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  • PTAB · Jul 30, 2026 · IPR2025-00560 · APJ Barry L Grossman · IPR · Final written decision

    Claims 1–29 are unpatentable under each asserted obviousness ground, including Chang and Fang, because Petitioner proved unpatentability by a preponderance of the evidence.

    RulingsFinal written decision
    • Expert testimonyPetitioner expert creditedDecided for petitioner

      “Additionally, we note that Patent Owner did not cross-examine Mr. Ryan Bauer, who provided a detailed, 169-page expert report providing, on behalf of Petitioner, his opinions about the issues in this proceeding. See Exhibit 1003. Mr. Bauer’s testimonial evidence in this proceeding remains unrebutted.” slip op. at 3

    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Petitioner asserts that a person of ordinary skill in the art would have had “bachelor’s degree in mechanical engineering or a similar field and at least two years of experience designing human breast pump equipment. More education could substitute for experience and vice versa.” Pet. 8 (citing Ex. 1003 ¶¶ 15–18). Mr. Bauer’s Declaration testimony states he considered some of the factors listed above. Ex. 1003 ¶ 17. Mr. Bauer testifies that based on his background and experience, in his opinion, the level of ordinary skill is as stated by Petitioner. Id. at 18. Based on the prior art, the sophistication of the disclosed technology in the ’381 patent, and Mr. Bauer’s undisputed testimony, we adopt Petitioner’s definition of the level of ordinary skill.” slip op. at 17

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

      “Petitioner asserts that the Examiner construed the term “self- contained, in-bra wearable device” to mean “complete, or having all that is needed, in itself’ and is capable of being worn in a bra.” Pet. 8 (citing Ex. 1005, 2290).14 According to Petitioner, “[Patent Owner] did not dispute this construction, and Petitioner applies it herein.” Id. Petitioner contends that all other terms “should receive their plain and ordinary meaning.” Id. We do not perceive the need to construe any claim limitation. Claims must be construed “only to the extent necessary to resolve the controversy.” AstraZeneca AB v. Mylan Pharms. Inc., 19 F.4th 1325, 1345 (Fed. Cir. 2021) (quoting Vivid Techs., Inc. v. American Science & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999); see also Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (“Because we need only construe terms ‘that are in controversy, and only to the extent necessary to resolve the controversy,’ we need not construe the claim preambles here where the construction is not ‘material to the [obviousness] dispute.’” (citations omitted)).” slip op. at 17

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

      “(3) 1[a][1] a diaphragm configured to prevent milk from reaching an air pump by forming a seal around its outer edge; Petitioner relies on Fang for the disclosure of a diaphragm, as stated in this clause. Pet. 25–26. Petitioner asserts the proposed combination of elements suggest a breast pump device that would have used a diaphragm pump including first and second diaphragm housing components and an elastic diaphragm, “in accordance with Fang’s suggestions.” Id. at 25. As also asserted by Petitioner, Fang discloses that flexible diaphragm 7 (i.e., a membrane) is configured to prevent milk from reaching the pump. Id. at 26 (citing Ex. 1009 ¶ 19 (“The elastic diaphragm 7 is used to prevent milk from flowing into the air pump main unit 8.”). Mr. Bauer testifies: The flexible diaphragm [diaphragm 7 in Fang] forms a watertight and airtight seal around its outer edge. In doing so, the diaphragm prevents the passage of milk from reaching the air pump and facilitates generation of negative pressure during operation. Fang also explains that the elastic diaphragm 7 deforms away from the nipple tunnel when a vacuum is created on a pumping chamber, which then creates negative air pressure in the nipple tunnel when a vacuum is created on a pumping chamber.” slip op. at 28

    Patent outcomesUS 11,813,381 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 11,813,381
  • PTAB · Jul 28, 2026 · IPR2026-00102 · APJ John A Squires · IPR · Institution

    The Board denied institution because the petition did not sufficiently explain where the prior art taught the claimed elements.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Petitioner is required to show how the construed claim is unpatentable under the asserted grounds by “specify[ing] where each element of the claim is found in the prior art patents or printed publications relied upon.” 37 C.F.R. § 42.104(b)(4). Here, Petitioner fails to specify where in the prior art each claim element is found. For example, Petitioner’s analysis based on Signore and Weaver includes a statement that each reference “discloses pressure mandrels with tap shoes,” with quotations from the references and colorized figures. See Pet. 49–51. Yet Petitioner does not explain why Signore’s “plurality of torque clamps” teach “tap shoes,” and Petitioner’s highlighting of a figure from Weaver does not elucidate which elements from Weaver that Petitioner regards as “tap shoes.” See id. As such, I find Petitioner’s showing to be insufficient for institution. “It is of the utmost importance that petitioners in the IPR proceedings adhere to the requirement that the initial petition identify ‘with particularity’ the ‘evidence that supports the grounds for the challenge to each claim.’” Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359, 1369 (Fed. Cir. 2016) (quoting 35 U.S.C. § 312(a)(3)).” slip op. at 2

