- BMW Of North America, LLC v. Foras Technologies Ltd.No claims unpatentablePTAB · Mar 5, 2026 · IPR2024-01347 · APJ Russell E Cass · IPR · Final written decision
Claims 1–27 were not shown unpatentable because the asserted combinations did not teach switching the boot-processor role to a spare processor.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art The level of skill in the art is “a prism or lens” through which we view the prior art and the claimed invention. Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). “This reference point prevents . . . factfinders from using their own insight or, worse yet, hindsight, to gauge obviousness.” Id.” slip op. at 17
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownOther
“processor” to the spare processor, we determine that the claim is describing this transfer of identification of “boot processor,” which is required when transferring a boot processor’s functions to a spare because of the “problems [that] arise in attempting to idle (or eject) the boot processor.” Id. at 6:25– 27. This is confirmed by the language of limitation [1d], stating that the switching of the role of boot processor involves “changing a system identifier of the spare processor to that of the boot processor.” Thus, the firmware and operating system exchange this information identifying the boot processor, which is described in the specification as a device tree. See, e.g., id. at 13:21–35. The ’302 patent makes clear that accurate identification of which processor is the boot processor remains critical during runtime. See, e.g., id. at 6:25–27. Thus, Patent Owner is correct in requiring the system to have a way to identify the boot processor and to transfer this identification during runtime. However, as made clear in the embodiments described in the ’302 patent discussed above, this identification is for runtime purposes to accommodate runtime problems, not for booting purposes. Although Patent Owner may be correct that a function of the boot processor is to boot the system (PO Sur-reply 5), the problem identified in the ’302 patent is a problem relating to the runtime reassignment of the boot processor identity, to address a runtime need to identify the boot processor. See, e.g., Ex. 1001, 11:6–9. Accordingly, based on our analysis of the claims and specification, we determine that “switching the role of boot processor to a spare processor without shutting down the system’s operating system” means causing the system to identify the spare processor as the boot processor (e.g., in a device tree), which then causes the spare processor to appear as the boot processor to the system during runtime. Ex. 1001, 6:25–41, 11:4–18 (describing why boot processors are treated differently even after the boot process has completed); compare id. at 9:65–11:3 (process for recovering from loss of lockstep of a non-boot processor without using a spare), with id. at 11:4–43 (process for recovering from loss of lockstep of a boot processor using a spare because boot processors, during runtime, need special treatment); see also 14:66–15:21 (emphasizing that spares are only needed for recovering boot processors). We construe switching a “role of boot processor” to mean transferring an identification in the system of which processor is the boot processor. This construction comports with the embodiments described in the specification. We do not adopt an additional requirement that this procedure also requires designating which processor will boot the system in the next reboot, which is not disclosed in the specification.” slip op. at 24
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“may swap processors that are failing, and perform the necessary bookkeeping to keep the operating system informed as to how to address the processors available, nothing in the Petition persuasively explains whether this generic processor swapping switches the boot processor role. As we explained in our claim construction section, the term “boot processor” is not merely a label of convenience to describe the processor that happened to have earlier booted the system. The role of boot processor is specifically switched to the spare; it is a piece of information tracked by the system. As we explain below, Petitioner does not adequately address the transfer of this information to make the system aware of which processor has the boot processor role. Petitioner asserts that “the BSP flag” of the IA-32 system is used to “determine whether a processor is the boot processor.” Pet. 17–18. Petitioner here is relying on a register used in IA-32 processors to identify whether or not they are the boot processor. This register is used during booting so that only the boot processor boots the system. See, e.g., Ex. 1008, 238–40, 710. This register does not appear to serve any further role, and Petitioner offers no persuasive evidence or argument that the processor register flag is exposed or copied to the operating system or APIC table. Petitioner’s proposed combination does not involve updating this register, nor does Petitioner explain how, even if the register were updated, it would meet the “switching” a “role of boot processor” in limitation [1d].” slip op. at 32
- ExcludeOther
“The USPTO has established Rules for objecting to and challenging evidence. 37 C.F.R. § 42.64. This process sets various timeframes and permits briefing and curative actions, all of which are designed to crystallize 5 We follow the parties’ convention of citing to the later-added “Page X of Y” pagination rather than the native pagination. the issues and ensure a full and fair opportunity for the parties to be heard. See id. In this instance, Patent Owner’s evidentiary arguments regarding Exhibits 1008 and 1028 are untimely. Accordingly, we will not exclude Exhibits 1008 or 1028 on the basis of their authenticity, admissibility, or for any reason that should have been raised under the proper procedures. See, e.g., PO Resp. 7–8; PO Sur-reply 7–8; see also Pet. Reply 11 (asserting that “Patent Owner has not filed any objection to or a motion to exclude these references”). We consider Petitioner’s citations to these documents in our prior art analysis below. Notwithstanding, as is clear from our patentability analysis below, Exhibits 1008 and 1028 do not serve to demonstrate the unpatentability of any claim.” slip op. at 26
