- Affordable Wire Management, LLC v. Cambria County Association For The Blind And Handicapped, Inc.All claims unpatentablePTAB · Mar 7, 2025 · IPR2024-00139 · APJ Nathan A Engels · IPR · Final written decision
Claims 1–19 are unpatentable as obvious over the CAB Website and CAB Whitepaper; the Board did not reach the other instituted grounds.
RulingsFinal written decision- Skill levelSkill level board ownDecided for petitioner
“would have had a bachelor’s degree in a pertinent discipline, such as electrical engineering, civil engineering, mechanical engineering or equivalent with 2–3 years of experience in electrical utility systems, planning, and design” and “the number of years of experience could be higher or lower given the level of education and vice versa.” Pet. 23. In its Preliminary Response, Patent Owner contended Petitioner’s level of ordinary skill is too high. Prelim. Resp. 32. According to Patent Owner, a POSITA would have had “an associate degree in an engineering discipline, and 1–2 years’ experience in electrical power systems” and “[a] lack of work experience can be remedied by additional education, and vice versa.” Prelim. Resp. 31 (citing Ex. 2001 ¶ 21). Our Institution Decision states that we preliminarily determined a POSITA would have had a bachelor’s degree in an engineering discipline and two years of experience in electrical power systems. Inst. Dec. 5–6. Patent Owner’s Response states that Patent Owner applies the Board’s 9 The parties have not directed our attention to any objective evidence of obviousness or non-obviousness. preliminary determination (PO Resp. 6, n.3), and Petitioner did not subsequently address the issue. Based on the full record, we determine a POSITA would have had a bachelor’s degree in an engineering discipline and two years of experience in electrical power systems. We are satisfied that this comports with the level of skill necessary to understand and implement the teachings of the ’291 patent and the asserted prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1354–55 (Fed. Cir. 2001) (explaining the applied prior art may reflect an appropriate level of skill). slip op. at 6
- Claim Construction › Intrinsic evidence (Phillips canons) › Lexicography (patentee as own lexicographer)Term construed petitioner constructionDecided for petitioner
“the cable hangers (which support the current wires, data wires and other wires). That is, a single multi-function line supports the cable hangers, as a messenger wire, and provides a current path, as a grounding conductor.” Ex. 1001, 2:33–37 (emphasis added). And the sentence following that passage, which is cited by both parties, states: “Accordingly, as used herein, a ‘multi-function line’ means a tension member that supports current wires and/or cable hangers, and, which is conductive.” Ex. 1001, 2:37–40 (emphasis added). The sentences immediately following that sentence provide additional context, stating: “That is, a messenger wire is not a ‘multi-function line.’ Similarly, a conductor that does not support other constructs is not a ‘multi-function line.’” Ex. 1001, 2:40–42 (emphasis added). Thus, the specification indicates that a multi-function line is a tension member, “is conductive,” and supports other constructs such as current wires and/or cable hangers. In contrast, the specification does not mention “effective ground fault current path.”” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“Based on the entire record, Petitioner shows that the combination of the CAB Website and the CAB Whitepaper satisfy the limitations of claim 1. We also agree with Petitioner that a POSITA would have had reason to combine the references’ teachings, at least because the CAB Website expressly refers to the CAB Whitepaper, suggesting to a POSITA that the references’ teachings should be considered together. Pet. 47–48; see Reply 6–8.” slip op. at 20
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for patent owner
“First, we agree with Petitioner that Patent Owner has not shown that the cited products are coextensive with, and have the required nexus between, the products and claim 1. See Reply 18–29. Even if Patent Owner sells an “Integrated Grounding System” that satisfies each limitation of claim 1, that system is undeniably comprised of “various” “exemplary” interchangeable parts that have uses outside of the claimed invention, that at least purportedly relate to many other of Patent Owner’s patents, and that were known in the prior art. E.g., Ex. 2064, ¶ 304 (identifying “exemplary” product part numbers, including CAB-9605, CAB-9705, CAB-9760, and CAB-9607), n.10; App’x A, A5 (identifying a part number “representative” part the “mid-pier kit”); Ex. 1049, 6–7 (identifying Patent Owner’s patent’s relating to different part numbers). For example, Patent Owner identifies two patent numbers purportedly protecting its “grounding Mid Pier Kit,” the ’551 patent and US Pat. No. 10,461,518. Ex. 1049, 6–7. Patent Owner identifies three of its patents as protecting its copper messenger wire, part number CAB-9605: (i) the ’551 patent, (ii) US Pat. No. 10,461,518, and (iii) US Pat. No. 10,811,859. Id. And Patent Owner identifies eight different patents, but not the ’551 patent, as protecting the cited cable hangers, CAB- 9760. Id. And as explained in the analysis above, all of these parts were known and available in the prior art, as evidenced by the CAB Website and the CAB Whitepaper. We can discern no nexus between the features of the ’551 patent and the alleged objective evidence of nonobviousness given that the so-called “Integrated System” includes multiple, interchangeable, and “exemplary” part numbers that were known in the prior art. See Yita LLC v. MacNeil IP LLC, 69 F.4th 1356, 1364 (Fed. Cir. 2023) (“But our case law makes clear that objective evidence of nonobviousness lacks a nexus if it exclusively relates to a feature that was known in the prior art—not necessarily well-known.” (internal quotations and citations omitted)); see also Tokai Corp. v. Easton Enters., Inc., 632 F.3d 1358, 1369 (Fed. Cir. 2011) (“If commercial success is due to an element in the prior art, no nexus exists.”).” slip op. at 21
Patent outcomesUS 10,177,551 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,177,551 - Netflix, Inc. v. Avago Technologies International Sales Pte. LimitedAll claims unpatentablePTAB · Feb 28, 2025 · IPR2021-00045 · APJ Nathan A Engels · IPR · Remand
Claims 1–3, 9–11, and 17–19 are unpatentable as obvious over Masters; claims 5, 13, and 21 are unpatentable as obvious over Masters and Stone.
RulingsRemand decision- RemandOther
“stated that on remand, the Board should “adopt a new construction that includes application instance-level, application-level, device-level, and tierlevel data” and “the Board should determine whether Masters, including its Decision Review Display and Path Display, renders the ‘collecting’ and ‘correlating’ limitations obvious in view of the Board’s new construction. In addition, the Board should consider Masters’ Appendix J in assessing whether Masters’ Path Display teaches life cycle events and the claimed correlating step.” Netflix, 2024 WL 3507601 at *8. After the Federal Circuit issued its mandate, with our authorization, the parties filed the following briefs: Petitioner’s Opening Brief on Remand (Paper 41, “Pet. Remand Br.”), Patent Owner’s Response Brief on Remand (Paper 42, “PO Remand Resp.”), Petitioner’s Reply Brief on Remand (Paper 43, “Pet. Remand Reply”), and Patent Owner’s Sur-Reply Brief on Remand (Paper 44, “PO Remand Sur-Reply”).” slip op. at 3
- Skill levelSkill level patent owner adoptedDecided for patent owner
“We determine a POSITA would have had “a bachelor’s degree in Electrical Engineering, Computer Science, or a similar discipline, with one or two years of experience,” which is consistent with the parties’ arguments and testimony of the parties’ declarants, as well as the level reflected in the ’722 patent and the asserted prior art. We determine it is unnecessary to reach the parties’ additional statements of the knowledge and skills that a POSITA would allegedly possess, as the parties’ arguments do not hinge on those statements.” slip op. at 12
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner
“We find Petitioner’s proposed construction to be generally consistent with the intrinsic record (including the claim language) and the Federal Circuit’s guidance. However, we decline to adopt the use of “related to” instead of “associated with” in Petitioner’s proposed construction because we determine the language used in the claim, “associated with,” is clear enough on its face and Petitioner provides no persuasive justification for altering the plain meaning to “related to”. Consistent with the Federal Circuit’s guidance, we determine the proper construction of “performance data” further includes data pertaining to the performance of a server and/or a technology tier. Netflix, 2024 WL 3507601 at *6 (citing Ex. 1001, 3:56–57, 4:3–8, 4:14–18, 7:26–29). Accordingly, we determine “performance data” means “data associated with the performance of one or more application instances, including instance-level, application-level, device-level, and tierlevel data and includes data pertaining to the performance of a server and/or a technology tier.” We determine no other terms require express construction. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.”) (quoting Vivid Techs., Inc. v. Am. Sci. & Eng'g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)).” slip op. at 14
