- Tanklogix, LLC v. Sitepro, Inc.Institution deniedPTAB · Oct 10, 2025 · IPR2025-00651 · APJ Bart A Gerstenblith · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood that claims 1–3, 6, 7, and 9–20 were unpatentable over any asserted ground.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsDenied
“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) (2024). For the reasons given below, on this record Petitioner has not established a reasonable likelihood that it would prevail in showing the unpatentability of any of the Challenged Claims. Accordingly, we do not institute an inter partes review.” slip op. at 2
- Skill levelSkill level patent owner adoptedDecided for patent owner
“The parties’ proposed levels of ordinary skill in the art are similar, although Patent Owner proposes two years of experience along with a bachelor’s degree whereas Petitioner proposes “significant” experience. Patent Owner also proposes an alternative with more extensive experience in lieu of a bachelor’s degree. Although we find Petitioner’s proposed qualifications acceptable, we adopt Patent Owner’s proposed qualifications for the purposes of this Decision because they offer a wider range of qualifications that nonetheless comport with the level of ordinary skill necessary to understand and implement the teachings of the ’680 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001); In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995); In re Oelrich, 579 F.2d 86, 91 (CCPA 1978). Our analysis and findings herein, however, do not turn on any differences in the parties’ proposed qualifications.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“target value” is part of a command that is sent from a computing device to a server and then to a controller. The controller then receives a measurement of the fluid by a sensor and determines whether the measurement satisfies the “target value.” If the measurement does not satisfy the “target value,” further operations are undertaken. The recited operation sequence makes clear that the plain and ordinary meaning of “target value” is not as Dr. Wooley opines because the particular operating condition that a device is in at a particular time is represented by the measurement taken by the sensor, 11 Some claim language less relevant to construing “target value” was omitted for ease of reference. which the controller then uses to determine whether the measurement satisfies the “target value.” Additionally, claim 1 recites that the “target value” is sent as part of a command to the controller. The “target value” is not sent to the controller from the sensor, as might be expected if the plain and ordinary meaning of “target value” were as Dr. Wooley opines. Petitioner and Dr. Wooley’s construction would also result in “target value” meaning effectively the same thing as the measurement of the fluid by the sensor, a concept that is separately recited in claim 1 and to which the “target value” is compared. The Specification of the ’680 patent does not support Petitioner’s understanding of the plain and ordinary meaning of “target value.” Although the Specification does not recite “target value,” it recites “target state,” and describes “target state” sufficiently to understand the plain and ordinary meaning of “target” as used in “target value” and “target state.” In particular, the ’680 patent explains that “[i]n some embodiments, the process 104 includes receiving, via a network interface, from a remote user device, (e.g., via a command-center server) a command to change a state of a fluid-handling device to a target state.” Ex. 1001, 11:48–51. This portion reflects that the command is seeking to change a state of a fluid-handling device to a target state. In other words, the “target value” or “target state” is not generally “the particular operating condition that a device is in at a particular time”; rather, it is a value or state that the fluid-handling device is desired to be in, as Patent Owner and Dr. Durham explain. Additionally, just as claim 1 recites a directional component for the “target value” to be sent to the controller in a command, so too does the Specification describe a “target state” as being sent in a command from a remote user device. Thus, the Specification clearly supports the plain and ordinary meaning proposed by Patent Owner and Dr. Durham and not the plain and ordinary meaning proposed by Petitioner and Dr. Wooley. slip op. at 14
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“time-stamped process data, report exception therein to the remote host, and extract and transmit time-stamped process data to the remote host.” Ex. 1005, Abst. (emphases added). Almadi explains that its remote field systems must include a plurality of controller units “to issue commands to, and gather and process data from a plurality of field devices, including remote systems and instruments, . . . [and] a database server for the storage of process data retrieved from the remote subsystems and instruments.” Id. at 2:22–30 (emphases added). Based on these disclosures, we agree with Patent Owner that Petitioner has not established that Almadi discloses element [1.4]. Specifically, the teachings from Almadi identified by Petitioner refer to process data, which is data retrieved from the remote subsystems/field devices. Thus, we understand that Almadi’s teaching—of using an Ethernet switch to transmit “process data”—describes transmitting data from the remote subsystems/field devices. See Ex. 1005, 3:13–17, cited in Pet. 15. But claim 1 and particularly element [1.4], recites “sending, with the server, the target value to the network address [which identifies a controller of the fluid-handling device13] via the network,” which is different than sending process data from the field devices to the remote host or database server for storage.” slip op. at 19
Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,175,680 - Tanklogix, LLC v. SiteproInstitution deniedPTAB · Oct 10, 2025 · IPR2025-00650 · APJ Sheila F Mcshane · IPR · Institution
The Board denied institution because Petitioner did not show a reasonable likelihood that claims 18–32 and 34 were unpatentable over Kahn or Kahn and Gutierrez.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“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) (2024). Upon consideration of the Petition, the Preliminary Response, and the evidence of record, we determine that Petitioner has not established a reasonable likelihood of prevailing with respect to the unpatentability of at least one claim of the ’871 patent. Accordingly, for the reasons that follow, we decline to institute an inter partes review of claims 18–32 and 34 of the ’871 patent.” slip op. at 2
- Skill levelSkill level patent owner adoptedDecided for patent owner
“The respective proposed levels of qualifications for a person of ordinary skill in the art are similar, with Patent Owner proposing two years of experience compared to Petitioner proposing significant experience with remotely controlling fluid-handling devices, like SCADA systems. Patent Owner also proposes more extensive experience in lieu of educational experience. While we find Petitioner’s proposed qualifications to be acceptable, we adopt Patent Owner’s proposed qualifications for the purposes of this Decision because they offer a wider range of qualifications that nonetheless comport with the level of skill necessary to understand and implement the teachings of the ’871 patent and the asserted prior art. Our analysis and findings herein, however, do not turn on any differences in the qualifications adopted.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“We determine that we need not expressly construe any claim terms to resolve the parties’ disputes on the current record. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (“[W]e 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 10
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable
“actuators and the remote control of fluid handling devices, including the receipt with the user-interface module of “a user command to actuate an actuator via a presented control interface” (limitation [18.7]) and “account authorized to send commands to remotely control fluid handling devices” (limitation [18.11]). We agree with Patent Owner that the Petition fails to demonstrate that Kahn discloses or teaches these limitations because the evidence does not provide support that there is remote control of fluid handling devices or the use of a user command on a control interface to send a command to a fluid handling device, for instance. Kahn is directed to providing access to fluid sensing data and analyzing and providing visual information on that data, but we do not discern that it teaches or discloses the capability to remotely control fluid handling devices. See, e.g., Ex. 1005, code (54), 1:27–36, 2:50–3:2. More specifically, the Kahn disclosures that Petitioner repeatedly relies upon for allegedly teaching this control are deficient. See Ex. 1005, 10:62–67, 14:35– 15:2, 15:62–16:32; see also Pet. 12–14, 16–18. Kahn discloses that “the communication unit 112B can include on-site alerts such as optical (indicator lights), audible alerts (e.g., alarm sounds), tactile (e.g., vibration of the unit) or can be interfaced to an appropriate control valve for simply shutting off the supply of fluid upon the detection of emergency events, for instance.” Ex. 1005, 10:62–67. Communication unit 112B is part of the local “sensor unit,” wherein the detection conditions determined by the sensor are communicated to remote devices by communication unit 112B. See id. at 3:31–33, 5:62–6:2, 6:27–35, 7:33–37, 13:7–12, Figs. 1A–1C. Kahn discloses that the sensor units, which include communication units 112B, can be located near shut-off valves and can communicate with distant locations. See id. at 11:1–13. There are no disclosures, however, in the above passages that there is remote control of fluid handling devices, that there is a user command on a control interface that actuates an actuator, or that there is a command sent to the facility actuators via a network connection, as required in limitations [18.5]–[18.7] and [18.9]–[18.12], respectively. Rather, the disclosure indicates that the communication unit 112B includes on-site alerts and that the local (non-remote) communication unit 112B can be interfaced with the control valve.” slip op. at 18
Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,488,871 - Skullcandy, Inc. v. Earin ABInstitution deniedPTAB · Sep 15, 2025 · IPR2025-00690 · APJ Monica S Ullagaddi · IPR · Director review
The Board denied institution because the petition did not show a reasonable likelihood that claims 20 and 21 were unpatentable on any asserted obviousness ground.
