome of this proceeding, as Petitioner has carried its burden of demonstrating unpatentability of the challenged claims by a preponderance of the evidence under Petitioner’s proposed constructions or Patent Owner’s proposed constructions.” slip op. at 10

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “Petitioner proposes “that a [person of ordinary skill in the art] for the ’107 Patent in the relevant field in 2007 would have a bachelor’s degree in computer science or a related study and two years of experience with financial trading systems or an equivalent combination of education and experience.” Pet. 30 (citing Ex. 1002 ¶¶ 71–74). Patent Owner does not propose an alternative level of skill. See generally PO Resp. For purposes of this Decision, we adopt the proposal of Petitioner’s expert, which comports with the teachings of the ’107 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 12

  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
  • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable

    “After review of the arguments and evidence, we conclude that Petitioner has established by a preponderance of evidence that claim 1 would have been obvious over the combination of Calo, Rude, and Sellberg. 2. Claims 2–7, 9–13, and 16–18 For claims 2–7, 9–13, and 16–18, Petitioner relies on the same or similar arguments and evidence discussed above for the combination of Calo, Rude, and Sellberg. See Pet. 45, 66–71. Petitioner further directs us to the claim chart on pages 61 through 77 of the Petition. Id. at 45. Patent Owner relies on the same arguments for claims 2–7, 9–13, and 16–18 that we have discussed for independent claim 1. PO Resp. 10. Based on the reasoning and evidence provided in the Petition (see Pet.” slip op. at 38

  Patent outcomesUS 10,062,107 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 10,062,107
• Askeladden L.L.C. v. Intercurrency Software LLCAll claims unpatentable
  PTAB · Jul 1, 2025 · IPR2024-00375 · APJ Frances L Ippolito · IPR · Final written decision

  Claims 1–12 are unpatentable under §103 over the listed combinations of Calo, Rude, Sellberg or Szoc, with Davidowitz or Kedia for dependent claims.

  RulingsFinal written decision

  • BurdenDecided for petitioner

    “Rule 104(b) provides, in relevant part, that the Petition must contain an “[i]dentification of challenge” and “[p]rovide a statement of the precise relief requested for each claim challenged” that includes: (4) How the construed claim is unpatentable under the statutory grounds identified in paragraph (b)(2) of this section. The petition must specify where each element of the claim is found in the prior art patents or printed publications relied upon; and (5) The exhibit number of the supporting evidence relied upon to support the challenge and the relevance of the evidence to the challenge raised, including identifying specific portions of the evidence that support the challenge. The Board may exclude or give no weight to the evidence where a party has failed to state its relevance or to identify specific portions of the evidence that support the challenge. 37 C.F.R. § 42.104(b)(4)–(5) (2023) (emphasis added). Rule 22(a)(2) requires a petition to include “[a] full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence including material facts, and the governing law, rules, and precedent.” 37 C.F.R. § 42.22(a)(2) (2023). Based on the complete record, we determine that the Petition satisfies our rules and do not agree with Patent Owner that the Petition is deficient in this regard. For example, with respect to the obviousness challenge based on Calo, Rude, and Sellberg, the Petition provides a discussion on pages 41–43 with accompanying claim charts identifying where the prior art references disclose each limitation of the challenged claims (Pet. 51–75), and further cites to the supporting testimony of Mr. Reid for the motivation to combine the references (see, e.g., Ex. 1002 ¶ 338). Pet. 43, 51–75. In at least this way, we find that the Petition provides sufficient detailed explanation of the evidence and analysis to satisfy our rules.” slip op. at 20