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“Applying our construction of “performance data,” we agree with Petitioner that, among other things, the CPU utilization and review time shown in Masters’ Figure 5.6.2.1-2 and Figures 8A and 8B fall within the scope of the claimed “performance data.” See Pet. 50–56; Reply 17. The CPU utilization data and review time data are both data associated with the performance of one or more application instances. Further, the Figures and corresponding description in Appendix J evidence collection of the performance data for each application instance. Pet. 34–38, 50; Ex. 1024, 39. Similarly, the startup of a copy of the Auto-Special process on Altair11 constitutes a life cycle event, as it is the creation of an application instance, and the termination of Auto-Special on Altair7 is another example of a life cycle event, as claimed. Ex. 1024, 39; see Pet. 39–44. We agree with Petitioner that these Figures and related descriptions in Masters teach collecting performance data and correlating the performance data to the life cycle events. See Pet. 46, 50–55. We also agree with Petitioner that Masters’ Figures 9A and 9B similarly show the collection and correlation of performance data, at least with the response time, action time, CPU score, and similar metrics depicted in the Figures. Pet. 47–49. Figures 9A and 9B show the correlation of the performance data to a life cycle event, by, for example, depicting the performance issue (an overload on Altair11) that cause the creation of a new application instance on Altair3. Pet. Reply 12. We agree with Petitioner that the response time to trigger the creation of an application instance on Altrair3 and the amount of time the application instance takes to start are two examples of performance data correlated with the life cycle event. Pet. Masters, Figures 9A and 9B depict Masters’ Decision Review Display that provides a summary of allocation and reallocation actions taken by the RMA, and “[f]or each action, timing information regarding how long it took the Resource Management functions, e.g., the Resource Manager . . . and the Program Controller . . ., to both arrive at a decision and to enact the decided action are shown along with host fitness scores that were used in arriving at the allocation decision.” Ex. 1004, 30:1–10. We disagree with Patent Owner’s arguments that the Masters’ “response time” “cannot be associated with the performance of the ‘Semi-Auto’ application instance because the response time passes before the instance exists” (PO Remand Br. 4), and we agree with Petitioner that the time required to start an application instance is a metric associated with the creation of that instance. In sum, we agree with Petitioner that Masters teaches the Correlating Limitations.” slip op. at 28
Patent outcomesUS 7,457,722 unpatentableClaim construction§ 103 obviousnesscites GrahamPatents in suitUS 7,457,722 - Netflix, Inc. v. Avago Technologies International Sales Pte. LimitedAll claims unpatentablePTAB · Feb 28, 2025 · IPR2021-00431 · APJ Nathan A Engels · IPR · Remand
Claims 4, 6–8, 12, 14–16, 20, and 22 are unpatentable as obvious over Masters.
RulingsRemand decision- RemandOther
“stated that on remand, the Board should “adopt a new construction that includes application instance-level, application-level, device-level, and tierlevel data” and “the Board should determine whether Masters, including its Decision Review Display and Path Display, renders the ‘collecting’ and ‘correlating’ limitations obvious in view of the Board’s new construction. In addition, the Board should consider Masters’ Appendix J in assessing whether Masters’ Path Display teaches life cycle events and the claimed correlating step.” Netflix, 2024 WL 3507601 at *8. After the Federal Circuit issued its mandate, with our authorization, the parties filed the following briefs: Petitioner’s Opening Brief on Remand (Paper 37, “Pet. Remand Br.”), Patent Owner’s Response Brief on Remand (Paper 40, “PO Remand Resp.”), Petitioner’s Reply Brief on Remand (Paper 41, “Pet. Remand Reply”), and Patent Owner’s Sur-reply Brief on Remand (Paper 42, “PO Remand Sur-reply”).” slip op. at 3
- Skill levelSkill level patent owner adoptedDecided for patent owner
“We determine a POSITA would have had “a bachelor’s degree in Electrical Engineering, Computer Science, or a similar discipline, with one or two years of experience,” which is consistent with the parties’ arguments and testimony of the parties’ declarants, as well as the level reflected in the ’722 patent and the asserted prior art. We determine it is unnecessary to reach the parties’ additional statements of the knowledge and skills that a POSITA would allegedly possess.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“We find Petitioner’s proposed construction to be generally consistent with the intrinsic record (including the claim language) and the Federal Circuit’s guidance. However, we decline to adopt the use of “related to” instead of “associated with” in Petitioner’s proposed construction. Consistent with the Federal Circuit’s guidance, we determine the proper construction of “performance data” further includes data pertaining to the performance of a server and/or a technology tier. Netflix, 2024 WL 3507601 at *6 (citing Ex. 1001, 3:56–57, 4:3–8, 4:14–18, 7:26–29). Accordingly, we determine “performance data” means “data associated with the performance of one or more application instances, including instance-level, application-level, device-level, and tier-level data and includes data pertaining to the performance of a server and/or a technology tier.”” slip op. at 13