RulingsDirector review decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“review. See 35 U.S.C. § 314 (2018); 37 C.F.R. § 42.4(a) (2023). 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 Director determines . . . there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” Having considered the parties’ arguments and the evidence of record, we determine that, for the reasons discussed herein, Petitioner does not demonstrate a reasonable likelihood that it would prevail with respect to at least one of the challenged claims. We thus decline to institute an inter partes review on all challenged claims on all asserted grounds. See SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348, 1354, 1359–60 (2018).” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“may be considered, including the “type of problems encountered in the art; prior art solutions to those problems; rapidity with which innovations are made; sophistication of the technology; and educational level of active workers in the field.” In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (citing Custom Accessories, Inc. v. Jeffrey–Allan Indus., Inc., 807 F.2d 955, 962 (Fed.Cir.1986)).” slip op. at 7
- BurdenNot shown unpatentable
“Analysis of the Parties’ Contentions We agree with Patent Owner that the Petition is conclusory––the Cooperstock Declaration merely reiterates the position set forth in the Petition and does not provide sufficient detail or explanation of why Olodort’s “low power state” would have been understood by a POSITA to mean that “existing connections to a second wireless earbud and to a wireless audio streaming host device will be disconnected,” as recited in claim 20. 37 C.F.R. § 42.65(a) (“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.”); see Pet. 23–24; Ex. 1007 ¶¶ 84–87. We further agree that claim 38 is not directed to entering “a standby mode” as it recites “the low power state is a standby mode from which the second earpiece is awakened in response to detecting that the second earpiece has been attached to an ear.” Ex. 1002, claim 38 (emphasis added). As such, we agree with Patent Owner that Olodort’s “claim 38 contains no disclosure concerning what happens to ‘existing connections’ when exiting, let alone entering, the ‘standby mode.’” See Prelim. Resp. 9 (citing Ex. 1002, claims 32, 34, 38). We further agree with Patent Owner that the Cooperstock Declaration in paragraphs 86 and 87 sets forth an alternative obviousness theory “based on a modification to Olodort to add ‘circuitry for disconnecting the earbuds from one another and from any wireless audio streaming host device when in the low power state’” that is improperly incorporated by reference into the Petition. Prelim. Resp. 10–11 (emphasis added) (citing 35 U.S.C. § 312(a)(3) (A petition for inter partes review “may be considered only if . . . the petition identifies, in writing and with particularity . . . the evidence that supports the grounds for challenged to each claim.”); 37 C.F.R. § 42.104(b)(4) (“The petition must specify where each element of the claim is found in the prior art patents or printed publications relied upon.”); 37 C.F.R. § 42.6(a)(3) (“Arguments must not be incorporated by reference from one document into another.”)). As such, we need not and do not consider this alternative obviousness theory.” slip op. at 18
- Expert testimonyDecided for patent owner
“Analysis of the Parties’ Contentions We agree with Patent Owner that the Petition is conclusory––the Cooperstock Declaration merely reiterates the position set forth in the Petition and does not provide sufficient detail or explanation of why Olodort’s “low power state” would have been understood by a POSITA to mean that “existing connections to a second wireless earbud and to a wireless audio streaming host device will be disconnected,” as recited in claim 20. 37 C.F.R. § 42.65(a) (“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.”); see Pet. 23–24; Ex. 1007 ¶¶ 84–87. We further agree that claim 38 is not directed to entering “a standby mode” as it recites “the low power state is a standby mode from which the second earpiece is awakened in response to detecting that the second earpiece has been attached to an ear.” Ex. 1002, claim 38 (emphasis added). As such, we agree with Patent Owner that Olodort’s “claim 38 contains no disclosure concerning what happens to ‘existing connections’ when exiting, let alone entering, the ‘standby mode.’” See Prelim. Resp. 9 (citing Ex. 1002, claims 32, 34, 38). We further agree with Patent Owner that the Cooperstock Declaration in paragraphs 86 and 87 sets forth an alternative obviousness theory “based on a modification to Olodort to add ‘circuitry for disconnecting the