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

    “Petitioner asserts that for the term “prevailing exchange rate,” as recited in claims 1, 4, and 6, “[t]he term prevailing commonly means ‘current.’” Pet. 27. According to Petitioner, this is consistent with the ’863 patent. Id. Petitioner asserts that “[t]he only rates the Specification describes using are a ‘forward’ rate or a ‘spot’ rate – in other words, a selected current exchange rate.” Id. (citing Ex. 1002 ¶ 200). Petitioner thus asserts that “‘prevailing exchange rate’ means ‘a selected current exchange rate.’” Id. Petitioner further contends that the term “prevailing currency exchange rate,” as recited in claims 1, 2, 3, 6, 7, 8 and 11, “should be given the same meaning as ‘prevailing exchange rate.’” Id. Patent Owner does not contest Petitioner’s proposed constructions. PO Resp. 3 (“For purposes of the present IPR, Patent Owner agrees with Petitioner’s proposed definition of the terms ‘prevailing exchange rate’ and ‘prevailing currency exchange rate’ means ‘a selected current exchange rate.’”). For the remaining terms, Patent Owner “submits that they should be given their ordinary and customary meaning as understood by one of ordinary skill in the art in the field of electronic trading as of the date of the invention.” Id. 3–4. We do not need to construe any terms expressly to reach our decision. 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

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “Petitioner proposes “that a [person of ordinary skill in the art] for the ’863 Patent in the relevant field in 2007 would have a bachelor’s degree in computer science or a related study and two years of experience with financial trading systems or an equivalent combination of education and experience.” Pet. 27–28 (citing Ex. 1002 ¶¶ 60–61). Patent Owner does not propose an alternative level of skill. See, generally PO Resp. For purposes of this Decision, we adopt the proposal of Petitioner’s expert, which comports with the teachings of the ’863 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 12

  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner

    “Additionally, we observe Mr. Reid testifies that “Sellberg also describes benefits of adding currency exchange features to a trading system, such as increasing liquidity in the system.” Ex. 1002 ¶ 162 (citing Ex. 1019 12). Mr. Reid further explains that “the skilled person would have known that adding currency exchange to a trading system would be a desired improvement.” Id. After reviewing the record, we determine that Petitioner has set forth a sufficient rationale for combining Sellberg’s teachings with Calo and Rude. It is undisputed on the record before us that Sellberg discloses a trading system that utilizes an updated exchange rate that is repeatedly and automatically received from the currency market or the market maker, “and the last received updated exchange rate between the different currency and the specified currency at the time of receiving the order is used as the received current exchange rate.” Ex. 1019 ¶ 24. Moreover, Mr. Reid has explained, with sufficient reasoning and citation to the record, how and why a POSITA would have added Sellberg’s currency exchange features to a trading system. Ex. 1002 ¶ 162. Thus, based on our review of the complete record, including the testimony of Mr. Reid, we are persuaded that the combination of Calo, Rude, and Sellberg discloses this limitation.” slip op. at 36

  Patent outcomesUS 10,776,863 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 10,776,863
• Askeladden L.L.C. v. Intercurrency Software LLCAll claims unpatentable
  PTAB · Jul 1, 2025 · IPR2024-00378 · APJ Frances L Ippolito · IPR · Final written decision

  Claims 1–15 are unpatentable under § 103 over the Calo, Rude, and Sellberg or Szoc combinations, with Davidowitz added for claims 3, 10, 11, and 14.

  RulingsFinal written decision

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

    “Patent Owner does not contest Petitioner’s proposed constructions. PO Resp. 4 (“For purposes of the present IPR, Patent Owner agrees with Petitioner’s proposed definition of the term[s] ‘prevailing exchange rate’ [and prevailing currency exchange rate] means ‘a selected current exchange rate.’”). For the remaining terms, Patent Owner “submits that they should be given their ordinary and customary meaning as understood by one of ordinary skill in the art in the field of electronic trading as of the date of the invention.” Id. We do not need to construe any terms expressly to reach our decision. 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

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “Petitioner proposes “that a [person of ordinary skill in the art] for the ’930 Patent in the relevant field in 2007 would have a bachelor’s degree in computer science or a related study and two years of experience with financial trading systems or an equivalent combination of education and experience.” Pet. 27 (citing Ex. 1002 ¶¶ 73–74). Patent Owner does not propose an alternative level of skill. See, generally PO Resp. For purposes of this Decision, we adopt Petitioner’s proposal, reiterated by the proposal of Petitioner’s expert, which comports with the teachings of the ’930 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 11