Patent outcomesUS 7,624,302 not shown unpatentableClaim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 7,624,302 - BMW Of North America, LLC v. Foras Technologies Ltd.No claims unpatentablePTAB · Mar 5, 2026 · IPR2024-01346 · APJ Russell E Cass · IPR · Final written decision
Claims 1–30 were not shown unpatentable because the prior-art combinations did not establish transfer of the role of boot processor during system runtime.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for patent owner
“Patent Owner asserts that: A person of ordinary skill in the art in the field of the ’781 patent would have been a person with at least a bachelor’s degree in Electrical Engineering, Computer Engineering, or equivalent, and at least two years of prior work experience with computer architecture, including experience relating to fault tolerant computer architecture, as of the earliest priority date of the ’781 patent—October 25, 2004. If a person did not have a bachelor’s degree, additional relevant and practical experience with fault tolerant computer systems could provide an acceptable substitute. Likewise, further education beyond a bachelor’s degree could compensate for a deficiency in practical experience. See EX2004, Declaration of Nigel A. Jones (“Jones”), ¶ 26. PO Resp. 3. Patent Owner further notes that its position is “similar, but not identical to, Petitioner’s [position]” but that “the analysis [of the claims] is identical for both proposed determinations.” Id. We agree that our analysis would not differ based on choosing one proposed level of skill over the other, but as the losing party, we select Petitioner’s proposed level of skill.” slip op. at 20
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner
“Accordingly, based on our analysis of the claims and specification, we determine that “logic . . . for transferring, during system runtime, the role of boot processor” means logic that causes the system to identify the spare processor as the boot processor (e.g., in a device tree) which then causes the spare processor to appear as the boot processor to the system during runtime. Ex. 1001, 5:39–55, 10:43–67 (describing why boot processors are treated differently even after the boot process has completed); compare id. at 9:37– 10:42 (process for recovering from loss of lockstep of a non-boot processor without using a spare), with id. at 10:43–11:42 (process for recovering from loss of lockstep of a boot processor using a spare because boot processors, during runtime, need special treatment); see also 15:21–42 (emphasizing that spares are only needed for recovering boot processors). We construe transferring a “role of boot processor” to mean transferring an identification in the system of which processor is the boot processor. This construction comports with the embodiments described in the specification. We do not adopt an additional requirement that this procedure also requires designating which processor will boot the system in the next reboot, which is not disclosed in the specification.” slip op. at 26
- Expert testimonyPetitioner expert discountedDecided for patent owner
“Based on the clear support in the specification for the above interpretation, we see no need to resort to extrinsic evidence. Seabed Geosolutions (US) Inc. v. Magseis FF LLC, 8 F.4th 1285, 1287 (Fed. Cir. 2021) (“If the meaning of a claim term is clear from the intrinsic evidence, there is no reason to resort to extrinsic evidence.”) (citing Profectus Tech. LLC v. Huawei Techs. Co., 823 F.3d 1375, 1380 (Fed. Cir. 2016) (“Extrinsic evidence may not be used ‘to contradict claim meaning that is unambiguous in light of the intrinsic evidence.’” (quoting Phillips, 415 F.3d at 1324)). In general, the cited portions of testimony from the declarants from both parties in the briefs do little more than point to the portions of the ’781 patent described above or argue about what a boot processor does during booting. See, e.g., Pet. Reply 2–8. The specification makes clear that it is focused on the role of boot processor during runtime because of problems encountered during runtime; it is not focused on the boot processor during booting. Ex. 1001, 5:39–55, 10:43–67. Thus, the testimony about what a boot processor does during booting, or that the primary function of the boot processor is to boot, is not particularly pertinent, and does not undo the unambiguous discussion in the ’781 patent.” slip op. at 27
- BurdenDecided for patent owner
“whether they are the boot processor or not (Ex. 1008, 238, 710), Petitioner does not explain how such information is exposed to the BIOS or operating system, nor how it is changed during runtime, after its purpose has been fulfilled. In sum, even if Petitioner’s proposed combination swaps the spare processor for the processor that booted the system, Petitioner’s proposed combination does not appear to transfer the role of boot processor to the spare processor. At best, Petitioner’s proposed combination transfers the tasks of one processor to another. See Ex. 1005 ¶¶ 15 (Fox describing its disclosure as “updat[ing] the ‘active’ processor list” and “[re-]allocat[ing] the threads that were running on the failing processor”), 46 (transferring “processes (instructions, threads, etc.) initially allocated to the failing processor” to the spare processor)). Of the art of record, we are only aware of the ’781 patent transferring a designation of which processor is the boot processor during the swap to a spare processor. See, e.g., Ex. 1001, 10:43– 55, 11:10–12, 16:19–21, 17:51–55; claims 1, 9, 16, 25. In conclusion, we find that Petitioner has not shown, by a preponderance of the evidence, how the prior art teaches “transferring” a “role of boot processor” as required by limitation 1[c].” slip op. at 40
Patent outcomesUS 7,627,781 not shown unpatentableClaim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 7,627,781 - Cisco Systems, Inc. v. Lionra Technologies LimitedAll claims unpatentablePTAB · Mar 4, 2026 · IPR2024-01281 · APJ Steven M Amundson · IPR · Final written decision
Claims 1–3, 5–10, 12–15, and 17–21 are unpatentable as obvious over Cornett, Paatela, and Nelson; claim 8 is also unpatentable with Russell.
