- PTAB · Aug 2, 2023 · IPR2023-00454 · APJ Daniel J Galligan · IPR · Institution
The Board instituted IPR on claims 1–15 on all asserted grounds, finding a reasonable likelihood that Samsung would show at least one claim obvious.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Decided for petitioner
“Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation (USPTO June 21, 2022) (“Interim Procedure”)6 provides that “the PTAB will not deny institution of an IPR or PGR under Fintiv . . . where a petitioner stipulates not to pursue in a parallel district 2 US 7,363,422 B2, issued Apr. 22, 2008 (Ex. 1071). 3 Joint Electron Devices Engineering Council (JEDEC) DDR2 SDRAM Specification (JESD79-2), September 2003 (Ex. 1064). 4 US 2006/0277355 A1, published Dec. 7, 2006 (Ex. 1073). 5 US 7,024,518 B2, issued Apr. 4, 2006 (Ex. 1078). 6 Available at https://www.uspto.gov/sites/default/files/documents/interim_proc_discretion ary_denials_aia_parallel_district_court_litigation_memo_20220621_.pdf. court proceeding the same grounds as in the petition or any grounds that could have reasonably been raised in the petition.” Interim Procedure 9. Petitioner has submitted such a stipulation for all claims in this proceeding, which are all of the claims of the ’417 patent. Ex. 1093; Paper 8 at 1; Paper 9 at 1. Thus, we do not exercise discretion to deny institution under 35 U.S.C. § 314(a).” slip op. at 5
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDecided for petitioner
“In evaluating arguments under Section 325(d), we use a two-part framework, determining, first, “whether the same or substantially the same art previously was presented to the Office or whether the same or substantially the same arguments previously were presented to the Office.” Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, 7 Chapter 31 (35 U.S.C. §§ 311–319) relates to inter partes review. IPR2019-01469, Paper 6 at 8 (PTAB Feb. 13, 2020) (precedential). If either condition of the first part of the framework is satisfied, we then determine “whether the petitioner has demonstrated that the Office erred in a manner material to the patentability of challenged claims.” Id.” slip op. at 6
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“competent evidence” to show that “the overall CAS latency of the memory module is greater than an actual operational CAS latency of each of the memory devices,” as recited in claim 1. Prelim. Resp. 44. We disagree. Petitioner presents detailed testimony from Dr. Wolfe explaining how Perego’s registered data transfers would have introduced delay. In particular, Dr. Wolfe, citing Perego’s disclosures of data latches and an internal clock to generate synchronizing clock signals (Ex. 1071, 12:65–13:5, 17:61–63, Fig. C), provides the following testimony: A Skilled Artisan would have understood from these disclosures that Perego’s latching of the data signals and the use of internal synchronizing clock signals adds a predetermined amount of time delay for each data transfer through the buffer because the output of the latch needs to be in synchronization with an internal clock. A Skilled Artisan would have understood that such registering of the data signals would require the addition of a fixed time delay, such as one clock cycle, for each registered data transfer through the circuitry with respect to the actual operational CAS latency of each of the plurality of memory integrated circuits. Ex. 1003 ¶ 360. Dr. Wolfe further explains how Perego’s “latching delays in the buffer device of Perego increase the overall CAS latency of the memory module compared to the CAS latency of the memory devices.” Ex. 1003 ¶ 362 (citing Ex. 1071, 12:65–13:5, 18:65–19:3, Figs. 5B, 5C). On this record, we find Petitioner’s evidence sufficiently persuasive to show that Perego teaches that “data transfers through the circuitry are registered for an amount of time delay such that the overall CAS latency of the memory module is greater than an actual operational CAS latency of each of the memory devices,” as recited in claim 1. We are sufficiently persuaded by Petitioner’s contentions for the” slip op. at 33
- Skill levelSkill level board ownOther
“To the extent necessary, and for purposes of this Decision, we accept the uncontested assessment offered by Petitioner, except that we delete the qualifier “at least” to eliminate vagueness as to the amount of experience. The qualifier expands the range indefinitely without an upper bound, and thus precludes a meaningful indication of the level of ordinary skill in the art.” slip op. at 11
Claim construction§ 102 anticipation§ 103 obviousnessDiscretionary denialcites KSRPatents in suitUS 11,093,417 - Crowdstrike, Inc v. Open Text Inc.InstitutedPTAB · Jul 21, 2023 · IPR2023-00289 · APJ Patrick M Boucher · IPR · Institution
