- Dr. Falk Pharma GmbH v. Ellodi Pharmaceuticals, L.P.Adverse judgmentPTAB · Jan 23, 2026 · IPR2025-00056 · APJ Ryan H Flax · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–30 after it statutorily disclaimed all claims, and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent.” 37 C.F.R. § 42.73(b)(1). We find good cause exists to grant Patent Owner’s unopposed request for adverse judgement and to terminate this proceeding. Thus, we grant Patent Owner’s Motion to Terminate and Request for Adverse Judgment. slip op. at 2
NonePatents in suitUS 11,260,061 - Reed Semiconductor Corp. v. Monolithic Power Systems, Inc.All claims unpatentablePTAB · Jan 22, 2026 · IPR2024-01158 · APJ Ken B Barrett · IPR · Final written decision
Claims 1–5, 7–15, 17, and 18 are unpatentable: claims 1–4, 9–14, 17, and 18 as anticipated by Tateishi, and claims 5, 7, 8, and 15 as obvious over Tateishi.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“We discern no material difference between the parties’ definitions. Petitioner’s definition is consistent with the level of ordinary skill reflected in the prior art references of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (recognizing that the prior art itself may reflect an appropriate level of skill in the art). For purposes of this decision, we apply Petitioner’s definition of the person of ordinary skill in the art. We note, however, that were we to adopt Patent Owner’s assessment, the outcome of this Decision would be the same.” slip op. at 13
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“After considering the parties’ arguments and evidence, we determine that Patent Owner has not offered persuasive evidence that a person of ordinary skill in the art reading the claims in light of the Specification would understand the plain and ordinary meaning of “control signal” to be as narrow as Patent Owner proposes. We do not construe the claims such that the “control signal” must be the exclusively controlling factor of a component, as Patent Owner urges. Petitioner’s position, on the other hand, is consistent with the evidence of record. We construe “control signal” as having its plain and ordinary meaning, namely a signal configured to control a circuit component. D. The Asserted Anticipation of Claims 1–4, 9–14, 17, and 18 by Tateishi” slip op. at 24
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“We determine that Petitioner has demonstrated by a preponderance of the evidence that Tateishi discloses the “control signal” recited in limitations 1B2 and 1D of independent claim 1.” slip op. at 37
- BurdenNot shown unpatentable
“based on the Tateishi application publication (Ex. 1007), that the Tateishi Patent (Ex. 1005) also anticipates claims 1–4, 9–14, 17, and 18. See Pet. 23–24 (“The Tateishi Patent is also prior art under (pre-AIA) §102(e)”; identifying Ground 1 as anticipation “under §102 by Tateishi and/or the Tateishi Patent”). However, we are unable to locate in the Petition or Petitioner’s Reply a discussion of or citation to the Tateishi Patent other than under the Petitioner’s heading “Identification of Challenge and Relief Requested” on pages 23 and 24 of the Petition. Cf. id. at i–x (Table of Contents identifying a section of the Petition discussing the Tateishi (Application) anticipation ground but not a section discussing a Tateishi Patent anticipation ground). Although the issued patent may be substantively identical to the published application, Petitioner does not assert that, and we decline to compare the documents to determine whether that is the case. In light of Petitioner’s silence on the alternative ground, Petitioner has not demonstrated by a preponderance of the evidence that the Tateishi Patent anticipates 1–4, 9–14, 17, and 18.” slip op. at 47
Patent outcomesUS 9,041,377 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,041,377 - Mylan Pharmaceuticals Inc. / Teva Pharmaceuticals USA, Inc. et al. v. Bayer Pharma AktiengesellschaftAdverse judgmentPTAB · Jan 12, 2026 · IPR2022-01513 · APJ Ryan H Flax · IPR · Adverse judgment
The Board granted Petitioners’ withdrawal and entered adverse judgment against them on remanded claims 5–8; claims 1–4 remained affirmed as unpatentable.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . . [a]bandonment of the contest.” 37 C.F.R. §42.73(b)(4). We find good cause exists to grant Petitioners’ request to withdraw from the proceedings, which is a request for adverse judgement (with respect to challenged claims 5–8). slip op. at 3
NonePatents in suitUS 10,828,310 - Mylan Pharmaceuticals Inc. / Teva Pharmaceuticals USA, Inc. et al. v. Bayer Pharma AktiengesellschaftAdverse judgmentPTAB · Jan 12, 2026 · IPR2022-01515 · APJ Ryan H Flax · IPR · Adverse judgment