RulingsFinal written decision- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“been motivated to combine the teachings of Cornett, Paatela, Nelson, and Russell in the way Petitioner proposes and would have had a reasonable expectation of success. See supra §§ III.E.2(a)–(b). Hence, Petitioner has shown by a preponderance of the evidence that claim 8 is unpatentable under § 103(a) because the claim would have been obvious over Cornett, Paatela, Nelson, and Russell.” slip op. at 122
- Skill levelOther
“B. Level of Ordinary Skill in the Art Factors pertinent to determining the level of ordinary skill in the art” slip op. at 13
Patent outcomesUS 7,738,471 unpatentable§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 7,738,471 - Apple Inc. v. Smith Interface Technologies, LLCNo claims unpatentablePTAB · Feb 24, 2026 · IPR2024-01256 · APJ Miriam L Quinn · IPR · Final written decision
Claims 1–6, 10–14, 16, and 17 were not shown unpatentable because Ahn and Chaudhri did not teach or suggest the claimed movement of an object during the gesture.
RulingsFinal written decision- Skill levelSkill level board ownDecided for patent owner
“interface objects and, more specifically, the display of user interfaces on applications, in accordance with contacts on the touch-sensitive surface of a display. Ex. 1001, (54), Abstr. Consistent with the scope of the ’727 patent, we find that the level of skill in the art is reflected in a person having a bachelor’s degree in computer science, computer engineering, electrical engineering, human-computer interaction, or a comparable field and at least two years of professional experience working with graphical user interfaces, human-computer interfaces, or equivalents.” slip op. at 6
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Because there is no dispute as to the scope and meaning of these terms, and for consistency with the Decision on Institution, we apply the meaning of the terms “blur” and “distance magnitude” as stated above where applicable. However, we note that our determination does not hinge on the meaning of these terms. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (only those terms that are in controversy need be construed, and only to the extent necessary to resolve the controversy) (citing 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 successNot shown unpatentableMotivation not foundNot shown unpatentable
“it was “known to utilize ‘cues’ to help the user know what gesture to utilize and whether they are correctly performing the gesture (e.g., graphics such as movable images that help the user visualize the correct gesture and how to complete it successfully).” Pet. 40 (citing Ex. 1005, Abstract, ¶¶ 54, 62, 73). This sentence does not cure the deficiency noted above regarding Petitioner’s reliance on Ahn’s graphic shadow moving with a gesture. Chaudhri is relied on for the proposition that, Ahn’s graphic shadow is “[i]ndeed” a movable image known to give a user a visual cue. Id. But no such “cue” is provided in Ahn by the graphical shadow alone, because there is no movement of that object. The Petition does not present argument that a Chaudhri object is the movable object or how any of Chaudhri’s teachings of movable objects would have suggested to modify Ahn “to thereby move” the graphical shadow.” slip op. at 18
- Strike new argumentNew argument disregardedDecided for patent owner
“the theory that Ahn’s graphic shadow moves. Reply 3−4. Petitioner interprets the sentences in Ahn we have analyzed above in conjunction with testimony of Dr. Terveen to argue that temporal descriptions in Ahn make it obvious for a person of ordinary skill in the art to drag in the right direction while continuing to press the graphic 1800. Id. (citing Exs. 1004 ¶¶ 117−119, Ex. 1023 ¶ 10). The Petition, however, relies on an Ahn disclosing a moving graphic shadow according to the embodiment of Figure 18(a), as described in paragraph 118. Petitioner now changes its theory of how Ahn’s graphic shadow would move according to paragraph 119, i.e., that although the graphic shadow is merely pressed (in the embodiment shown in Figure 18(b)) it would also be dragged while pressed. Reply 3. Not only is this a shift from the theory Petitioner presents in the Petition, it is not persuasive. As Patent Owner argues, and we agree, there is no cogent explanation for modifying the graphic shadow embodiment of Figure 18(b), especially in light of Ahn’s disclosure that the graphic shadow disappears when pressed and the menu list is displayed as emerging. Sur-reply 2−3. In other words, Petitioner’s new argument does not account for Ahn’s teaching that the objective of the graphic shadow is merely to notify the user of the start of the gesture, and once that start of the gesture is detected (the press on the graphic shadow), paragraph 119 informs us that there is no longer a need for the graphic shadow—it disappears from the display. Ex. 1004 ¶ 119. The Petition does not offer any argument for a theory in which the gesture of paragraph 119 (the press, not a touch and drag operation) results in graphic 1800 disappearing, while also moving during the disappearance. We are mindful that “[i]t is impermissible within the framework of section 103 to pick and choose from any one reference only so much of it as will support a given position to the exclusion of other parts necessary to the full appreciation of what such reference fairly suggests to one skilled in the art.” Bausch & Lomb, Inc. v. Barnes-Hind / Hydrocurve, Inc., 796 F.2d 443, 448 (Fed. Cir. 1986)). Consequently, we determine that Petitioner’s argument in Reply belatedly relying on the different embodiment of paragraph 119 is improper new argument, and that even if considered it is not persuasive.” slip op. at 20
Patent outcomesUS 11,740,727 not shown unpatentableClaim construction§ 103 obviousnesscites Phillips · GrahamPatents in suitUS 11,740,727 - Thermaltake Technology Co., Ltd. / Thermaltake Inc. v. Chien-Hao ChenAll claims unpatentablePTAB · Feb 17, 2026 · IPR2024-01230 · APJ Andreas Baltatzis · IPR · Final written decision
Claims 1–5 are unpatentable; substitute claims 6 and 7 are unpatentable, and the Revised Motion to Amend is denied.