The Board instituted IPR on claims 1–30 over the petition’s § 103 grounds, finding a reasonable likelihood that CrowdStrike would prevail on at least one challenged claim.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied
“even if we institute trial, there has been no actual denial of a stay as contemplated by Fintiv to weigh this factor against exercising discretion to deny institution. See Fintiv at 6–7. Conversely, we recognize that Patent Owner cites certain routine (nonbinding) Board decisions that have weighed this factor in favor of discretionary denial, even in the absence of any stay motion. See Prelim. Resp. 5–6. While we have considered such decisions, we find them of limited relevance to the specific facts before us, as applied within Fintiv’s binding guidance. We treat this factor as neutral.” slip op. at 13
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDenied
“Ex. 1002, 633–634. Divorced from the context of the rejection the Examiner was reconsidering, namely over the combination of Dozortsev and Kester, this argument conceivably supports Patent Owner’s position. But within that context, the Examiner evidently found convincing that it would not have been obvious to modify Dozortsev to automate mask generation in light of Kester’s teachings. It is not apparent that the Examiner considered whether it would have been obvious to modify Kester to incorporate such automation, particularly in light of the teachings of an additional reference that was not before the Examiner. See id. at 802–803 (Examiner declining to provide specific reasons for allowance). That is, we agree with Petitioner that the challenges it advances over Kester and Honig are different in character from the combination of Dozortsev and Kester that the Examiner considered. See Pet. 6. We necessarily consider the Applicant’s argument against the backdrop of the Dozortsev-Kester rejection that was at issue during prosecution, not how that argument might be differently perceived if it had been made with respect to the Kester-Honig challenge presented by Petitioner. We conclude that substantially the same art or arguments were not previously presented to the Office, such that the first part of the Advanced Bionics framework is not satisfied. We accordingly do not reach the second part of that framework in our evaluation, and we decline to exercise our discretion under 35 U.S.C. § 325(d) to deny the Petition.” slip op. at 21
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“f. Summary For the reasons discussed above, we conclude that Petitioner demonstrates a reasonable likelihood of prevailing on its challenge of independent claim 1 as unpatentable under 35 U.S.C. § 103(a) over Kester and Honig.” slip op. at 41
- Skill levelSkill level petitioner adoptedDecided for petitioner
“For purposes of this Decision, we adopt Petitioner’s proposal, which we find consistent with the level of skill reflected by the prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (the prior art may reflect an appropriate level of skill in the art). But we note that we would reach the same ultimate conclusion to institute inter partes review if we were to adopt Patent Owner’s proposal. See Ex. 2001 ¶ 65 (Dr. Medvidovic testifying that the “minor variations” in the parties’ proposals “would not alter [his] opinions”).” slip op. at 24
Claim construction§ 103 obviousnessDiscretionary denialcites Phillips · KSR · GrahamPatents in suitUS 8,418,250 - PTAB · Jul 20, 2023 · IPR2023-00379 · APJ Kara L Szpondowski · IPR · Institution
The Board instituted IPR on claims 9–20 based on the § 103 challenge over Drell, Knappe, and Elliott, finding a reasonable likelihood that claim 9 is unpatentable.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“partes review is authorized when “the information presented in the petition . . . and any 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) (2016). Based on the current record, and for the reasons explained below, we determine that Petitioner has established a reasonable likelihood that it would prevail with respect to at least one challenged claim. Accordingly, we institute an inter partes review.” slip op. at 2