  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner

    “After reviewing the record, we determine that Petitioner has set forth a sufficient rationale for combining Sellberg’s teachings with Calo’s system. Sellberg discloses a trading system that utilizes an updated exchange rate that is repeatedly and automatically received from the currency market or the market maker, “and the last received updated exchange rate between the different currency and the specified currency at the time of receiving the order is used as the received current exchange rate.” Ex. 1019 ¶ 24. Mr. Reid has explained, with sufficient reasoning and citation to the record, how and why a POSITA would have added Sellberg’s currency exchange features to Calo’s trading system. Ex. 1002 ¶ 178. Thus, based on our review of the complete record, including the testimony of Mr. Reid, we are persuaded that the combination of Calo, Rude, and Sellberg discloses this limitation for the reasons given by Petitioner.” slip op. at 33

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

    “transaction immediately after the equity transaction is executed to lock in an exchange rate as close as possible to that previewed.” Id. ¶ 69 (emphasis added). In this way, we find Calo teaches that the exchange rate may be locked in (e.g., a real-time conversion rate that is obtained right before the transaction takes place) and that the currency exchange occurs immediately after the equity transaction to mitigate uncertainty in currency changes in another time. See Ex. 1005 ¶¶ 30, 69.” slip op. at 31

  Patent outcomesUS 11,449,930 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 11,449,930
• Siemens Mobility, Inc. / Ground Transportation Systems USA Inc. et al. v. Metrom Rail, LLCAll claims unpatentable
  PTAB · Jun 18, 2024 · IPR2023-00470 · APJ Iftikhar Ahmed · IPR · Final written decision

  Claims 1–28 are unpatentable because Petitioner proved the challenged claims obvious over the asserted prior-art combinations.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “PO Resp. 4 (citing Ex. 2012 ¶ 37) (emphases added). Patent Owner argues that Petitioner’s approach expansively includes anyone working on collision avoidance and does not acknowledge that the railroad industry specifically is resistant to change and innovation. Id. (citing Ex. 2012 ¶ 40). Accordingly, Patent Owner, contends that a person of ordinary skill in the art also would be characterized as “reluctant to innovate, a characteristic of this industry.” Id. at 4–5.” slip op. at 9

  • Obviousness (§103) › Objective indicia / secondary considerationsDecided for petitioner

    “Id. (citing Ex. 2016, 1–6; Ex. 2019, 1–4; Ex. 1054, 125:20–141:7). Petitioner argues that “Dr. Cooklev’s analysis is legally insufficient because he assumed that any product that met a claim was in fact coextensive with it, regardless of whether it had additional features,” and “boiled coextensiveness down to infringement.” Id. at 10 (citing Ex. 1051, 117:5–10). Petitioner contends that Patent Owner’s only evidence that unclaimed features are irrelevant to AURA’s success is Dr. Cooklev’s conclusion, which is factually insufficient as it is based entirely on conversations with Messrs. Gunther and Marchi, without independent analysis. Id. (citing Ex. 2011 ¶ 41).” slip op. at 26

  • ExcludeMotion to exclude, deniedDenied

    “not admissibility, and the challenged paragraphs should not be excluded. Paper 57, 1. Patent Owner argues that Mr. Conti was qualified as a percipient industry participant to comment on long felt need and provides ample support for his opinions. Id. at 2 (citing Ex. 1053, 14:20–15:8, 24:18–26:22, 52:19–53:10, 54:6–56:16, 80:1–6, 81:7–21, 154:7–155:9, 155:14–156:21, 157:11–159:6, 159:20–161:3, 161:24–162:14). Patent Owner also argues that Mr. Conti’s testimony on skepticism in the prior art as well the ultimate conclusion of obviousness should not be excluded because there is sufficient factual support for those opinions. Id. at 2–3 (citing Ex. 1053, 154:7–155:9, 155:14–156:21, 157:11–159:6, 159:20–161:3, 161:24–162:14, 166:21–168:18). Patent Owner argues that Mr. Conti’s opinions in paragraphs 69–7224 are admissible because Mr. Conti, as an expert in railroad safety and familiar with the design constraints in this area and at the time of the invention, conducted an investigation, which coupled with his experience, resulted in his conclusion that the proposed combination goes against the conventional thinking of a person of ordinary skill in the art. Paper 57, 3–4 (citing Ex. 2012 ¶ 75).” slip op. at 79