RulingsFinal written decision- Skill levelSkill level board ownDecided for petitioner
“our Institution Decision comports with the qualifications a person would have needed to understand and implement the teachings of the ’336 patent and the prior art of record. Inst. Dec. 15. Accordingly, we adopt the level of skill discussed in our Institution Decision. C.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner
“Pharms. Inc. v. Amino Chemicals Ltd., 715 F.3d 1363, 1374 (Fed. Cir. 2013)). Accordingly, Patent Owner applies a different definition of “side,” in claim 1’s recitation of “an illumination area on at least two sides of the fan at top of the body,” to that definition used to understand “side[s] of the body,” discussed above. Specifically, Patent Owner argues that Petitioner’s dictionary definition of “side,” including “an area next to something” applies to “an illumination area on at least two sides of the fan at the top of the body.” See id. at 8–9.” slip op. at 17
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableMotivation foundUnpatentable
“Hasegawa, and Huang teaches or suggests the limitations of claim 3, and that one skilled in the art would have been motivated to combine those teachings with a reasonable expectation of success. See Ex. 1004 ¶¶ 136– 140; Ex. 1008, 8:4–15, 3:20–29. Accordingly, we determine that claim 3 would have been obvious over Lai and Huang, or Lai, Hasegawa, and Huang. F.” slip op. at 50
- 112 supportMotion to amend, deniedDenied
“c) Conclusion We conclude that Patent Owner's Revised Motion to Amend adds new” slip op. at 90
Patent outcomesUS 10,690,336 unpatentableClaim construction§ 103 obviousness§ 112 disclosurecites Phillips · KSR · GrahamPatents in suitUS 10,690,336 - Apple Inc. v. Smith Interface Technologies, LLCNo claims unpatentablePTAB · Feb 10, 2026 · IPR2024-01119 · APJ Sharon Fenick · IPR · Final written decision
Claims 1, 2, 27, 37, 58, 60-64, 67-79, 186, 187, 189, 191, 192, 197, 199-204, 208-216, 223, 225, and 230 were not proven unpatentable over the asserted combinations.
RulingsFinal written decision- Skill levelSkill level board ownDecided for petitioner
“Patent Owner “does not agree with all aspects of Petitioner’s proposed level of ordinary skill” but did not propose an alternative definition. PO Resp. 10–11. Patent Owner’s declarant, Dr. Rosenberg, adopted Dr. Terveen’s definition for the purposes of his declaration. Ex. 2018 ¶¶ 32–33. We again adopt the main portion of Dr. Terveen’s definition, and determine that one of ordinary skill in the art would have had “a bachelor’s degree in computer science, computer engineering, human-computer interaction, or a comparable field and at least two years of professional experience working with graphical user interfaces and applications for computers.” This definition is commensurate with the problems and solutions in the ’754 patent and prior art of record and is supported by declarant testimony.” slip op. at 9
- BurdenNot shown unpatentable
“Given our determination of how Ahn consistently describes the “touch and drag” gesture and “dragged” to mean the movement of a finger (or other object external to the touch screen), and in the absence of persuasive evidence in the figures or in other portions of Ahn to support the movement or appearance of a menu during a user input gesture, we determine that the present record does not support a conclusion that Ahn teaches or suggests a menu sliding onto a display or appearing during an input gesture such as a touch and drag gesture, as opposed to being displayed after such a gesture is completed.” slip op. at 27
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“Given our determination of how Ahn consistently describes the “touch and drag” gesture and “dragged” to mean the movement of a finger (or other object external to the touch screen), and in the absence of persuasive evidence in the figures or in other portions of Ahn to support the movement or appearance of a menu during a user input gesture, we determine that the present record does not support a conclusion that Ahn teaches or suggests a menu sliding onto a display or appearing during an input gesture such as a touch and drag gesture, as opposed to being displayed after such a gesture is completed.” slip op. at 27
- Expert testimonyDecided for patent owner
“Petitioner argues that “even under [this] interpretation of Ahn, the only difference between Ahn and the claims is whether the animation occurs in direct correspondence with a user’s dragging gesture or after the dragging gesture is complete – a straightforward design choice if ever there was one.” Pet. Reply 3–4 (citing Ex. 1024, 99:16–108:20; Ex. 1023 ¶ 12). However, as Patent Owner argues (PO Sur-reply 7–8) this argument is presented in Reply and is an improper shift of theory from the Petition. Nevertheless, were we to consider it, we would not find it compelling; Dr. Terveen’s cited testimony repeats this bare statement and is not supported by any evidence or additional explanation. Ex. 1023 ¶ 12; see 37 CFR § 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.”); Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 at 15 (Aug. 24, 2022) (precedential) (assigning little weight to opinion testimony that “merely repeats” conclusory statements in a brief, without “cit[ing] any additional supporting evidence or provid[ing] any technical reasoning to support [the declarant’s] statement”).” slip op. at 29