earbuds from one another and from any wireless audio streaming host device when in the low power state’” that is improperly incorporated by reference into the Petition. Prelim. Resp. 10–11 (emphasis added) (citing 35 U.S.C. § 312(a)(3) (A petition for inter partes review “may be considered only if . . . the petition identifies, in writing and with particularity . . . the evidence that supports the grounds for challenged to each claim.”); 37 C.F.R. § 42.104(b)(4) (“The petition must specify where each element of the claim is found in the prior art patents or printed publications relied upon.”); 37 C.F.R. § 42.6(a)(3) (“Arguments must not be incorporated by reference from one document into another.”)). As such, we need not and do not consider this alternative obviousness theory.” slip op. at 18
§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,402,120 - Meta Platforms, Inc. v. Sitnet LLCAll claims unpatentablePTAB · Sep 8, 2025 · IPR2024-00529 · APJ Neil T Powell · IPR · Final written decision
Claims 1–9 and 20 are unpatentable as obvious; claims 10–19 are cancelled by adverse judgment after Patent Owner’s request.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“had a bachelor’s degree in Computer or Electrical Engineering or equivalent discipline, and approximately two years’ experience in telecommunications or computer networking,” adding that “[a]dditional education could substitute for professional experience, and significant work experience could substitute for formal education.” Pet. 9 (citing Ex. 1003 ¶¶ 45–46).” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for patent owner
“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. 8. Independent claim 1 recites “creating, by an event node server, an event node in a multi-dimensional personal information network, the event node corresponding to a situation,” “transmitting an invitation to establish a link with the event node server to the devices corresponding to each node in the projection formed in step (b),” “receiving a response from at least one of the devices from step (c) accepting the invitation to establish a link with the event node server,” and “establishing a link with each device accepting the invitation.” Ex. 1001, 33:21–35; see also PO Resp. 3 (emphasizing claim 1’s recitations that the “event node” is “in a multi-dimensional personal information network” and “correspond[s] to a situation.”). Claim 20 includes similar recitations related to the “event node.” Ex. 1001, 34:45–64. In view of this, we determine that the claim language itself provides sufficient meaning for the term “event node” and further construction is not necessary.9” slip op. at 10
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“event node.” Petitioner persuades us that Amidon’s architecture provides a social network (the recited “situational network”) and the social network conference within the social network is the event node. In particular, the evidence demonstrates that Amidon separately teaches a social network and a social network conference. For example, as Petitioner notes, Amidon suggests that a conference may include a subset of the users in its social network, such as “all users currently listening to the same song” or “a subset of a social network circuit related to a game when the subset includes three or more people.” Ex. 1005, 13:6514:3, 14:22–27; Pet. 20–22; see also Ex. 1005, 13:57–14:29. Therefore, Patent Owner’s argument that the social network conference is the social network (see Sur-reply 6–8), rather than the event node, does not persuasively address Petitioner’s contentions.10 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. 7–10; Pet. 19–20; Reply 7–8. The parties do not dispute that Amidon’s social network conference is defined by a data structure. PO Resp. 11–13 (e.g., “Fig. 3 shows a database entry for a conference.”); Reply 7. We find persuasive Petitioner’s argument that “the conference itself (as defined by the stored data and accessible via window 200) is the claimed event node.” Reply 7. slip op. at 20