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“Petitioner provides three reasons why it would have been obvious to a person of ordinary skill in the art to designate one of Drell’s endpoint users as a moderator, as taught by Knappe: (1) “doing so would beneficially allow the user (acting as the moderator) to initiate, organize, control, and influence the conference”; (2) “as there are a finite number of participants in a conference, it would have been obvious to try designating one of Drell’s endpoint users as a moderator”; and (3) the combination is “merely the ordinary use of a common technique (designating a conference endpoint as a moderator per Knappe) in the similar system of Drell to yield predictable results of initiating, organizing, controlling, and influencing the conference.” Pet. 17 (citing Ex. 1003 ¶¶ 151–152). Petitioner further contends that implementing Knappe’s mixers into Drell would produce beneficial results. Pet. 18 (citing Ex. 1003 ¶¶ 154– 159). For example, Petitioner contends that it would have been obvious to a person of ordinary skill in the art, “when implementing a mixer in Drell, to use a plurality of summers (one for each participant) as Knappe teaches, because this would allow for generating separate audio instances for each conference endpoint,” which would “complement Drell’s teaching of generating separate instances for each endpoint.” Id. (citing Ex. 1003 ¶¶ 156, 137; Ex. 1008, 2:19–21, 6:66–7:4). Petitioner further contends that a person of ordinary skill in the art “would have been motivated to implement Drell’s mixer, per Knappe’s teachings, to include a separate summer for each participant because doing so would allow for the exclusion of audio of the participant receiving the mixed audio, thereby avoiding undesirable audio effects.” Id. at 19 (citing Ex. 1003 ¶ 158).” slip op. at 32
§ 103 obviousnesscites KSR · GrahamPatents in suitUS 9,094,525 - PTAB · Jul 20, 2023 · IPR2023-00378 · APJ Kara L Szpondowski · IPR · Institution
Instituted IPR on claims 1–8 and all petition challenges after finding a reasonable likelihood that claims 1–4 are unpatentable over Drell, Knappe, and Voois.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“partes review is authorized when “the information presented in the petition . . . and any 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) (2016). Based on the current record, and for the reasons explained below, we determine that Petitioner has established a reasonable likelihood that it would prevail with respect to at least one challenged claim. Accordingly, we institute an inter partes review.” slip op. at 2
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundInstituted
“Drell would produce beneficial results. Pet. 19 (citing Ex. 1003 ¶¶ 154– 159). For example, Petitioner contends that it would have been obvious to a person of ordinary skill in the art, “when implementing a mixer in Drell, to use a plurality of summers (one for each participant) as Knappe teaches, because this would allow for generating separate audio instances for each conference endpoint,” which would “complement Drell’s teaching of generating separate instances for each endpoint.” Id. (citing Ex. 1003 ¶¶ 156, 137; Ex. 1008, 2:19–21, 6:66–7:4). Petitioner further contends that a person of ordinary skill in the art “would have been motivated to implement Drell’s mixer, per Knappe’s teachings, to include a separate summer for each participant because doing so would allow for the exclusion of audio of the participant receiving the mixed audio, thereby avoiding undesirable audio effects.” Id. at 20 (citing Ex. 1003 ¶¶ 158–160).” slip op. at 25
- Skill levelSkill level petitioner adoptedOther
“Petitioner asserts a person of ordinary skill in the art would have had a bachelor’s degree in computer science, computer engineering, or an equivalent, and three or more years of professional experience relating to conferencing systems in packet-based networks, or without said professional experience, further education relating to conferencing systems in packet-based networks.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Petitioner contends that a “mixed data stream” is a “data stream including at least audio data and video data,” which Petitioner asserts is supported by the claim language and Specification of the ’525 patent. Pet. 8–10. Patent Owner, as noted above, did not file a Preliminary Response in this proceeding and, therefore, has not proposed constructions for any claim term or challenged Petitioner’s proposed construction of “mixed data stream.” For purposes of this Decision, given that no claim terms are in controversy on the current record, we find that no express claim construction is necessary. 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 9
Claim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 9,094,525 - PTAB · Jul 20, 2023 · IPR2023-00382 · APJ Karl D Easthom · IPR · Institution
The Board instituted inter partes review of claims 19–29 on all asserted § 103 grounds, finding a reasonable likelihood that Petitioner would prevail.