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“With that backdrop, we agree with the parties that the claim language itself sufficiently defines the term “application instance” and that it is unnecessary to further define the term.” slip op. at 17
Patent outcomesUS 7,457,722 unpatentableClaim construction§ 103 obviousnesscites GrahamPatents in suitUS 7,457,722 - Affordable Wire Management, LLC v. Cambria County Association For The Blind And Handicapped, Inc.All claims unpatentablePTAB · Feb 25, 2025 · IPR2024-00178 · APJ James P Calve · IPR · Final written decision
Claims 1–10, 14–22, 24, and 25 are unpatentable as obvious over Carr and Almy; the Board did not reach the alternative Caveney grounds.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“II. DISCUSSION A. Level of Ordinary Skill in the Art Petitioner asserts that a skilled artisan would have had “a bachelor’s degree in a pertinent discipline, such as electrical engineering, civil engineering, mechanical engineering or equivalent with 2–3 years of experience in electrical utility systems, planning, and design.” Pet. 20 (citing Ex. 1002 ¶ 51). Petitioner also asserts that the number of years of experience could be higher or lower given the level of education and vice versa. Id. (citing Ex. 1002 ¶ 51).” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Preamble limiting or notPreamble not limitingDecided for petitioner
“In general, a preamble limits the invention if it recites essential structure or steps, or if it is necessary to give life, meaning, and vitality to the claim.” Cochlear Bone Anchored Solutions AB v. Oticon Med. AB, 958 F.3d 1348, 1354–55 (Fed. Cir. 2020) (quoting Catalina Mktg. Int’l v. Coolsavings.com, Inc., 289 F.3d 801, 808 (Fed. Cir. 2002)). We agree with Petitioner that the preambles of claims 1 and 6 recite an intended use. The bodies of both claims recite a structurally complete system comprising a messenger wire and a plurality of cable hangers that are disposed along and suspended from the messenger wire and have a plurality of cable carrying surfaces structured to support at least one electrical cable of the plurality of electrical cables and are separated by a cable carrier divider. Ex. 1001, 10:27–37. According to the preambles, the system are used “for organizing a plurality of electrical cables extending from a plurality of solar panels.” Id. at 10:24–26. slip op. at 9
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“Petitioner asserts that Patent Owner’s construction “only replaces ‘organizing’ with ‘separating’” and “organizing” has a broader ordinary meaning than separating and includes “to arrange or order” not merely to separate. Reply 4 (citing Exs. 1052, 1053); id. at 5 (“Separated cables may be organized. But not all organized cables are necessarily separated.”). We adopt Petitioner’s interpretation of “organizing” as “to arrange or order.” Reply 4. This meaning is consistent with the preamble language of “[a] system for organizing a plurality of electrical cables extending from a plurality of solar panels” comprising a messenger wire and cable hangers disposed along and suspended from the messenger wire with cable carrying surfaces that support electrical cables separated by a divider. Ex. 1001, 10:24–37. The system organizes electrical cables by (1) suspending them from a messenger wire on cable hangers, (2) supporting the cables on cable carrying surfaces of each cable hanger, and (3) separating the cables on adjacent cable carrying surfaces of the cable hangers by using a divider. The “organizing” in the preamble encompasses each of these ways of arranging or ordering the electrical cables but is not limited to any particular way of doing so and merely recites an intended use of the systems. Because we interpret the preamble as reciting an intended use of the systems, we also interpret this portion of the preamble as an intended use of those systems. Our Decision would be the same under Patent Owner’s interpretation that organizing means separating because the combination of Almy and Carr renders obvious a system for organizing electrical cables extending from solar panels by suspending them from a messenger wire on cable hangers that also separate the cables, as discussed infra in Section II.D. See Reply 12 n.4.” slip op. at 12
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“Patent Owner argues that a skilled artisan would not have replaced Almy’s wire loops with Carr’s hangers to prevent cross-induction because Almy discloses only DC power cables that extend from the photovoltaic (PV) modules to a combiner box and inverter that converts DC current to AC current without disclosing AC cables or data cables in close proximity to Almy’s DC cables that could create a cross-induction effect. PO Resp. 39– 44 (citing Ex. 1004 ¶¶ 3, 15, 34, Figs. 3, 6; Ex. 2038 ¶¶ 153, 154, 157–160, 163; Ex. 2004, 85:23–86:2, 148:9–14, 154:12–19). We disagree. We agree with Petitioner that a skilled artisan would have used Carr’s cable hangers to organize electrical cables in Almy’s solar power