The Board granted Petitioners’ withdrawal request and entered adverse judgment against them as to claims 5–8; claims 1–4 remained affirmed as unpatentable.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . . [a]bandonment of the contest.” 37 C.F.R. §42.73(b)(4). We find good cause exists to grant Petitioners’ request to withdraw from the proceedings, which is a request for adverse judgement (with respect to challenged claims 5–8). slip op. at 3
NonePatents in suitUS 10,828,310 - Mylan Pharmaceuticals Inc. / Teva Pharmaceuticals USA, Inc. et al. v. Bayer Pharma AktiengesellschaftAdverse judgmentPTAB · Jan 12, 2026 · IPR2022-00517 · APJ Ryan H Flax · IPR · Adverse judgment
The Board granted Petitioners’ withdrawal request and entered adverse judgment against them as to claims 5–8 after remand.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . . [a]bandonment of the contest.” 37 C.F.R. §42.73(b)(4). We find good cause exists to grant Petitioners’ request to withdraw from the proceedings, which is a request for adverse judgement (with respect to challenged claims 5–8). slip op. at 3
NonePatents in suitUS 10,828,310 - Avation Medical, Inc. v. Emkinetics, Inc.All claims unpatentablePTAB · Jan 7, 2026 · PGR2024-00043 · APJ Ryan H Flax · PGR · Final written decision
Claims 1–39 are unpatentable under Grounds 1–10; Petitioner did not prove lack of enablement under Ground 11, and Patent Owner’s motion to exclude was denied.
RulingsFinal written decision- PTAB / AIA Trials › Real party in interest / privityRpi dispute resolved for petitionerDecided for petitioner
“REAL PARTIES-IN-INTEREST Petitioner identifies Avation Medical, Inc. as the real party-in-interest. Pet. x. Patent Owner identifies EMKinetics, Inc. as the real party-in-interest. Paper 5, 1; Paper 6, 1. Neither party contests the other’s assertions on this. C.” slip op. at 3
- Skill levelSkill level petitioner adoptedDecided for petitioner
“A POSA at the time of the claimed invention would have had an undergraduate degree in the field of biomedical engineering or a related discipline, such as electrical engineering, and at least two years of experience in the design and/or analysis of biomedical devices. Additional work experience could substitute for a formal degree and vice versa. Ex.1003, ¶21. Pet. 20 (citing Ex. 1003). Patent Owner does not contest this proposed definition or offer an alternative. See generally Resp. We accept and use Petitioner’s uncontested definition of the ordinarily skilled artisan, which appears to comport with the level of skill in the art reflected in the prior art of record and the ’943 patent. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (“the prior art itself [may]” slip op. at 19
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“same claim construction standard that is used to construe patent claims in a civil action in federal district court. 37 C.F.R. § 42.200(b). In construing claims, district courts and the Board here, by default, give claim terms their ordinary and customary meaning, which is “the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention.” Phillips v. AWH Corp., 415 F.3d 1303, 1312–13 (Fed. Cir. 2005) (en banc). Petitioner states that, “no terms require construction for purposes of this Petition.” Pet. 21. Patent Owner presents no express position on claim construction. See generally Resp. We do not expressly construe any claim terms. E.” slip op. at 20
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedReference is prior artDecided for petitioner
“question, based on factual findings. VidStream, 981 F.3d at 1063–64. Moreover, public accessibility is the touchstone in determining whether a reference is a printed publication and such depends on whether the reference was available to interested, ordinarily skilled persons exercising reasonable diligence, which is determined on a case-by-case basis. Id. at 1065. Particularly pertinent here is that “[w]hen there is an established publisher there is a presumption of public accessibility as of the publication date.” Id. Hulu (which cites VidStream on this issue) concerned, inter alia, whether certain asserted references were shown to be publicly available and could be considered as prior art. Hulu, 2021 WL 487622. Hulu holds that, although testimonial evidence is one way to prove public accessibility, there are also a variety of hallmarks of publication and other evidence that may be considered as a totality of the evidence to determine if an asserted reference was publicly accessible and prior art. Id. at *10–13, 21. Facts to be considered in analyzing the issue, other than testimonial evidence, include, for example, whether there is an established publisher, a copyright date/notice, other publication-related dates (impression, printing, etc.), an ISBN number, citations to the reference before (and to a lesser degree, after) the priority date at issue corroborating its availability and/or that the publisher was established, and whether the reference’s “purpose of publishing . . . was ‘dialogue with an intended audience.’” Id. at *10–21 (citing Valve Corp. v. Ironburg Inventions Ltd., 8 F.4th 1364, 1374 (Fed. Cir. 2021)).” slip op. at 30