RulingsInstitution decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“35 U.S.C. § 103 requires resolving the level of ordinary skill in the pertinent art at the time of the effective filing date of the claimed invention. Graham, 383 U.S. at 17. 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 in determining the level of ordinary skill in the art include the types of problems encountered in the art, the sophistication of the technology, and educational level of active workers in the field. Id. One or more factors may predominate. Id.” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“district-court-type standard, as described in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). See 37 C.F.R. § 42.100(b). Under this standard, claim terms have their ordinary and customary meaning, as would be understood by a person of ordinary skill in the art at the time of the invention, in light of the language of the claims, the specification, and the prosecution history. See Phillips, 415 F.3d at 1313–14. Petitioner relies on the ordinary and customary meaning under Phillips. Pet. 7–8. At this stage, it is not necessary to construe explicitly any claim terms, because any explicit construction would not alter the outcome. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (stating that “we need only construe terms ‘that are in controversy, and only to the extent necessary to resolve the” slip op. at 8
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“obviousness showing for purposes of institution. Accordingly, we determine that Petitioner shows a reasonable likelihood that it would prevail with respect to its contention that claim 19 would have been obvious over Knappe, Elliott, VPN Textbook, and Hendricks.” slip op. at 32
Claim constructioncites KSR · GrahamPatents in suitUS 9,843,612 - PTAB · Jul 20, 2023 · IPR2023-00380 · APJ Karl D Easthom · IPR · Institution
The Board instituted IPR on claims 10–18 based on the § 103(a) obviousness ground over Drell, Knappe, Elliott, Hendricks, and Doganata.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“review. See 35 U.S.C. § 314 (2018); 37 C.F.R. § 42.4(a) (2023). Institution of an inter partes review requires that “the information presented in the petition and . . . any 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 set forth below, we determine that there is a reasonable likelihood that Petitioner will prevail with respect to at least one challenged claim. Accordingly, we institute an inter partes review of the ’612 patent.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“The subject matter of the ’612 patent generally relates to the technical field of audio/video conferencing systems. A Person of Ordinary Skill in the Art (“POSITA”) in March 2003 would have had a working knowledge of the conferencing art. Ex._1003 ¶ 27. A POSITA would have had a bachelor’s degree in computer science, computer engineering, or an equivalent, and three or more years of professional experience relating to conferencing systems in packet-based networks, or without said professional experience, further education relating to conferencing systems in packet-based networks. Id. ¶¶24–27.” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Petitioner relies on the ordinary and customary meaning under Phillips. Pet. 7–8. At this stage, it is not necessary to construe explicitly any claim terms, because any explicit construction would not alter the outcome. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (stating that “we need only construe terms ‘that are in controversy, and only to the extent necessary to resolve the controversy’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).” slip op. at 8
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundInstituted
“on Elliott as supplementing Drell’s teachings “by showing that it was known, when using an ‘Internet Protocol-based (IP-based) network 18 for multi-media collaboration,’ to secure the communications using a ‘virtual private network (VPN) . . . which uses IP or IP-tunneling.’” Pet. 32 (quoting Ex. 1007, 4:11–32; citing Ex. 1007, 2:66–32 (“Multi-media collaboration” includes “voice, fax, data, video, etc.”)). Therefore, Petitioner contends, “[i]t would have been obvious . . . to utilize VPN tunneling in Drell’s system for communicating audio and video data over Drell’s Internet network 106 because it would secure communications in Drell’s system.” Id. at 32–33 (Ex. 1003 ¶¶ 158–172, 194–195). Finally, Petitioner relies on Hendricks as supplementing “Drell’s” slip op. at 17