system and prevent cross-induction between AC, DC, and/or data cables. Pet. 45–46; Reply 12–13; Ex. 2001 ¶¶ 53–55. A skilled artisan would know that Carr’s cable hangers would improve Almy’s solar power system by supporting AC, DC, and/or data cables without cross-induction. Pet. 46; Reply 13; Ex. 1002 ¶¶ 48, 96–99; Ex. 1005, 1:27–34, 2:15–27, Fig. 1. Carr’s hangers would satisfy regulations requiring AC and DC cables to be separated. Reply 13. Because Almy’s wire loops cannot comply with NEC regulations that require the separation of AC, DC, and data cables, they limit the ability of Almy’s system to power trackers with AC current to move PV modules to track the sun and obtain maximum power. Ex. 1001, 1:20–56; PO Resp. 7–8 (describing the solar industry trend to use trackers and NEC rules requiring separation of AC, DC, and signal cables for such systems). Carr’s hangers would enable Almy’s solar power system to organize AC, DC, and data cables for solar panels and trackers on a single messenger wire to increase efficiency, comply with NEC rules, prevent cross induction, and avoid the costs of trenching and cable trays. Reply 12–13; Pet. 45–47; Ex. 1005, 1:27–34 (Carr’s cable hangers separate arial conducting cables to minimize cross induction); Ex. 1002 ¶¶ 32–36 (describing the benefits of separating electrical cables with hangers), 48, 96–98 (wire loops cannot prevent cross induction between current- and non-current-carrying cables as hangers do); Ex. 2001 ¶¶ 53–55 (NEC rules require separation of AC, DC, and signal cables); see Metso Mins., Inc. v Powerscreen Int’l Distrib., 526 F. App’x 988, 997 (Fed. Cir. 2013) (finding a motivation to combine to create a solution that complies with road permit regulations). Carr’s hangers would provide a simple, robust means to support and separate current- and non-current-carrying cables to prevent cross induction without deforming under load in Almy’s solar power system. See KSR, 550 U.S. at 417 (“[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill.”); Intel Corp. v. PACT XPP Schweiz AG, 61 F.4th 1373, 1380 (Fed. Cir. 2023) (citing Intel Corp. v. Qualcomm Inc., 21 F.4th 784, 799–800 (Fed. Cir. 2021)) (“This is the so-called ‘known-technique’ rationale. And if there’s a known technique to address a known problem using ‘prior art elements according to their established functions,’ then there is a motivation to combine.”); DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1368 (Fed. Cir. 2006) (an implicit motivation to combine exists when a combination produces a stronger, cheaper, faster, lighter, smaller, more durable, and/or more efficient product); Ex. 1002 ¶¶ 32 (IEEE Standard 142 and NSC Rule 235G require spacing of current-carrying and data cables to avoid cross-linking), 42 (2014 NEC spacing requirements), 96–99 (Carr’s hangers support and space conducting cables to prevent cross-linking).” slip op. at 16
Patent outcomesUS 11,349,291 unpatentableClaim construction§ 103 obviousnesscites Phillips · GrahamPatents in suitUS 11,349,291 - Cisco Systems, Inc. / Juniper Networks, Inc. v. Orckit CorporationAll claims unpatentablePTAB · Oct 22, 2024 · IPR2024-00026 · APJ Kristen L Droesch · IPR · Final written decision
Claims 1–31 are unpatentable under § 103(a) over Bruckman; the Board did not reach the additional grounds.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Specification disavowal / 'present invention' languageDisclaimer not foundDecided for petitioner
“We do not agree with Patent Owner’s arguments that the ’740 Patent Specification disavows “any configurations where the user port is fixedly assigned to a specific backplane trace” from the full scope of the claim. Patent Owner’s citations to disclosures in the ’740 Patent Specification do not disparage the prior art, but merely contrast the configurations of the user ports and backplane traces disclosed in the ’740 Patent to “some known network element configurations” and “some conventional network elements.” See Ex. 1001, 1:66–2:4, 5:13–21. We find that the comparison of the disclosed configurations of user ports and backplane traces to that of the prior art in the ’740 Patent Specification does not constitute a clear disavowal of the first physical link fixedly assigned to the second physical link. See Continental Circuits LLC v. Intel Corp., 915 F.3d 788, 798 (Fed. Cir. 2019) (“[C]omparing and contrasting the present technique to that of the prior art does not ‘rise to the level of a clear disavowal’ of claim scope.”). Accordingly, we decline to construe “selecting, in a single computation based on at least one of the frame attributes, a first physical link out of the first group and a second physical link out of the second group” as requiring “the first physical link is not fixedly assigned to the second words of the claim their ordinary and customary meanings.” slip op. at 16
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“As demonstrated in the analysis below, we need not construe “interface module.” See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).” slip op. at 10
- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art Petitioner asserts that a person of ordinary skill in the art “(‘POSITA’) in April 2006 would have had a working knowledge of computer networking, including such commonly used technologies as Ethernet and the internet protocol / transmission control protocol (TCP/IP) suite.” Pet. 18 (citing Ex. 1003 ¶¶ 7–9). Petitioner further asserts that “[a] POSITA would two years of professional experience in the field of communication networks, including link aggregation in communication networks.” Id. (citing Ex. 1003 ¶¶ 7–9). “For purposes of this Patent Owner Response, Patent Owner does not dispute Petitioner’s level of ordinary skill.” PO Resp. 21. We adopt Petitioner’s definition of a person of ordinary skill in the art because it is supported by declaration testimony and is consistent with the level of skill reflected by the ’740 Patent Specification and the asserted prior art.” slip op. at 19
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“1 Juniper Networks, Inc. filed a motion for joinder and a petition in IPR20240-00034, which were granted. Accordingly, Juniper Networks, Inc has been joined as a petitioner in this proceeding.” slip op. at 1
Patent outcomesUS 7,545,740 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 7,545,740 - Cisco Systems, Inc. / Juniper Networks, Inc. v. Orckit CorporationAll claims unpatentablePTAB · Oct 22, 2024 · IPR2023-00401 · APJ Kristen L Droesch · IPR · Final written decision
Claims 1–31 are unpatentable under § 103(a) over Bruckman; the Board did not reach the additional grounds.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Specification disavowal / 'present invention' languageDisclaimer not foundDecided for petitioner
“We do not agree with Patent Owner’s arguments that the ’740 Patent Specification disavows “any configurations where the user port is fixedly assigned to a specific backplane trace” from the full scope of the claim. Patent Owner’s citations to disclosures in the ’740 Patent Specification do not disparage the prior art, but merely contrast the configurations of the user ports and backplane traces disclosed in the ’740 Patent to “some known network element configurations” and “some conventional network elements.” See Ex. 1001, 1:66–2:4, 5:13–21. We find that the comparison of the disclosed configurations of user ports and backplane traces to that of the prior art in the ’740 Patent Specification does not constitute a clear disavowal of the first physical link fixedly assigned to the second physical link. See Continental Circuits LLC v. Intel Corp., 915 F.3d 788, 798 (Fed. Cir. 2019) (“[C]omparing and contrasting the present technique to that of the prior art does not ‘rise to the level of a clear disavowal’ of claim scope.”). Accordingly, we decline to construe “selecting, in a single computation based on at least one of the frame attributes, a first physical link out of the first group and a second physical link out of the second group” as requiring “the first physical link is not fixedly assigned to the second words of the claim their ordinary and customary meanings.” slip op. at 16
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“For the purpose of resolving the controversy before us, we need not construe the phrase “arranged in parallel.” We do not agree with either of the proposed constructions for that seek to define “arranged in parallel” in relation to “relevant endpoints,” “a common relevant endpoint,” “a second relevant endpoint,” or “between a user node and a communication network.” Claim 1 already includes a description of endpoints for the second group of second physical links arranged in parallel: “each of the one or more interface modules” and “a communication network” because claim 1 recites “coupling each of the one or more interface modules to a communication network using a second group of second physical links arranged in parallel.” Ex. 1001, 11:4–6. Independent claims 4, 5, 13, 17, 19, 20, and 28 each recite identical or similar limitations. See Ex. 1001, 11:28–15:28. Other Claim Terms and Phrases As demonstrated in the analysis below, we need not construe any other claim terms or phrases. See Realtime Data, 912 F.3d at 1375.” slip op. at 19
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“C. Principles of Law A claim is unpatentable under 35 U.S.C. § 103 if the differences between the claimed subject matter and the prior art are such that the subject matter, as a whole, would have been obvious at the time the invention was made to a person having ordinary skill in the art to which the subject matter pertains. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406 (2007). The question of obviousness is resolved on the basis of underlying factual determinations, including: (1) the scope and content of the prior art; (2) any differences between the claimed subject matter and the prior art; (3) the level of skill in the art; and (4) if in evidence, so-called secondary considerations. Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966).6 6 The parties do not present evidence or arguments regarding secondary considerations.” slip op. at 20