Patent outcomesUS 10,656,754 not shown unpatentable§ 103 obviousnesscites KSR · GrahamPatents in suitUS 10,656,754 - Apple Inc. v. Smith Interface Technologies, LLCNo claims unpatentablePTAB · Feb 10, 2026 · IPR2024-01116 · APJ Sharon Fenick · IPR · Final written decision
Petitioner did not prove claims 1, 2, 27, 37, 58, 60–64, 67–79, 186, 187, 189, 191, 192, 197, 199–204, 208–216, 223, 225, or 230 unpatentable because the asserted combinations did not establish the claimed blurring …
RulingsFinal written decision- Skill levelSkill level board ownDecided for petitioner
“(Ex. 1003), that a person of ordinary skill in the art (“POSITA”) would have had “a Bachelor of Science degree in computer science, computer engineering, electrical engineering, human-computer interaction, or a comparable field and at least two years of professional experience in the design and development of graphical user interfaces (GUIs), human-computer interfaces, or equivalents thereof,” and that “[a]dditional years of experience could substitute for an advanced-level degree (and vice-versa).” Pet. 6 (citing Ex. 1003 ¶¶ 29–30).” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“C. Claim Construction In these proceedings, there is no controversy that would require us to decide any claim construction issue. 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))). D. Obviousness of Claims 2, 27, 37, 58, 60–64, 67–79, 186, 187, 189, 191,” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentable
“obviousness of the menus in the Ahn-Chaudhri combination following a user’s finger as the user performs the dragging gesture to open the menu.” Pet. Reply 2 (citing 01119-Petition, 26–33, substantially identical to Pet. 32– 40). However, again, the Petition does not explain an alternative theory in which Chaudhri supplements Ahn’s menu functionality to move that menu onto the screen, as opposed to teaching visual cues provided by gradual changes of the display during a gesture or the visual cue that an unlock image may provide during the unlock gesture. See Pet. 14–18 (describing Chaudhri teaching “visual differentiation” or “transitioning an optical intensity” between a user-interface object and the background, based on, e.g., transparency), 35–40 (same). In Reply, Petitioner adds evidence to attempt to support its contention that the combination teaches a menu following a user’s finger during a dragging gesture, involving references to Chaudhri’s discussion of a visual cue, further discussing Chaudhri’s unlock image. Ex. 1005 ¶¶ 54, 62, 74–79, Figs. 5A-5C (cited at Pet. Reply 4–5). With respect to these citations and arguments, even if they had been timely presented in the Petition, we agree with Patent Owner that they do not articulate a modification of Ahn with Chaudhri or a motivation to combine. PO Sur-reply 6. Additionally, we agree that these embodiments of Chaudhri are distinct from the cited portions of Chaudhri discussed with respect to this theory in the Petition, which relate not to the movement of displayed graphics, but to variations of optical intensity and visual cues. Id. at 6–7. We evaluate the Petition’s arguments in light of Petitioner’s statement in Reply that they require a teaching regarding “menus . . . following a user’s finger as the user performs the dragging gesture.” Pet. Reply 2. To the extent that the Petition shows that the combination of Ahn and Chaudhri would show visual changes as the user performs a dragging gesture, these do not relate to the movement of a menu, but rather to other optical effects. Thus, as we do not find that the Petition supports an Ahn-Chaudhri combination in which a menu follows a user’s finger as the user performs the dragging gesture to open the menu, as Petitioner argues, we determine that Petitioner has not shown limitation 2.d of claim 2 taught or suggested by the combination of Ahn and Chaudhri according to this theory.” slip op. at 31
- Strike new argumentNew argument disregardedDecided for patent owner
“Petitioner argues that “even under [this] interpretation of Ahn, the only difference between Ahn and the claims is whether the animation occurs in direct correspondence with a user’s dragging gesture or after the dragging gesture is complete – a straightforward design choice if ever there was one.” Pet. Reply 3–4 (citing Ex. 1024, 99:16–108:20; Ex. 1023 ¶ 12). However, as Patent Owner argues (PO Sur-reply 7–8) this argument is presented in Reply and is an improper shift of theory from the Petition. Nevertheless, were we to consider it, we would not find it compelling; Dr. Terveen’s cited testimony repeats this bare statement and is not supported by any evidence or additional explanation. Ex. 1023 ¶ 12; see 37 CFR § 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.”); Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 at 15 (Aug. 24, 2022) (precedential) (assigning little weight to opinion testimony that “merely repeats” conclusory statements in a brief, without “cit[ing] any additional supporting evidence or provid[ing] any technical reasoning to support [the declarant’s] statement”).” slip op. at 29
Patent outcomesUS 10,656,754 not shown unpatentableClaim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 10,656,754 - Apple Inc. v. Smith Interface Technologies, LLCNo claims unpatentablePTAB · Feb 10, 2026 · IPR2024-01115 · APJ Sharon Fenick · IPR · Final written decision
Apple did not prove claims 1, 2, 27, 37, 58, 60–64, 67–79, 186, 187, 189, 191, 192, 197, 199–204, 208–216, 223, 225, and 230 unpatentable over the asserted Ahn combinations.