Patent outcomesUS 11,844,943 unpatentableClaim construction§ 102 anticipation§ 103 obviousness§ 112 disclosurecites Phillips · GrahamPatents in suitUS 11,844,943 - Orca Security Ltd. v. Wiz, Inc.InstitutedPTAB · Dec 15, 2025 · IPR2025-01084 · APJ Nabeel U Khan · IPR · Institution
Instituted IPR on claims 1–29 over Ross, Agarwal, and Biran because Petitioner showed a reasonable likelihood of prevailing on at least one challenged claim.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“An inter partes review may not be instituted “unless . . . the information presented in the petition . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). Having considered the arguments and evidence presented by Petitioner and Patent Owner, we determine that Petitioner has demonstrated a reasonable likelihood of prevailing on at least one of the challenged claims of the ’896 patent. We institute inter partes review as to all the challenged claims of the ’896 patent on all the grounds of unpatentability set forth in the Petition.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner argues that a person of ordinary skill in the art (POSITA) “would have had a bachelor’s degree in an academic area emphasizing computer science (i.e., computer science, computer information systems, computer engineering, etc.) or cybersecurity and (2) at least two years of work experience with cybersecurity and cloud computing.” Pet. 5 (citing Ex. 1003 ¶ 53–54). Petitioner further argues that “[a]dditional education or experience might substitute for the above requirements.” Id. Patent Owner does not contest Petitioner’s proposed definition of a POSITA at this stage of the proceeding. See generally, Prelim. Resp. ordinary skill because it is consistent with the level of skill in the art at the time of the invention as reflected by the ’896 patent and the cited prior art.” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Preamble limiting or notPreamble not limitingDecided for petitioner
“1[Pre] A method for generation of unified graph models for network entities, comprising: Petitioner contends that the preamble is not limiting, but to the extent by teaching the remaining limitations of the claim which are the steps in generating unified graph models for network entities, as the preamble recites. Pet. 9–10. Patent Owner does not dispute Petitioner’s contentions. At this stage of the proceeding, we agree with Petitioner that the preamble is not limiting because it merely states the purpose or intended use of an invention and because none of the subsequent limitations rely upon the preamble for completeness or antecedent basis. See Catalina Marketing Int’l., Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 808 (Fed. Cir. 2002); Bicon, Inc. v. Straumann Co., 441 F.3d 945, 952 (Fed. Cir. 2006); In re Hirao, 535 F.2d 67 (CCPA 1976).” slip op. at 14
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“sufficiently established a motivation to combine Ross, Agarwal, and Biran in the manner proposed. For example, Petitioner contends for limitation 1[b] that a POSITA would have been motivated to implement Ross’s system to genericize network entities as taught by Agarwal and that Agarwal provides an express motivation to do so, explaining that “[t]he grouping of nodes can be helpful when attempting to understand system properties in a cloud environment, like availability, security and performance, where the system includes a large number of nodes.” Pet. 21 (citing Ex. 1005, 4:13–26, 13:21–27; Ex. 1003 ¶¶ 103–108). Similarly, for limitation 1[d] Petitioner argues that “Biran provides express motivation to implement Ross to gather information on host-less components . . . to generate an accurate, service-aware view of the system infrastructure.” Id. at 32 (citing Ex. 1006, 1:59– 61; Ex. 1003 ¶¶ 134–136). These disclosures demonstrate that Petitioner’s motivation to combine stems from the prior art references themselves rather than from hindsight. Moreover, Petitioner’s contentions are supported by credible testimony from Dr. Easttom. See Ex. 1003 ¶¶ 103–108, 122–123, Addressing a motivation to combine on a limitation-by-limitation basis, as Petitioner has done in its Petition, is not necessarily improper, and may in fact be more suitable in certain situations depending on the proposed combination. Patent Owner does not provide any authority supporting its contention that providing a motivation to combine in the manner asserted in the Petition is contrary to proper obviousness analysis under Graham.” slip op. at 25
Claim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,929,896 - Orca Security Ltd. v. Wiz, Inc.InstitutedPTAB · Dec 15, 2025 · IPR2025-01087 · APJ Lisa A Murray · IPR · Institution