  • Strike new argumentNew argument consideredDenied

    “Accordingly, Patent Owner’s Motion to Strike Exhibit 1060 and portions of Petitioner’s Reply is denied.” slip op. at 77

  Patent outcomesUS 8,812,227 unpatentable
  § 103 obviousnesscites KSR · Graham
  Patents in suitUS 8,812,227
• Bj’S Wholesale Club Holdings, Inc. v. Walmart Apollo, LLCAll claims unpatentable
  PTAB · Apr 11, 2024 · IPR2022-01563 · APJ Neil T Powell · IPR · Final written decision

  Claims 1–14 are unpatentable as obvious over Yong and Xavier because the Board found the proposed server-function combination and replication of the virtual terminal sales application obvious.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “have had a Bachelor’s degree in computer science, computer engineering, electrical engineering, or a related field or equivalent coursework or experience, and one to two years of experience with mobile device applications and retail POS systems,” also noting that “[m]ore education can supplement practical experience and vice versa.” Pet. 10 (citing Ex. 1002 ¶ 33). “For purposes of the IPR proceedings related to the ’435 Patent only, [Patent Owner] does not dispute this definition.” PO Resp. 8. For the purposes of this Decision, we apply Petitioner’s proffered level of skill in the art because it appears consistent with the problems addressed in the ’435 patent and the prior art.” slip op. at 12

  • Expert testimonyDecided for patent owner

    “Patent Owner counters that we should afford full weight to Dr. Williams’s testimony. PO Sur-reply 2. Patent Owner contends that Dr. Williams meets Petitioner’s definition of a person of ordinary skill in the art. Id. According to Patent Owner, “Dr. Williams surpasses the education requirement” and meets the experience requirements. Id. Addressing Petitioner’s concerns about retail technology experience, Patent Owner asserts that “Dr. Williams testified that his MBA curriculum contained coursework that included study of POS systems, particularly though case studies.” Id. at 3 (citing Ex. 2009 ¶ 3; Ex. 1022 16:3–7). “This is precisely the ‘more education in the [person of ordinary skill in the art] definition that can ‘supplement practical experience,’” Patent Owner argues. Id. (citing Pet. 12). Patent Owner persuades us that Petitioner’s concerns regarding Dr. Williams’s retail technology and knowledge and experience are not a basis for affording less weight to Dr. Williams’s testimony.” slip op. at 13

  • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner

    “We agree with the parties’ claim construction. Grammatically, within each of claims 1, 3, 5, and 7, each recitation of “the server” refers to the same “server.” Thus, according to these claims’ plain meaning, each and every recitation of “the server” refers to the same server. See Salazar v. AT&T Mobility LLC, 64 F.4th 1311, 1315–16 (Fed. Cir. 2023) (explaining claim language reciting element with definite article refers to same element previously recited) (citing Baldwin Graphic Sys., Inc. v. Siebert, Inc., 512 F.3d 1338, 1342–43 (Fed. Cir. 2008); Harari v. Lee, 655 F.3d 1331, 1341 (Fed. Cir. 2011)). Likewise, according to the plain meaning of claims 10, 12, and 14, each and every recitation of “the server” in these claims refers to the same server. We construe every recitation of “the server” in claims 1, 3, 5, and 7 as referring to the same server. And we construe every recitation of “the server” in claims 10, 12, and 14 as referring to the same server.” slip op. at 14