RulingsFinal written decision- Skill levelSkill level board ownDecided for patent owner
“In the Decision on Institution in each proceeding, we noted that Petitioner’s definition left it unclear whether the bachelor’s degree in the proposed definition would be considered by Petitioner to be “an advancedlevel degree,” and did not adopt the portion of the definition relating to the substitution of years of experience for a degree. Dec. on Inst. 15–16. Patent Owner “does not agree with all aspects of Petitioner’s proposed level of ordinary skill” but did not propose an alternative definition. PO Resp. 10–11. Patent Owner’s declarant, Dr. Rosenberg, adopted Dr. Terveen’s definition for the purposes of his declaration. Ex. 2018 ¶¶ 32–33. We again adopt the main portion of Dr. Terveen’s definition, and determine that one of ordinary skill in the art would have had “a bachelor’s degree in computer science, computer engineering, human-computer interaction, or a comparable field and at least two years of professional experience working with graphical user interfaces and applications for computers.” This definition is commensurate with the problems and solutions in the ’754 patent and prior art of record and is supported by declarant testimony.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“C. Claim Construction In these proceedings, there is no controversy that would require us to decide any claim construction issue. 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))). D. Obviousness of Claims 2, 27, 37, 58, 60–64, 67–79, 186, 187, 189, 191,” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentable
“obviousness of the menus in the Ahn-Chaudhri combination following a user’s finger as the user performs the dragging gesture to open the menu.” Pet. Reply 2 (citing 01119-Petition, 26–33, substantially identical to Pet. 32– 40). However, again, the Petition does not explain an alternative theory in which Chaudhri supplements Ahn’s menu functionality to move that menu onto the screen, as opposed to teaching visual cues provided by gradual changes of the display during a gesture or the visual cue that an unlock image may provide during the unlock gesture. See Pet. 14–18 (describing Chaudhri teaching “visual differentiation” or “transitioning an optical intensity” between a user-interface object and the background, based on, e.g., transparency), 35–40 (same). In Reply, Petitioner adds evidence to attempt to support its contention that the combination teaches a menu following a user’s finger during a dragging gesture, involving references to Chaudhri’s discussion of a visual cue, further discussing Chaudhri’s unlock image. Ex. 1005 ¶¶ 54, 62, 74–79, Figs. 5A-5C (cited at Pet. Reply 4–5). With respect to these citations and arguments, even if they had been timely presented in the Petition, we agree with Patent Owner that they do not articulate a modification of Ahn with Chaudhri or a motivation to combine. PO Sur-reply 6. Additionally, we agree that these embodiments of Chaudhri are distinct from the cited portions of Chaudhri discussed with respect to this theory in the Petition, which relate not to the movement of displayed graphics, but to variations of optical intensity and visual cues. Id. at 6–7. We evaluate the Petition’s arguments in light of Petitioner’s statement in Reply that they require a teaching regarding “menus . . . following a user’s finger as the user performs the dragging gesture.” Pet. Reply 2. To the extent that the Petition shows that the combination of Ahn and Chaudhri would show visual changes as the user performs a dragging gesture, these do not relate to the movement of a menu, but rather to other optical effects. Thus, as we do not find that the Petition supports an Ahn-Chaudhri combination in which a menu follows a user’s finger as the user performs the dragging gesture to open the menu, as Petitioner argues, we determine that Petitioner has not shown limitation 2.d of claim 2 taught or suggested by the combination of Ahn and Chaudhri according to this theory.” slip op. at 31
- BurdenNot shown unpatentable
“(3) Conclusion For the reasons discussed above, Petitioner has not shown limitation 2.d to be taught, suggested, or otherwise rendered obvious by Ahn and Chaudhri. Thus, we determine that Petitioner does not show by a preponderance of the evidence that claim 2 would have been obvious over the combination of Ahn and Chaudhri.” slip op. at 32
Patent outcomesUS 10,656,754 not shown unpatentableClaim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 10,656,754 - Apple Inc. v. Smith Interface Technologies, LLCAll claims unpatentablePTAB · Jan 26, 2026 · IPR2024-01083 · APJ Sharon Fenick · IPR · Final written decision
Claims 1–3, 7, 9, 10, and 101 are unpatentable as obvious over Ahn, Chaudhri, and Hinckley.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“As Petitioner’s description of a person of ordinary skill appears commensurate with the subject matter before us, we apply Petitioner’s definition for purposes of this Decision. Also, the level of ordinary skill in the art can be evidenced by the references cited, and we find it commensurate with the cited references in this proceeding. 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).” slip op. at 8