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“We also do not agree with Patent Owner’s substantive arguments. We agree with Petitioner that, in the flow of data from the core network to the network nodes 24, 26, 28 in Bruckman, there is a selection of a trace 52 out of the group of four traces 52 in order to send data to the appropriate line card 34, link 30, and node 24, 26, 28. We have reviewed Petitioner’s analysis addressing dependent claim 11 (see Pet. 58–63) and find that this selecting a trace 52 out of the group traces 52. For these same reasons, we also do not agree with Patent Owner’s argument that “given that Bruckman discloses a system in which the trace is ‘determined’—and not selected—by the selection of a link 30, a POSITA would understand that Bruckman does not disclose the claimed selections in ‘a single computation.’” PO Resp. 53. More particularly, the analysis addressing claim 11, cited by Petitioner, provides additional explanation that Bruckman’s equipment 22 is a two-level demultiplexer structure with concentrators 50 acting as a first level demultiplexer to select one of four links 30 and switching core 40 acting as a second-level demultiplexer by distributing data frames from the input channel among four separate traces 52. See Pet. 58–59 (reproducing Ex. 1005, Fig. 2 (with Petitioner’s added annotations); citing Ex. 1003 ¶ 137; Pet. 23–27). The cited analysis further explains that Bruckman’s equipment 22 shown in Figure 2 includes a control line from controller 42 to the switching core 40 and control lines to each of the concentrators 50. See Pet. 59–60 (reproducing Ex. 1005, Fig. 2 (with Petitioner’s added annotations); citing Ex. 1003 ¶ 138). According to Petitioner, “[g]iven this well-known, two-level structure, a POSITA would have found it obvious for Bruckman’s [e]quipment 22 to be controlled in a manner consistent with well-known two-level demultiplexer control techniques.” Pet. 59 (citing Ex. 1003 ¶ 138). The cited analysis further explains that “[b]ecause each of the demultiplexing devices (switching core 40 and concentrators 50) in [Bruckman’s] Fig. 2 has one input and four outputs, a POSITA would have found it obvious to control each with a two-bit command signal.” Pet. 60 (citing Ex. 1003 ¶ 139). According to Petitioner, switching core (second-level demultiplexer) to select a trace 52. A different two-bit signal would be used to control the concentrators (first-level demultiplexers) to select a link 30, consistent with known techniques for controlling two-level demultiplexers. Such techniques . . . would have been in the background knowledge of a POSITA. Pet. 61 (citing Ex. 1003 ¶ 139; Pet. 33); see Pet. 62–63 (reproducing Ex. 1007, Fig. 5.17(a) (with Petitioner’s annotations added); citing Ex. 1003 ¶¶ 139–141).” slip op. at 34
Patent outcomesUS 7,545,740 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 7,545,740 - Cisco Systems, Inc. / Dell Technologies Inc. et al. v. Corrigent CorporationAll claims unpatentablePTAB · Jul 3, 2024 · IPR2023-00168 · APJ Nathan A Engels · IPR · Final written decision
Claims 1–20 are unpatentable under § 103 based on five grounds combining Klassen with Geiger, Kao, and/or Poulin.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner contends a person of ordinary skill in the art at the time of the invention would have had “a working knowledge of network communications, including ring networks and latency calculation methodologies” and “a bachelor’s degree in computer science, computer engineering, electrical engineering, or an equivalent training, and approximately two years of work experience in network communications.” Pet. 9 (citing Ex. 1003 ¶ 19). Petitioner also states that a lack of work experience can be remedied by additional education, and vice versa. Pet. 9 (citing Ex. 1003 ¶ 19). Patent Owner states that it uses the same definition of a person of ordinary skill in the art. PO Resp. 4. We determine Petitioner’s level of ordinary skill is supported by testimonial evidence and is consistent with the level reflected by the ’485 patent and the asserted prior art, and we apply Petitioner’s level of ordinary skill in this Decision.” slip op. at 5
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Neither party proposes any express claim constructions (Pet. 10; PO Resp. 3), but Patent Owner notes that the district court in the parties’ co-pending litigation construed certain claim elements, such as the preamble and “latency measurement packet” (PO Resp. 3 (citing Ex. 2001, 3; Ex. 2005 ¶ 38). We determine it is unnecessary to construe any terms. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).” slip op. at 6
- Obviousness (§103) › Analogous artAnalogous artDecided for petitioner
