- Donner Technology, LLC v. Pro Stage Gear, LLCRehearing grantedPTAB · Nov 9, 2018 · IPR2018-00708 · APJ John A Hudalla · IPR · Rehearing
The Board granted rehearing and instituted review of claims 9–13 and 22–30 on all petition grounds, finding a reasonable likelihood of prevailing on the asserted obviousness challenges.
RulingsRehearing decision- RehearingRehearing, grantedGranted
“for an abuse of discretion. See 37 C.F.R. § 42.71(c). The party requesting rehearing has the burden of showing the decision should be modified, which” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“SCC-700 and Mullen teaches all the limitations of claim 9. Pet. 35–54. Petitioner has also provided a reason with a rational underpinning for combining Mullen with SCC-700. Id. at 43–44. Thus, Petitioner has established a reasonable likelihood that it would prevail in showing that the subject matter of claim 9 would have been obvious over the combination of SCC-700 and Mullen.” slip op. at 10
- Obviousness (§103) › Analogous artAnalogous artDecided for petitioner
“Institution, our determination that Mullen is nonanalogous art was based on defining the relevant problem as “guitar effects pedal mounting.” Dec. 20. Notwithstanding, Petitioner does present some evidence that a problem addressed by Mullen—namely, providing wiring channel space under shelf parts—is reasonably pertinent to a problem recognized in the ’023 patent— namely, providing an area for cable routing and placement in a pedal effects mounting board.” slip op. at 3
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedReference is prior artDecided for petitioner
“For purposes of this Decision, we determine that SCC-700 qualifies as prior art under § 102(b) based on Petitioner’s evidence of public dissemination of SCC-700 during the 1980s. See Pet. 20–23. The public dissemination of SCC-700 occurred more than one year before the earliest possible effective filing date of the challenged claims, which is September 7, 1999. Ex. 1001, [60].” slip op. at 7
§ 102 anticipation§ 103 obviousnessDiscretionary denialcites KSRPatents in suitUS 6,459,023 - Plaid Technologies, Inc. v. Yodlee, Inc. And Yodlee.Com, Inc.Rehearing grantedPTAB · Aug 12, 2016 · IPR2016-00275 · APJ John A Hudalla · IPR · Rehearing
The Board denied Plaid’s rehearing request and maintained denial of institution because Plaid failed to show good cause to excuse late service and an incomplete, time-barred petition.
RulingsRehearing decision- PTAB / AIA Trials › §315(b) time barDenied
“treatment of the service issue. Our regulations state that a filing date will not be accorded to a Petition until, among other things, service is effected. See 37 C.F.R. §§ 42.105(a), 42.106(a). The undisputed evidence put forth by Plaid indicates that it did not attempt to serve Yodlee with the Petition and supporting evidence until December 3, 2015. See Req. Reh’g 2; Ex. 1022 ¶ 9. In our Decision, we applied the regulations to the particular facts of this case and “determine[d] that December 3, 201[5], is the earliest date by which Plaid satisfied the service requirement for according the Petition a filing date.” Dec. 7 (citing 37 C.F.R. §§ 42.105(a), 42.106(a)). Therefore, we maintained the initial filing date accorded to the Petition, which was one day after the statutory deadline under § 315(b), and we termed Plaid’s service activities to be “late service.”1 Dec. 6–7. Indeed, Plaid would have had no reason to file a motion to change the filing date had its actions not been “late.” Moreover, our Decision expressly stated that we did not need to “address whether, under appropriate circumstances, we have authority to grant an earlier filing date.” Dec. 8. Rather, our Decision focused on whether Plaid had shown good cause to waive the service requirements imposed by 37 C.F.R. §§ 42.105(a) and 42.106(a). Id. at 8–10. Irrespective of the interplay among the relevant regulations and statutory deadline under § 315(b), we found that Plaid had not shown good cause and that it was not in the interests of justice to excuse Plaid’s late service under 37 C.F.R. § 42.5(b) and (c)(3). See id. Among other reasons, we were not persuaded that waiting for potential changes from a declarant constituted good cause for Plaid to delay its filing and eventual service of the Petition and supporting evidence. See Dec. 8–9. We also weighed the potential” slip op. at 3
- RehearingRehearing, grantedRehearing, deniedGranted in part
“for an abuse of discretion. 37 C.F.R. § 42.71(c). An abuse of discretion may be determined if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if the decision represents an unreasonable judgment in weighing relevant factors. Star Fruits S.N.C. v. United States, 393 F.3d 1277, 1281 (Fed. Cir. 2005); Arnold P’ship v. Dudas, 362 F.3d 1338, 1340 (Fed. Cir. 2004); In re Gartside, 203 F.3d 1305, 1315-16 (Fed. Cir. 2000). The party requesting rehearing has the burden of showing the decision should be modified, which includes specifically identifying all matters the party believes we misapprehended or overlooked. 37 C.F.R. § 42.71(d).” slip op. at 2
Discretionary denialPatents in suitUS 6,199,077
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.