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“We find that a person of ordinary skill in the art had knowledge that “linear menus are not easy to use on small devices, especially in mobile situations” because “[t]he limited screen space makes it difficult to display a large . . . linear menu while keeping items large enough to be easily selected” (Ex. 1028, 2) and that “[d]istance to and size of the target are important factors that give pie menus the advantage over traditional linear menus” (Ex. 2013, 2). See Ex. 1023 ¶¶ 31–33. Given that Hinckley explicitly describes using its radial menu in a mobile telephone, and given that a person of ordinary skill in the art had knowledge of the advantages and disadvantages of Hinckley’s radial menu, we find Dr. Terveen’s testimony that a person of ordinary skill in the art would have used Hinckley’s radial menu in Ahn’s mobile device more persuasive that Dr. Rosenberg’s testimony to the contrary, because Dr. Terveen’s testimony is consistent with the teachings of Hinckley and the knowledge of a person of ordinary skill in the art, whereas Dr. Rosenberg does not reconcile his testimony with Hinckley’s express disclosure of displaying a radial menu on the touch screen of a mobile telephone. See Ex. 1003 ¶¶ 56, 63–67; 1023 ¶¶ 31–33; Ex. 2006 ¶¶ 71–79; Ex. 1006 ¶¶ 43, 53, 56; Ex. 2009, 3; Ex. 2010, 2; Ex. 2013, 2. We find that a person of ordinary skill in the art had reason to conclude that implementing Hinckley’s radial menu in Ahn’s mobile device with limited screen space yields advantages such as distance to and size of the icons as well as associating a function with a direction that outweigh disadvantages such as having less icons than a linear menu. We find that combining the bezel gestures and associated bezel menu and radial menu of” slip op. at 31
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner
“structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.” KSR, 550 U.S. at 416. We find that altering Ahn’s device by substituting Hinckley’s bezel gestures and associated bezel and radial menus for Ahn’s technique of displaying menus does no more than yield the predictable results of (a) conserving screen real estate, (b) distinguishing bezel gestures from normal gestures so that the bezel gestures do not interfere with normal gestures and vice versa, (c) providing a novice mode to help a user learn the expert way of accessing the functionality of the bezel and radial menus, and (d) providing a user user as taught by Hinckley. Ex. 1006 ¶¶ 1, 40, 46, 77–80, 110; Ex. 1003 ¶¶ 63–67.” slip op. at 27
- Obviousness (§103) › Motivation to combine / reasonable expectation of success › HindsightDecided for petitioner
“Patent Owner’s contention that several of the icons shown in Ahn’s menus would not benefit from a radial menu because of their assigned locations and functions (PO Resp. 42–51) do not address the Petition’s contention that a person of ordinary skill in the art would have used Hinckley’s bezel menu with icon 1712 that includes radial menu icon 1714 in Ahn’s device. See Pet. 46–55. Even if some icons would not benefit from a radial menu, we agree with Petitioner that a person of ordinary skill in the art would have recognized that other icons would benefit, such as the icons that display sub-menus when selected, as shown by icon 830 in figure 8C and the answer options icon shown in figure 17 of Ahn as well as icon 1714 shown in figure 17 of Hinckley, and would have therefore provided such icons with a radial menu icon. See Reply 2 (quoting KSR, 550 U.S. at 418); see id. at 15–16 (quoting Randall Mfg. v. Rea, 733 F.3d 1355, 1362 (Fed. Cir. 2013)). With respect to the specific locations assigned to the bezel menu icons and the radial menu icons, we agree with Petitioner that a manner that improves efficiency and usability, such as locating the radial menu icon away from the end points of the bezel menu as taught by figure 17 of Hinckley.” slip op. at 29
Patent outcomesUS 10,642,413 unpatentable§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,642,413 - Apple Inc. v. Smith Interface Technologies, LLCAll claims unpatentablePTAB · Jan 26, 2026 · IPR2024-01084 · APJ Jeffrey S Smith · IPR · Final written decision
Claims 1–4, 8–18, 22–30, and 34–39 are unpatentable as obvious over Shiplacoff and over Shiplacoff combined with Nan.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“have had a bachelor’s degree in computer science, computer engineering, electrical engineering, human-computer interaction, or a comparable field and at least two years of professional experience in the design and development of graphical user interfaces (GUIs), human-computer interfaces, or equivalents thereof. Pet. 4 (citing Ex. 1003 ¶ 22). Petitioner’s declarant, Loren Terveen, Ph.D., testifies that “[s]uch experience could be obtained through research and study in a graduate program or through comparable exposure through industry employment, and additional years of experience could substitute for the advanced-level degree.” Ex. 1003 ¶ 22. Patent Owner agrees with this definition. PO Resp. 13 (citing Dec. 5). As Petitioner’s description of a person of ordinary skill appears commensurate with the subject matter before us, we apply Petitioner’s definition for purposes of this Decision. Also, the level of ordinary skill in the art can be evidenced by the references cited, and we find it commensurate with the cited references in this proceeding. 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).” slip op. at 5
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“according to the Phillips standard.” Pet. 4. Patent Owner contends that under the plain language of claim 1, the “one or more criteria” is satisfied when a “movement parameter” of “the second input” is detected to be “above a movement threshold.” PO Resp. 14. Patent Owner contends that under the plain language of claim 27, the “second one or more criteria” is satisfied when “a duration parameter” of the “second input” is detected to be “above a duration threshold.” Id. at 15. Patent Owner contends that the plain language of limitations [1j] and [1k] requires an operation capable of detecting a second input by a second contact that includes movement across a display in a direction, determining whether the second input meets or does not meet the recited criteria, and triggers performance of each of the corresponding display actions as appropriate. Id. at 