Claim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 9,843,612 - PTAB · Jul 20, 2023 · IPR2023-00377 · APJ Charles J Boudreau · IPR · Institution
The Board instituted IPR on claims 1–12 on all asserted grounds, finding a reasonable likelihood that at least one challenged claim would be shown unpatentable.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“review. See 35 U.S.C. § 314 (2018); 37 C.F.R. § 42.4(a) (2023). Institution of an inter partes review requires that “the information presented in the petition and . . . any 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 set forth below, we determine that there is a reasonable likelihood that Petitioner will prevail with respect to at least one challenged claim. Accordingly, we institute an inter partes review as to all challenged claims of the ’332 patent on the grounds of unpatentability presented.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“working knowledge of the available audio and video conferencing art. Ex_1003 ¶27. A POSITA would have had a bachelor’s degree in computer science, computer engineering, or an equivalent, and three or more years of professional experience relating to conferencing systems in packet-based networks, or without said professional experience, further education relating to conferencing systems in packet-based networks. Id. ¶¶24-28.” slip op. at 11
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“standard as would be used by a district court to construe a claim in a civil action involving the validity or infringement of a patent. 37 C.F.R. § 42.100(b). Under that standard, claim terms are given their ordinary and customary meaning, as would have been understood by a person of ordinary claims, the specification, and the prosecution history of record. Id.; Phillips v. AWH Corp., 415 F.3d 1303, 1312–19 (Fed. Cir. 2005) (en banc); Thorner v. Sony Comput. Entm’t Am. LLC, 669 F.3d 1362, 1365–66 (Fed. Cir. 2012). “The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (quoting Vivid Techs., Inc. v. Am. Sci. Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))). Petitioner relies on the ordinary and customary meaning under Phillips. Pet. 9–10. Based on the current record and without any opposition from Patent Owner, we discern no need for express construction of any term to resolve any controversy at this stage of the proceeding.” slip op. at 11
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundInstituted
“3:41–49, Fig. 1; Ex. 1007, code (57), 5:35–39, 6:1–11, 8:16–39, Fig. 1). Further, Petitioner argues, the person of ordinary skill “would have been motivated to combine the teachings of Knappe and Elliott to produce . . . obvious, beneficial, and predictable results,” including “the sharing of collaboration data in a multiparty conference” and “the use of a VPN to protect communications between conference participants.” Id. at 21–25 (citing Ex. 1003 ¶¶ 136, 138–153). For example, Petitioner argues, “[e]xchanging collaboration data was standardized (e.g., under the T.120 standard) and VPN tunneling was conventional by the time of Knappe and Elliott and the earliest claimed priority of the ’332 patent,” and “implement[ing] Knappe’s transmission of various types of data as collaboration data” “would have been obvious . . . in view of Elliott’s teachings . . . because this type of collaboration data would allow a greater variety of information among the participants, improving the experience and enhancing the effectiveness of collaboration in a variety of contexts.” Id. at 22 (citing Ex. 1003 ¶¶ 140–141). Still further, Petitioner contends, “[s]uch a combination would have simply involved combining prior art element according to known elements to yield predictable results, namely allowing participants in Knappe’s system to share various types of data during a conference for collaboration purposes.” Id. at 23 (citing Ex. 1003 ¶ 144). On the preliminary record before us and in the absence of any counterargument from Patent Owner, we are persuaded for purposes of this Decision that Petitioner provides a rational underpinning to support combining the teachings of Knappe and Elliott and makes a sufficient showing with respect to this limitation.” slip op. at 29
Claim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,253,332 - Ford Motor Company v. Neo Wireless, LLCInstitutedPTAB · Jul 17, 2023 · IPR2023-00764 · APJ Hyun J Jung · IPR · Institution