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

    “parties’ arguments and evidence, we determine that a preponderance of the evidence supports Petitioner’s position that it would have been “obvious to combine functions of any [of] its servers 200, 400, 500 into the same server.” E.g. Pet. 8–9, 18–19, 22–23, 25–26; PO Resp. 2–6, 22–25, 28–40; Pet. Reply 1–2, 7–12; PO Sur-reply 1–2, 5–15. It is undisputed that “[i]t was well-understood in the art at the time of the Critical Date that functionality of different servers can be combined in the same server.” Pet. 18–19 (citing Ex. 1002 ¶ 413); see generally PO Resp.; PO Sur-reply. The Petition persuades us that it would have been obvious to implement this known approach in Yong’s system, notwithstanding Patent Owner’s arguments about intentionally keeping servers separate. Pet. 8–9, 18–19, 22–23, 25–26; PO Resp. 2–6, 22–25, 28–40; Pet. Reply 1–2, 7–12; PO Sur-reply 1–2, 5–15. The Petition and its evidence demonstrate that a person of ordinary skill in the art would have recognized that modifying Yong’s disclosure by combining the functionalities of the servers would have produced one logical variation on Yong’s system. Pet. 8–9, 18–19, 22–23, 25–26; Ex. 1002 ¶¶ 112–132, 412–414, 436, 442, 452, 460. As the Petition and Dr. Shamos note, Yong’s servers cooperatively perform functions of Yong’s system by communicating with one another and other system components, such that consolidating the functionality into the same server would result in that server performing all of the same functions that Yong’s servers do separately. Pet. 8–9, 18–19, 22–23, 25–26; Ex. 1002 ¶¶ 112–132, 412–414, 436, 442, 452, 460; See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (combination of known devices according to established functions normally obvious); id. at 417 (“[W]hen a patent ‘simply arranges old elements with each performing the same function it had been known to perform’ and yields no more than one would expect from such an arrangement, the combination is obvious”). The Petition and its evidence also persuade us that such a modification would have been well within the ability of a person of ordinary skill in the art and there would have been a reasonable expectation of success. E.g., Pet. 10, 18–19, 22–23, 25–26; Ex. 1002 ¶¶ 30–34, 38–42, 412, 414. As Dr. Shamos notes, Yong itself indicates that the system could use different components on its server side, disclosing that “[a] commercial transaction system (e.g., a commerce system) according to the present invention is configured to include a mobile communication terminal 100, a store POS system 200, and a mobile telecommunication system 300. More preferably, a commercial transaction server 400 and a payment server 500 may be further included.” Ex. 1010, 12:9–13; Ex. 1002 ¶ 412. On the whole, the Petition persuades us that combining the functions of Yong’s servers would have involved no more than an obvious application of a known approach with predictable results. See KSR, 550 U.S. at 416 (“The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).” slip op. at 29

  Patent outcomesUS 10,803,435 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR
  Patents in suitUS 10,803,435
• Bj’S Wholesale Club Holdings, Inc. v. Walmart Apollo, LLCAll claims unpatentable
  PTAB · Apr 11, 2024 · IPR2022-01528 · APJ Neil T Powell · IPR · Final written decision

  Claims 15–19 are unpatentable: the Board found claims 15–16 anticipated or obvious and claims 17–19 obvious; it did not reach the Yong-Xavier-Cason ground for claim 17.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “We find that the ’435 patent and the cited prior art references reflect the appropriate level of skill at the time of the claimed invention and that the level of appropriate skill reflected by those sources is consistent with the definition of a person of ordinary skill in the art proposed by Petitioner. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). Accordingly, for purposes of this Decision, we adopt Petitioner’s asserted level of ordinary skill in the art.” slip op. at 12

  • Expert testimonyDecided for patent owner

    “technologies, [and he admits] that his only retail technology experience is limited to MBA case studies from the early 1990s.” Pet. Reply 3 (citing Ex. 1022, 15:20–22, 16:3–7, 17:22–23; Ex. 2010). Based on this, Petitioner advances that we “should afford little weight to Dr. Williams’ testimony.” Id. Patent Owner counters that we should afford full weight to Dr. Williams’s testimony. PO Sur-reply 2. Patent Owner contends that Dr. Williams meets Petitioner’s definition of a person of ordinary skill in the art. Id. According to Patent Owner, “Dr. Williams surpasses the education requirement” and meets the experience requirements. Id. at 3. Addressing Petitioner’s concerns about retail technology experience, Patent Owner asserts that “Dr. Williams testified that his MBA curriculum contained coursework that included study of POS systems, particularly though case studies.” Id. (citing Ex. 2009 ¶ 3; Ex. 1022 16:3–7). “This is precisely the ‘more education’ in the [person of ordinary skill in the art] definition that can ‘supplement practical experience,’” Patent Owner argues. Id. (citing Pet. 12). Patent Owner persuades us that Petitioner’s concerns regarding Dr. Williams’s retail technology and knowledge and experience are not a basis for affording less weight to Dr. Williams’s testimony.” slip op. at 13

  • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner

    “Contrary to Patent Owner’s argument, the ’435 patent’s Specification supports Petitioner’s position. As Petitioner argues, the Specification’s disclosure that “[u]ser identification information may include a username, a password, [or] both a username and password” conveys that “a username, a password, [or] both a username and password” is a short, non-exhaustive list of user identification information according to the ’435 patent. Ex. 1001, 6:2–4 (emphasis added). This comports with the plain meaning of “user identification information,” which seemingly would refer to information that identifies a user. Consistent with this, the claim language does not convey any meaning of “user identification information” other than its plain meaning. See, e.g., id. at 24:7–9. Accordingly, we do not adopt Patent Owner’s suggestion that limitation 16a’s “user identification information” requires a username, a password, or both. PO Resp. 72; PO Sur-reply 30. Instead, we conclude that “user identification information” encompasses information that identifies a user.” slip op. at 16

  • BurdenPetitioner expert creditedUnpatentable

    “Weighing all of the parties’ arguments and evidence, we find Petitioner has shown that Fletchall discloses performing all of limitations 15h–15j’s actions by the same server, specifically payment server 130. For example, Petitioner persuades us that Fletchall discloses payment server 130 performing the actions of limitations 15h and 15i: “retrieving . . . payment information to complete the transaction” and “completing . . . the transaction based on the payment information.” Ex. 1001, 23:43–24:2; Pet. 24–26 (citing Ex. 1008, 4:35–49, 11:3–12, 12:42–45, 13:9–14, 13:45–47; Ex. 1002 ¶¶ 199–204, 206–208, 210; Ex. 1001, 10:59–11:3, Fig. 2B). Petitioner’s evidence also shows that Fletchall discloses limitation 15j’s “transmitting . . . a confirmation receipt to the mobile phone in response to completion of payment for the transaction” by payment server 130 on its own. Ex. 1001, 24:3–5; Pet. 26–27 (citing Ex. 1008, 9:26–32, 11:57–61; Ex. 1002 ¶¶ 213–214). For example, Petitioner cites Fletchall’s disclosure of at least one embodiment in which “the electronic receipt is generated by the payment server (130) and provided to the transaction module (106b) of the mobile POS application (106).” Ex. 1008, 9:26–29; Pet. 27. Thus, Petitioner demonstrates that Fletchall discloses performing all of limitations 15h–15j by payment server 130. This showing is not diminished by Patent Owner’s observation that the Petition mentions Fletchall’s product database 121 when discussing limitation 15j. PO Sur-reply 27 n.12 (citing Pet. 26–27). In the passages Petitioner cites, Fletchall contains multiple, alternative disclosures about creating and sending a receipt. Ex. 1008, 9:26–32, 11:57–61; Pet. 27. For example, Fletchall contains (1) a disclosure that a receipt can be generated and transmitted by payment server 130 on its own (Ex. 1008, 9:26–29) and (2) an alternate disclosure that “[t]he electronic receipt may be generated by the product database (121) in cooperation with the payment server (130) and provided to the transaction module 106(b) of the mobile POS application (106)” (id. at 9:29–32). As Dr. Shamos notes, Fletchall also discloses that “[t]he electronic receipt may be generated by the payment server.” Ex. 1008, 11:19–20; Ex. 1002 ¶ 213. Immediately following this disclosure, Fletchall describes handling the electronic receipt by payment server 130 and product database 121 working in cooperation as an alternative to handling the electronic receipt by payment server 130 on its own: The electronic receipt may be generated by the payment server, by the product database in cooperation with the payment server and/or by a mobile application installed on the mobile device directly. Once generated, the electronic receipt may be sent to the mobile device to be stored in a memory or in a storage device of the mobile device. Ex. 1008, 11:19–25 (emphasis added). Petitioner’s reliance on Fletchall’s disclosure of handling the electronic receipt by payment server 130 on its own supports Petitioner’s case, regardless of Fletchall’s alternate disclosure of handling the electronic receipt by payment server 130 in cooperation with product database 121.” slip op. at 28

  Patent outcomesUS 10,803,435 unpatentable
  Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR
  Patents in suitUS 10,803,435

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.