The Board instituted IPR on claims 1–17 because Orca showed a reasonable likelihood of prevailing on its § 103 obviousness ground over Shua and Lang.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“An inter partes review may be instituted only if “the information presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). For the reasons given below, on this record, Petitioner has established a reasonable likelihood that it would prevail in showing the unpatentability of at least one of the challenged claims. We determine that institution of an inter partes review of the challenged claims is appropriate. B. Real Parties in Interest” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“35 U.S.C. § 103 involves determining the level of ordinary skill in the pertinent art at the time the invention was made. Graham, 383 U.S. at 17. The level of skill in the art is “a prism or lens” through which we view the prior art and the claimed invention. Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). The person of ordinary skill in the art is a hypothetical person who knows the relevant art. In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995). Factors to consider include the types of problems encountered in the art, the sophistication of the technology, and the educational level of active workers in the field. Id. One or more factors may predominate. Id. Petitioner asserts that one of ordinary skill in the field of the ’529 Patent would have had “a bachelor’s degree in computer engineering, computer science, electrical engineering, or a similar degree, with 2–3 years additional education or experience might substitute for these requirements.” Pet. 5; Ex. 1003 ¶¶ 32–33. Patent Owner’s Preliminary Response does not address this issue. We find Petitioner’s formulation to be consistent with the evidence of record at this stage of the proceedings, including the asserted prior art and the ’529 Patent, and we preliminarily adopt and apply that definition for purposes of this Decision. C. Claim Construction” slip op. at 6
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownOther
“Owner contends that Petitioner’s argument “inverts the appropriate understanding: just because the challenged patent identifies an example security database that stores a representation of a computing environment as nodes and edges does not mean that anything that stores a representation of a computing environment as nodes and edges is necessarily a security database.” Prelim. Resp. at 7–8. We agree with the logic of Patent Owner’s argument, but disagree that Petitioner necessarily “relies on this inverted understanding for its prior art mapping.” Id. at 8. We understand Dr. Zadok’s explanation to mean only that the claim term “security database” encompasses graph databases that include a representation of the computing environment, meaning that some (but not necessarily all) security databases are graph databases. See Ex. 1003 ¶ 100. The language in the Petition to which Patent Owner objects can be read consistently with Dr. Zadok’s declaration. Petitioner does not, however, take a position on what the outer bounds of the claim term “security database” should be. Without attempting a full construction of the term “security database,” it is possible to determine from the current record, at least on a preliminary basis, some of the database types that would fall within its scope. The ’529 Patent explains that the claimed “security database” is part of an “inspection cybersecurity threats. Specifically, it provides as follows: In certain embodiments, the cloud computing environment 110 is monitored for cybersecurity objects, threats, risks, and the like, by an inspection environment 130. In an embodiment, the inspection environment 130 is configured to monitor the cloud computing environment 110 for cybersecurity objects, threats, risks, combinations thereof, and the like. Ex. 1001, 6:1–7; see id. Fig. 1. The ’529 Patent also provides: “In an embodiment, the inspection environment 130 further includes a security database 136. In some embodiments, the security database 136 is configured to store a representation of the cloud computing environment 110, for example based on a predetermined data schema.” Id. at 7:46–50. Thus, we can conclude that the term “security database,” as used in the ’529 Patent, encompasses at least a database within an inspection environment that monitors for cybersecurity threats and is configured to store a representation of a cloud computing environment that is monitored by the inspection environment. An example of such a security database is the Neo4j® graph database. Id. at 7:58–60. As discussed below, another example is the “context map” disclosed in Shua ’048. See Ex. 1005, 15, 25.” slip op. at 19