The Board instituted IPR on claims 1–30 and all asserted grounds, and granted Ford’s motion to join the Volkswagen IPR as an understudy petitioner.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Under 35 U.S.C. § 314, an inter partes review may not be instituted “unless . . . there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” For the reasons that follow, we determine that institution of inter partes review is warranted on the same grounds instituted in the Volkswagen IPR and grant Petitioner’s Motion for Joinder.” slip op. at 2
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“we are persuaded that it is appropriate under these circumstances to join Petitioner to the Volkswagen IPR. Petitioner challenges the same claims that are challenged in the Volkswagen IPR on the same grounds using the same prior art and evidence. Petitioner explicitly agrees that it will take an “understudy role” in the Volkswagen IPR, and has shown that the trial schedule will not be affected at all by joinder. See Mot. 8, 9, 10; Mot. Reply 2; see also Opp. 2 (“Ford has said it ‘will remain in the understudy role’ until the target IPR petitioner is no longer a party in the proceeding.”). At this stage, Patent Owner’s additional conditions are not necessary. See Opp. 2–3. If Petitioner fails to abide by its own conditions, then Patent Owner should meet and confer with Petitioner and contact the Board, if the parties cannot come to an agreement. would result in the just, speedy, and inexpensive resolution of Petitioner’s challenge. See 37 C.F.R. § 42.1(b). Accordingly, we grant Petitioner’s Motion for Joinder and join Petitioner as a party to the Volkswagen IPR.” slip op. at 14
NonePatents in suitUS 10,965,512 - PTAB · Jun 23, 2023 · IPR2023-00406 · APJ Jon M Jurgovan · IPR · Institution
The Board instituted review on the petition’s challenge and joined Micron as a petitioner in IPR2022-00996, with the grounds unchanged.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“The standard for instituting an inter partes review is set forth in 35 U.S.C. § 314(a), which provides that an inter partes review may not be instituted unless the information presented in the Petition and any preliminary response shows “there is a reasonable likelihood that the” slip op. at 2
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“instituted in IPR2022-00996 (“996 IPR”) based on a petition filed by Samsung Electronics Co., Ltd. (“Samsung”). 996 IPR, Papers 1, 10. In this proceeding, Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron Technology Texas LLC (collectively “Petitioner”) concurrently filed a Petition (Paper 1) and a Motion for Joinder (Paper 3) seeking to be joined as a petitioner in the 996 IPR. Petitioner represents that Samsung, the petitioner in the 996 IPR, does not oppose joinder. Motion 2. Patent Owner did not file an opposition to the Motion. The statute governing inter partes review joinder states the following: JOINDER.—If the Director institutes an inter partes review, the Director, in his or her discretion, may join as a party to that inter partes review any person who properly files a petition under section 311 that the Director, after receiving a preliminary response under section 313 or the expiration of the time for filing such a response, determines warrants the institution of an inter parties review under section 314.” slip op. at 2
NonePatents in suitUS 11,016,918 - PTAB · Jun 23, 2023 · IPR2023-00405 · APJ Jon M Jurgovan · IPR · Institution
The Board instituted review on the petition’s challenges and granted Micron’s motion to join IPR2022-00999, with its grounds and schedule unchanged.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“The standard for instituting an inter partes review is set forth in 35 U.S.C. § 314(a), which provides that an inter partes review may not be instituted unless the information presented in the Petition and the Preliminary Response shows “there is a reasonable likelihood that the” slip op. at 2
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“instituted in IPR2022-00999 (“999 IPR”) based on a petition filed by Samsung Electronics Co., Ltd. (“Samsung”). 999 IPR, Papers 1, 11. In this proceeding, Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron Technology Texas LLC (collectively “Petitioner”) concurrently filed a Petition (Paper 1) and a Motion for Joinder (Paper 3) seeking to be joined as a petitioner in the 999 IPR. Petitioner represents that Samsung, the petitioner in the 999 IPR, does not oppose joinder. Motion 2. Patent Owner did not file an opposition to the Motion.” slip op. at 2
NonePatents in suitUS 11,232,054
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.