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“Weighing the Parties’ arguments and evidence, Petitioner persuades us that a person of ordinary skill in the art would have had motivation to configure Wong’s social network with an ad-hoc communication network like Gogic’s, as well as a reasonable expectation of success. As Petitioner argues, Gogic’s disclosure that the ad-hoc communication network “may allow emergency services to be more efficiently or more appropriately deployed” would have motivated adding such an ad-hoc communication network to Wong’s system. Pet. 48; Ex. 1007, 4:20–24. Additionally, contrary to Patent Owner’s arguments, Petitioner’s evidence demonstrates technical compatibility of the references’ disclosures. As Petitioner notes, Gogic discloses using its approach with a wide range of technologies, including “portable or desktop computers.” Ex. 1007, 4:46– 49; Pet. 48. Wong likewise discloses implementing its social network with a wide range of technologies, such as “laptops, desktops, handheld, personal digital assistants, personal digital assistants, [or] mobile telephones.” Ex. 1006 ¶ 17; Pet. 49. These disclosures show that a person of ordinary skill in the art would have had a reasonable expectation of success implementing Gogic’s method in Wong’s social network using, for example, desktop computers.11 Patent Owner recognizes that Gogic discloses implementing its system with desktop computers. PO Resp. 22. But Patent Owner contends that a person of ordinary skill in the art would not have known how to implement Gogic’s invention, such as its location determination, using desktop computers. Id. This argument does not recognize that, as a prior art patent, Gogic is presumed enabled, including its disclosure of using desktop computers to implement its system. Apple Inc. v. Corephotonics, Ltd., 861 F. App’x 443, 450 (Fed. Cir. 2021) (nonprecedential; inter partes review context); Amgen Inc. v. Hoechst Marion Roussel, Inc., 314 F.3d 1313, 1354 (Fed. Cir. 2003). Patent Owner’s arguments and evidence do not rebut this presumption. For example, Dr. Rubin’s testimony that “from the descriptions and figures provided in Gogic it would suggest that location is determined via technologies specific to wireless networks and telecommunications” does not persuade us that Gogic fails to enable 11 Accordingly, Patent Owner’s argument about the difficulties of modifying Gogic to use Wong’s social network are inapposite. PO Resp. 24. implementing its approach with desktop computers, such as those used in Wong. Ex. 2009 ¶ 87 (emphasis added). To the extent Gogic suggested wireless technologies as a way to determine location, that does not detract from Gogic’s disclosure of using other technologies, including desktop computers, to implement its invention.” slip op. at 35
Patent outcomesUS 8,332,454 unpatentableClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 8,332,454 - Meta Platforms, Inc. v. Sitnet, LLCAll claims unpatentablePTAB · 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 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,249,932 - Meta Platforms, Inc. v. Sitnet, LLCAll claims unpatentablePTAB · 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 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,470,682 - Meta Platforms, Inc. v. Sitnet, LLCAll claims unpatentablePTAB · 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 unpatentableClaim construction§ 101 eligibility§ 103 obviousnesscites Alice · Mayo · Bilski · Phillips · KSR · GrahamPatents in suitUS 9,877,345 - Google LLC v. Metarail, Inc.Rehearing deniedPTAB · Aug 25, 2025 · IPR2024-01271 · APJ Frances L Ippolito · IPR · Rehearing
The Board denied Google’s rehearing request, leaving institution denied for claims 1–21 because the petition did not show a reasonable likelihood that Belanger-Halevy taught limitation [1B].
RulingsRehearing decision- RehearingRehearing, deniedDenied
“II. ANALYSIS A request for rehearing “must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed in a motion, an opposition, a reply or sur-reply.” 37 C.F.R. § 42.71(d). The party challenging a decision bears the burden of showing the decision should be modified. Id. We address Petitioner’s rehearing arguments below.” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“variable data database’ as required by claim 1.” Dec. 22. We discussed and quoted extensively from Petitioner’s expert declaration of Dr. Fox and Patent Owner’s expert declaration of Dr. Malek. Id. at 22–26 (citing Ex. 1003 ¶ 94; Ex. 2001 ¶¶ 68, 70). In reviewing the parties’ submissions, we found that: Halevy’s disclosures are consistent with Patent Owner’s arguments and Dr. Malek’s testimony that Halevy does not teach mapping fields to one another or mapping of fields to one another through SO-properties. For example, as described, in Figure 6 and Halevy as a whole, Halevy does not teach or suggest mapping or linking different keywords to one another, rather the keywords are mapped to SO-properties.” slip op. at 5
- Expert testimonyPatent owner expert creditedPetitioner expert discountedDecided for patent owner