15–19. Patent Owner 15. Id. at 21–23. Patent Owner contends that the plain language of limitations [27d]–[27f] recited in claim 27 require an operation that enables the device to detect a second input by a second contact that includes movement across the display in a direction, determine whether the second input meets or does not meet the two recited criteria, and trigger performance of each of the recited display actions as appropriate. Id. at 19– 20. Patent Owner contends that for “the second input” recited in limitations [1j] and [1k], “the second input” must be detected in the same operational context. Id. at 23–24. In particular, Patent Owner contends that limitations [1j] and [1k], and similar limitations recited in claims 15 and 27, “require a single, common contact event as the starting point of the claimed logic operations.” Id. at 24; see id. at 25–26. We do not need to determine whether Patent Owner’s proposed constructions are correct, because under either Petitioner’s or Patent Owner’s proposed constructions, we find that the prior art would have rendered all challenged claims obvious as discussed below in our patentability analysis.” slip op. at 6
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“at 418; see also id. at 421 (“A person of ordinary skill is . . . a person of ordinary creativity, not an automaton.”). Patent Owner’s contention and the supporting testimony of Dr. Madisetti does not address Shiplacoff’s teaching of using a gesture, such as Shiplacoff’s flick gesture, to return to launch screen. We agree with Petitioner and Dr. Terveen in finding that Shiplacoff’s disclosure that “returning to the launch screen . . . is performed by performing a gesture” (Ex. 1004 ¶ 99) such as a flicking gesture (Ex. 1004 ¶¶ 126, 129; Ex. 1023 ¶ 13) teaches using a flicking gesture to return from home screen to launch screen. See Pet. 16, 22–24; Ex. 1003 ¶¶ 52–53, 59; Ex. 1023 ¶ 13; Reply 7–10. Because Dr. Terveen’s testimony is consistent with and supported by the teachings of Shiplacoff as a whole (in contrast to that of Dr. Madisetti), we credit the testimony of Dr. Terveen in finding that using a gesture to return from home screen to launch screen as taught by Shiplacoff, where the gesture is a flick gesture as taught by Shiplacoff, yields the predictable result of using a flick gesture to return from home screen to launch screen. Ex. 1023 ¶ 13; Ex. 1003 ¶¶ 52–61; KSR, 550 U.S. at 416.” slip op. at 21
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner
“articulate why a person of ordinary skill in the art would have used Shiplacoff’s flicking gesture to switch from full screen mode to the launch screen. PO Resp. 47–49. Petitioner contends that Shiplacoff’s swipe up gesture teaches limitation [1j] by including a movement parameter above a movement threshold. Pet. 17–23. Petitioner contends that Shiplacoff teaches that a user can perform another gesture to return to the home screen. Id. at 23. Petitioner contends that when a gesture different from the swipe up gesture is used to return to the home screen, a person of ordinary skill would have used a flicking gesture because the flicking gesture has a different movement parameter than the swipe up gesture, namely, a movement parameter that does not meet the movement threshold. Pet. 23– 24 (citing Ex. 1004 ¶¶ 99–102, 167; Ex. 1003 ¶¶ 60–61). We agree with Petitioner for the reasons given in the Petition and as discussed above. We reiterate that using a gesture to return from home screen to launch screen as taught by Shiplacoff, where the gesture is a flicking gesture as taught by Shiplacoff, yields the predictable result of using a flicking gesture to return from home screen to launch screen. Ex. 1023 ¶ 13; Ex. 1003 ¶¶ 52–61; KSR, 550 U.S. at 416. We disagree with Patent Owner’s contention that Shiplacoff teaches away from using the flicking gesture to switch from full screen mode to the launch screen because, according to Patent Owner, Shiplacoff already uses the flick gesture to perform scrolling in full screen mode. PO Resp. 49–52 the same gesture in a given mode can be assigned to different functions depending on where, when, and how the gesture is input by the user, as discussed above. Reply 11–12 (discussing Shiplacoff’s teaching of associating the same tap gesture with different functions depending on where the tap occurs), 13–14 (discussing Duarte’s teaching of associating both a drag gesture and a scrolling gesture to the same mode). Ex. 1023 ¶¶ 16–19. We agree with Petitioner and Dr. Terveen, that based on the teachings of Shiplacoff (and, by incorporation, Duarte), a person of ordinary skill in the art would have recognized that a flick started in area 102 or near an edge of screen 101 and continuing onto screen 101 would be distinguished from a flick entirely within screen 101 based on location, and would perform a different function. Ex. 1023 ¶¶ 18–19. We also agree with Petitioner and Dr. Terveen, that Duarte teaches associating a gesture with one function when a modifier key is not pressed, and associating the same gesture with a different function when the modifier key is pressed, such that a flick performed when the key is not pressed would perform one function such as scrolling and a flick performed when the key is pressed would perform another, such as changing the display mode. Reply 15 (citing Ex. 2003 ¶ 64; Ex. 1023 ¶ 20). We agree with Petitioner that Shiplacoff does not teach away from using a flicking gesture to change from full screen mode to home screen because it “does not criticize, discredit, or otherwise discourage investigation into the invention claimed.” Reply 10 (quoting Depuy Spine, 567 F.3d at1327).” slip op. at 25
Patent outcomesUS 10,649,578 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,649,578
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.