    • BurdenDenied

      “Petitioner is required to show how the construed claim is unpatentable under the asserted grounds by “specify[ing] where each element of the claim is found in the prior art patents or printed publications relied upon.” 37 C.F.R. § 42.104(b)(4). Here, Petitioner fails to specify where in the prior art each claim element is found. For example, Petitioner’s analysis based on Signore and Weaver includes a statement that each reference “discloses pressure mandrels with tap shoes,” with quotations from the references and colorized figures. See Pet. 49–51. Yet Petitioner does not explain why Signore’s “plurality of torque clamps” teach “tap shoes,” and Petitioner’s highlighting of a figure from Weaver does not elucidate which elements from Weaver that Petitioner regards as “tap shoes.” See id. As such, I find Petitioner’s showing to be insufficient for institution. “It is of the utmost importance that petitioners in the IPR proceedings adhere to the requirement that the initial petition identify ‘with particularity’ the ‘evidence that supports the grounds for the challenge to each claim.’” Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359, 1369 (Fed. Cir. 2016) (quoting 35 U.S.C. § 312(a)(3)).” slip op. at 2

    None
    Patents in suitUS 12,104,578
  • Ipr2026-00321Institution denied
    PTAB · Jul 28, 2026 · IPR2026-00321 · APJ John A Squires · IPR · Director review

    The Director denied institution in IPR2026-00321 after reviewing discretionary and non-merits considerations.

    RulingsDirector review decision
    • Director reviewDirector review, deniedDenied

      “NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00320 IPR2026-00321 IPR2026-00322 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    • Other 314aInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00320 IPR2026-00321 IPR2026-00322 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 9,313,101
  • Ipr2026-00320Institution denied
    PTAB · Jul 28, 2026 · IPR2026-00320 · APJ John A Squires · IPR · Director review

    The Director denied institution of IPR2026-00320 after review of discretionary and non-merits considerations.

    RulingsDirector review decision
    • Other 314aInstitution denied discretionary otherInstitution denied

      “NOTICE Pursuant to 35 U.S.C. § 314(a), after review of discretionary and non- merits considerations, institution of inter partes review is denied in the following proceedings: IPR2026-00320 IPR2026-00321 IPR2026-00322 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of” slip op. at 1

    Discretionary denial
    Patents in suitUS 8,780,887
  • Ipr2026-00230Institution denied
    PTAB · Jul 28, 2026 · IPR2026-00230 · APJ John A Squires · IPR · Institution

    Institution of inter partes review in IPR2026-00230 was denied because the petitioner failed to show the required likelihood of prevailing.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied

      “Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has failed to show a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate. Accordingly, institution of inter partes review is denied in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 11,824,136
  • PTAB · Jul 28, 2026 · PGR2026-00030 · APJ John A Squires · PGR · Order

    The Director granted institution of PGR2026-00030 after finding the petition met the institution threshold and no non-discretionary consideration warranted denial.

    RulingsOther
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings: IPR2026-00265 IPR2026-00285 PGR2026-00026 IPR2026-002801 IPR2026-00298 PGR2026-00030” slip op. at 2

    None
    Patents in suitUS 12,296,061
  • PTAB · Jul 28, 2026 · PGR2026-00026 · APJ John A Squires · PGR · Order

    Institution of PGR2026-00026 was granted after the petitioner met the merits threshold and no nondiscretionary considerations warranted denial.

    RulingsOther
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “IPR2026-00230 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings: IPR2026-00265 IPR2026-00285 PGR2026-00026 IPR2026-002801 IPR2026-00298 PGR2026-00030” slip op. at 2

    None
    Patents in suitUS 12,305,206
  • Ipr2026-00298Instituted
    PTAB · Jul 28, 2026 · IPR2026-00298 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00298 after finding the petition met the reasonable-likelihood threshold and no non-discretionary consideration warranted denial.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings: IPR2026-00265 IPR2026-00285 PGR2026-00026 IPR2026-002801 IPR2026-00298 PGR2026-00030” slip op. at 2

    None
    Patents in suitUS 12,143,424
  • Ipr2026-00285Instituted
    PTAB · Jul 28, 2026 · IPR2026-00285 · APJ John A Squires · IPR · Institution

    Institution was granted in IPR2026-00285 because the petitioner met the institution threshold and no non-discretionary consideration warranted denial.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “IPR2026-00230 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings:” slip op. at 2

    None
    Patents in suitUS 10,603,183
  • Ipr2026-00280Instituted
    PTAB · Jul 28, 2026 · IPR2026-00280 · APJ John A Squires · IPR · Institution

    The Director granted institution of IPR2026-00280 after finding the petition showed a reasonable likelihood of prevailing on at least one challenged claim and no other non-discretionary consideration warranted denial.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “IPR2026-00230 Pursuant to 35 U.S.C. §§ 314(a) and 324(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, or that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, as appropriate, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review and post-grant review is granted in the following proceedings: IPR2026-00265 IPR2026-00285 PGR2026-00026 IPR2026-002801 IPR2026-00298 PGR2026-00030” slip op. at 2

    None
    Patents in suitUS 12,401,720

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