“Dr. Fox states that “Halevy’s disclosure of a form database in which corresponding fields from different forms on different websites map to the same SO-properties based on the SO-class identified for the form would have been recognized by a POSA as what the ’342 patent refers to as a universal variable map.” Ex. 1003 ¶ 98 (citing Ex. 1001, 17:48– 52). Based on this conclusory opinion, Dr. Fox reasons that Halevy’s form database is a “universal variable map” that must also link computer-readable field identifiers from multiple different websites to each other in the form database, because field identifiers are mapped to the same SO-properties associated with an SO-class.” Id. (emphasis omitted). We observe first that Dr. Fox’s conclusion is not supported by the cited portions of the ’342 patent. In column 17, lines 48–52, the ’342 patent explains that fields or variables may be part of forms, and variations of the data fields or variables “may include a source form, a destination form, a single source to many destination form, many sources to one destination form, cascading forms (e.g., a first form links to a second form which links to a third form, etc.) and so on.” Ex. 1001, 17:48–52. While this portion of the ’342 patent indicates that forms may include variations on fields or variables, it does not describe linking or mapping variables to one another. Ex. 2001 ¶ 75 (“[T]hat portion of the specification does not have anything to do with the definition of a “universal variable map.” Rather, it merely discusses different types of variables and fields that might appear in different types of forms.”). Dec. 28–29. We again referred to the disclosure of the ’342 patent to address evidence in the Petition relied upon by Dr. Fox to support Petitioner’s position. Id. We credited Dr. Malek’s testimony over Dr. Fox’s testimony because Dr. Malek underlined the distinctions between the asserted Belanger-Halevy prior art combination and limitation [1B]. Dec. 28–31. In short, any confusion applying the prior art Belanger-Halevy references to the claim limitation is rooted in the Petition. The Board denied the Petition because the Petition did not demonstrate a reasonable likelihood of showing that Belanger-Halevy discloses or teaches limitation [1B] of the ’342 patent.” slip op. at 5
NonePatents in suitUS 10,262,342 - Google LLC v. Metarail, Inc.Rehearing deniedPTAB · Aug 25, 2025 · IPR2024-01270 · APJ Frances L Ippolito · IPR · Rehearing
The Board denied Google’s rehearing request, leaving in place the denial of institution because the Petition did not show a reasonable likelihood that Belanger-Halevy teaches limitation [1C] of claims 1–26.
RulingsRehearing decision- RehearingRehearing, deniedDenied
“II. ANALYSIS A request for rehearing “must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed in a motion, an opposition, a reply or sur-reply.” 37 C.F.R. § 42.71(d). The party challenging a decision bears the burden of showing the decision should be modified. Id. We address Petitioner’s rehearing arguments below.” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“[m]issing, however, from Halevy’s disclosure is any teaching or suggestion that a ‘plurality of computer-readable field identifiers’ are mapped ‘to one another’ as required by claim 1.” Dec. 22. We discussed and quoted extensively from Petitioner’s expert declaration of Dr. Fox and Patent Owner’s expert declaration of Dr. Malek. Id. at 22–26 (citing Ex. 1003 ¶ 104; Ex. 2001 ¶¶ 69, 71). In reviewing the parties’ submissions, we found that: Halevy’s disclosures are consistent with Patent Owner’s arguments and Dr. Malek’s testimony that Halevy does not teach mapping fields to one another or mapping of fields to one another through SO-properties. For example, as described, in Figure 6 and Halevy as a whole, Halevy does not teach or suggest mapping or linking different keywords to one another, rather the keywords are mapped to SO-properties. slip op. at 5
- Expert testimonyPatent owner expert creditedPetitioner expert discountedDecided for patent owner
“Dr. Fox states that “Halevy’s disclosure of a form database in which corresponding fields from different forms on different websites map to the same SO-properties would have been recognized by a POSA as what the ’378 patent refers to as a universal variable map.” Ex. 1003 ¶ 108 (citing Ex. 1001, 17:42–46). Based on this conclusory opinion, Dr. Fox reasons that Halevy’s form database is a “universal variable map” that must also link computer-readable field identifiers (including parameter names) from multiple different websites to each other in the form database, because the field identifiers are mapped to the same SO-properties associated with an SO-class. Id. We observe first that Dr. Fox’s conclusion is not supported by the cited portions of the ’378 patent. In column 17, lines 42–46, the ’378 patent explains that fields or variables may be part of forms and variations of these data fields or variables “may include a source form, a destination form, a single source to many destination form, many sources to one destination form, cascading forms (e.g., a first form links to a second form which links to a third form, etc.) and so on.” Ex. 1001, 17:42–46. While this portion of the ’378 patent indicates that forms may include variations on fields or variables, it does not describe any linking or mapping of variables to one another. Ex. 2001 ¶ 76 (“[T]hat portion of the specification does not have anything to do with the definition of a “universal variable map.” Rather, it merely discusses different types of variables and fields that might appear in different types of forms.”). Dec. 28–29. We again referred to the disclosure of the ’378 patent to address evidence in the Petition relied upon by Dr. Fox to support Petitioner’s position. Id. We credited Dr. Malek’s testimony over Dr. Fox’s testimony because Dr. Malek underlined the distinctions between the asserted Belanger-Halevy prior art combination and limitation [1C]. Dec. 28–31. In short, any confusion applying the prior art Belanger-Halevy references to the claim limitation is rooted in the Petition. The Board denied the Petition because the Petition did not demonstrate a reasonable likelihood of showing that Belanger-Halevy discloses or teaches limitation [1C] of the ’378 patent.” slip op. at 5
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for patent owner
“Finally, with regard to the Reply and Sur-Reply submitted by the parties (Req. 9), we note that our Decision on Institution reviewed the parties’ discussion of claim construction, but ultimately determined that “[b]ased on our review of the preliminary record, we do not need to construe any terms expressly to reach our decision.” Dec. 11. Thus, we disagree with Petitioner that we misconstrued the mapping limitation where we did not find it necessary to construe any claim term for the purposes of our institution decision because we determined the Petition deficient for failing to meet our threshold requirements as discussed above and in detail in the Decision on Institution. See Req. 1–11.” slip op. at 7
Claim constructionPatents in suitUS 9,633,378 - PTAB · Aug 13, 2025 · IPR2025-00068 · APJ Neil T Powell · IPR · Remand
On remand, the Board denied institution of IPR challenging claims 1–21, applying the construction of “association” used in the parallel petition.
RulingsRemand decision- RemandOther
“The Director Review Decision determined that we should not have instituted inter partes review in both proceedings. DR 1. Instead, we “should have construed [‘association’] and instituted review of, at most, one of the petitions.” Id. at 3. Given this, the Director Review Decision vacated this proceeding’s Institution Decision and the 70 Institution Decision, remanding “to the Board panel to determine which of the two proceedings, if Board should construe the term ‘association,’” the Director Review Decision instructed us to “consider the parties’ claim construction arguments in making [our] determination.” Id. at 4. As we explain in a concurrently issued decision in IPR2025-00070, the parties have persuaded us that the correct construction of the ’872 patent claims’ recitation of “association” is the construction advanced and applied in the 70 Petition, not the narrower, possible construction addressed in this proceeding’s Petition. IPR2025-00070, Paper 28. Accordingly, we deny institution of inter partes review in this proceeding.” slip op. at 2
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“As we explain in a concurrently issued decision in IPR2025-00070, the parties have persuaded us that the correct construction of the ’872 patent claims’ recitation of “association” is the construction advanced and applied in the 70 Petition, not the narrower, possible construction addressed in this proceeding’s Petition. IPR2025-00070, Paper 28. Accordingly, we deny institution of inter partes review in this proceeding.” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied
“As we explain in a concurrently issued decision in IPR2025-00070, the parties have persuaded us that the correct construction of the ’872 patent claims’ recitation of “association” is the construction advanced and applied in the 70 Petition, not the narrower, possible construction addressed in this proceeding’s Petition. IPR2025-00070, Paper 28. Accordingly, we deny institution of inter partes review in this proceeding. II. ORDER It is: ORDERED that, pursuant to 35 U.S.C. § 314(a), the petitioned institution of inter partes review of the ’872 patent is denied.” slip op. at 3
Claim constructionPatents in suitUS 9,954,872
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.