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“We find nothing contradictory in Petitioner’s argument that “100% of an organization’s assets” would include its AI models. Pet. 11, 21. Shua ’048 appears to contemplate treating multiple layers of structures as assets to be mapped and monitored. Ex. 1005 ¶ 30 (Shua’s Orca system “automatically assesses the security state of discovered asset[s] throughout the technology stack, including all four cloud layers: I/S, OS, apps, and data.”). On the current record, a VM is an asset that contains other assets, including an AI model.10 We conclude that for the purposes of institution, Petitioner’s mapping, as elucidated by Dr. Zadok, adequately demonstrates that the combination of Shua and Lang discloses limitation 1[c] and the corresponding limitations in claims 9 and 10. We further conclude that Petitioner’s identification of a motivation to combine Shua with Lang is adequate for institution purposes.” slip op. at 23
Claim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 12,003,529 - Orca Security Ltd. v. Wiz, Inc.Institution deniedPTAB · Dec 15, 2025 · IPR2025-01083 · APJ Nabeel U Khan · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood that Shivamoggi disclosed the required natural-language list of abnormal connections, including for the dependent-claim grounds.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“information presented in the petition . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). Having considered the arguments and evidence presented by Petitioner and Patent Owner, we determine that Petitioner has not demonstrated a reasonable likelihood of prevailing on at least one of the challenged claims of the ’554 patent. We do not institute inter partes review as to the challenged claims of the ’554 patent.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner argues that a person of ordinary skill in the art (POSITA) “would have had a bachelor’s degree in an academic area emphasizing computer science (i.e. computer science, computer information systems, computer engineering, etc.) or cybersecurity, with at least two years of experience in the field of cybersecurity.” Pet. 6 (citing Ex. 1003 ¶ 49). Petitioner further argues that “additional education or experience might substitute for these requirements.” Id. Patent Owner does not contest Petitioner’s proposed definition of a POSITA at this stage of the proceeding. See generally, Prelim. Resp. For purposes of this Decision, we adopt Petitioner’s proposed level of ordinary skill because it is consistent with the level of skill in the art at the time of the invention as reflected by the ’554 patent and the cited prior art.” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Petitioner asserts that “no claim terms need to be construed to resolve any issues in controversy in the Petition.” Pet. 7 (citing Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361 (Fed. Cir. 2011)). Patent Owner asserts that “[n]o constructions are necessary to deny institution because denial is warranted for numerous reasons that do not depend on claim construction, as further detailed below.” Prelim. Resp. 2. We determine that, at this stage of the proceeding, no explicit constructions are required to resolve the dispute between the parties.” slip op. at 8
- BurdenNot shown unpatentable
“Having reviewed the record presently before us, we agree with Patent Owner. Limitation 1[d] requires generating “insights, wherein the generated insights include at least a list of abnormal connections between the identified network objects.” The ʼ554 patent states that “[n]etwork insights are natural-language representations of aspects of the network graph.” 1 Ex. 1001, 10:15–17. Petitioner acknowledges that the recited “insights” are “natural-language representations.” Pet. 26 (citing Ex. 1001, 10:16–18). Dr. Easttom also agrees that insights are natural-language representations. Ex. 1003 ¶ 100 (testifying that “Shivamoggi’s insights are provided to the user as textual descriptions (i.e. natural-language representations).”). As an 1 The parties do not address whether the “wherein” clause of limitation 1[d] runs afoul of the printed matter doctrine. “[T]he petition must set forth . . . . [h]ow the challenged claim is to be construed.” 37 C.F.R. § 42.104. Even though “insights” are described in the ʼ554 patent as “natural-language representations of aspects of the network graph” (Ex. 1001, 10:15–17), Petitioner does not construe “insights, wherein the generated insights include at least a list of abnormal connections between the identified network objects,” as “printed matter” that may be disregarded because it is “not functionally related to the substrate.” See Praxair Distribution, Inc. v. Mallinckrodt Hosp. Prods. IP Ltd., 890 F.3d 1024, 1032 (Fed. Cir. 2018) (“‘Where the printed matter is not functionally related to the substrate, the printed matter will not distinguish the invention from the prior art in terms of patentability.’. . . For example, in In re Ngai, 367 F.3d 1336, 1339 (Fed. Cir. 2004) there was no functional relationship between claimed instructions and a diagnostic kit, as the instructions ‘in no way depend[ed] on the kit, and the kit [did] not depend on the’ instructions.” (quoting Ngai, 367 F.3d 1336, 1339 (Fed. Cir. 2004)). Because the parties have not addressed it, we decline to consider if the printed matter doctrine applies here. “virtual machine one to load balancer five, where port eighty is routed to port 1337 on virtual machine one, then from load balancer five to firewall two, where port eighty of firewall two is open, then from firewall two to subnet sixteen, where subnet sixteen has a network address of 10.0.1.0/24, then from subnet sixteen virtual network ten, where virtual network ten has a network address of 10.0.0.0/16, then from virtual network ten to virtual network eleven, via peering connection twelve, where peering connection twelve includes a routing rule to virtual network twelve, specifying virtual network twelve's network address, where virtual network twelve's network address is 172.31.0.0/16.” Ex. 1001, 10:31–45 (quotation marks in original). This example illustrates that an insight is provided in natural-language, or textual, format, consistent with the description of an insight in the ʼ554 patent and the testimony of Dr. Easttom. The limitation, which recites “the generated insights include at least a list of abnormal connections,” therefore requires generating a naturallanguage representation of a list of abnormal connections.” slip op. at 18
Claim constructioncites Phillips · KSR · GrahamPatents in suitUS 11,722,554 - Orca Security Ltd. v. Wiz, Inc.Institution deniedPTAB · Dec 15, 2025 · IPR2025-01086 · APJ Lisa A Murray · IPR · Institution
The Board denied institution on all challenged claims because Orca did not show a reasonable likelihood of prevailing, based on its unexplained inconsistent positions on a claim term.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“An inter partes review may be instituted only if “the information presented in the petition . . . and any [preliminary] response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a). For the reasons given below, on this record, Petitioner has not established a reasonable likelihood that it would prevail in showing the unpatentability of at least one of the challenged claims. Accordingly, we decline to institute an inter partes review of the challenged claims. B. Real Parties in Interest” slip op. at 2
- Prior constructionPrior construction not adoptedDecided for patent owner
“The Board has recently clarified that “[s]imply noting that the petitioner is adopting a patent owner’s claim construction proposals from district court . . . is not a sufficient reason for advancing different positions in the two forums.” Revvo Techs., Inc. v. Cerebrum Sensor Techs, Inc., IPR2025-00632, Paper 20, 5 (PTAB Nov. 3, 2025) (precedential). In Revvo, as in this case, the petitioner did not propose its own constructions for claim terms in the Petition, but instead accepted the patent owner’s proposed constructions from the related district court litigation. Id. at 2. Although the petitioner had proposed different constructions for the claim terms in district court, it did not explain why it was taking a different position before the Board. Id. The Board’s trial rules “do not necessarily prohibit petitioners from taking inconsistent claim construction positions before the Board and a explain why alternative positions are warranted.” Revvo, Paper 20, 3–4 (quoting Cambridge Mobile Telematics, Inc. v. Sfara, Inc., IPR2024-00952, Paper 12 at 8–9 (PTAB Dec. 13, 2024) (informative)). Petitioner has not sufficiently done so here. Moreover, the fact that Petitioner cannot raise its indefiniteness challenge in an inter partes review is not a sufficient reason to allow Petitioner to take inconsistent claim construction positions before the Board and the district court. Tesla, Inc. v. Intellectual Ventures II LLC, IPR2025- 00340, Paper 18, 3 (Nov. 5, 2025) (informative). As explained in the Board’s Tesla decision: Petitioner’s statement that it cannot raise indefiniteness challenges in an inter partes review is not a sufficient explanation. Indeed, the statement amounts to an assertion that a petitioner should be permitted to raise inconsistent invalidity challenges in the two forums. Petitioner’s explanation may have risen to a sufficient level, for example, if Petitioner had shown that, notwithstanding the alleged indefiniteness of the claim term, an ordinarily skilled artisan would understand that the asserted art satisfies the claim limitation (such as if the limitation prescribed a range and only the outer bounds of the range were unclear). Instead, Petitioner argued indefiniteness in the district court and then adopted Patent Owner’s plain and ordinary meaning construction from the district court litigation in its Petition. Allowing a petitioner to advance a claim construction before the Board when that petitioner has made inconsistent indefiniteness arguments in” slip op. at 7
Claim constructioncites PhillipsPatents in suitUS 12,001,549
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.