“Contrary to Patent Owner’s focus on latency evaluations, “[t]he field of endeavor of a patent is not limited to the specific point of novelty, the narrowest possible conception of the field, or the particular focus within a given field.” Unwired Planet, LLC v. Google Inc., 841 F.3d 995, 1001 (Fed. Cir. 2016). “Unlike the reasonable-pertinence test, the field-of-endeavor test does not look to the problem that the patent purports to address.” Netflix, 80 F.4th at 1359. As noted by Petitioner, Geiger and the ’485 patent “both operate with ‘packet-switched network communications.’” Reply 17. In fact, Patent Owner acknowledges that the ’485 patent relates to packet-switched networks in describing the field as “latency evaluations in packet-switched networks.” PO Resp. 8. Likewise, the ’485 patent describes its field of invention broadly with latency measurements being the particular focus within the field, stating “[t]he present invention relates generally to network communication systems and protocols, and specifically to methods of latency measurements in packet-switched networks, and particularly in ring networks.” Ex. 1001, 1:6–9. And Geiger, describing its field of invention, states “[t]he present invention relates generally to data communication systems and, in particular, to a method and apparatus for adaptively compressing and expanding data packets in a data communication system.” Ex. 1006, 1:7–10. Further supporting Petitioner’s relatively broad recitation of the field of endeavor, each expert states that a person of ordinary skill would have had “approximately two years of work experience in network communications.” Ex. 2005 ¶ 24; see also Ex. 2005 ¶ 6 (Dr. Rouskas stating he is an expert “in network communication systems and especially packet-switched network communication systems and the various fields therein, including fields related to latency”). Weighing the evidence of record, we agree with Petitioner that the relevant field of endeavor of the ’485 patent is packet-switched network communications, and we further agree that Geiger is from the same field. Because we determine Geiger satisfies the field-of-endeavor test for analogous art, we do not reach the reasonably-pertinent test.” slip op. at 14
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner
“The evidence of record establishes that disregarding packets received out of order was a known solution in the field of network communications. STRING CITE; Ex. 1051, 49:1–5 (Dr. Rouskas agreeing that a person of ordinary skill would understand the process for dropping out-of-order packets). Further, we credit Dr. Houh’s testimony that a person of ordinary skill would have understood the value in testing a network in view of the network’s ordinary packet handling such that “[t]reating out-of-order probative test packets just like common protocols treat out-of-order packets transmitted on the network would offer further insight into normal network operations.” Ex. 1003 ¶ 134. Contrary to Patent Owner’s arguments (PO Resp. 16–17), combining the relied-upon teachings of Geiger with Klassen would not have required considering out-of-order packets to be timed out, nor would the combination render Klassen’s teachings in operable; Patent Owner’s expert Dr. Rouskas agreed that a person of ordinary skill would understand the process for dropping out-of-order packets. Ex. 1051, 49:1–5. Weighing the evidence of record, we agree with Petitioner that a person of ordinary skill that understands the process for dropping out-of-order packets would have understood how to implement such a process in Klassen’s system with predictable success. See Pet. 29–30. Further, Klassen’s teachings regarding handling of timed-out packets do not rise to the level of teaching away from the proposed combination because nothing in Klassen criticizes, discredits, or otherwise discourages the known process of discarding out-of-order packets. In re Fulton, 391 F.3d 1195, 1201 (Fed.Cir.2004). Further, “a reference does not teach away if a skilled artisan, upon reading the reference, would not be ‘discouraged from following the path set out in the reference,’ and would not be ‘led in a direction divergent from the path that was taken by the applicant.’” Adapt Pharma Operations Ltd. v. Teva Pharms. USA, Inc., 25 F.4th 1354, 1370 (Fed. Cir. 2022) (quoting DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., 567 F.3d 1314, 1327 (Fed. Cir. 2009)). Indeed, Klassen does not specifically address out-of-order packets, much less direct a person of ordinary skill to handle out-of-order packets in ways divergent from the known process of dropping such packets as described in Geiger. See Ex. 1005, 9:60–63; Ex. 1051, 70:20–71:5; Reply 20–21. Accordingly, weighing all of the evidence of record, we determine Petitioner has established that a person of ordinary skill would have had reason to combine the cited teachings of Geiger with the teachings of Klassen.” slip op. at 18
Patent outcomesUS 7,113,485 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 7,113,485 - Samsung Electronics Co., Ltd / Samsung Electronics America, Inc. v. Staton Techiya, LLCAll claims unpatentablePTAB · Jan 5, 2024 · IPR2022-01106 · APJ Russell E Cass · IPR · Final written decision
Claims 1–6, 11, 12, 15, and 16 are unpatentable under the Couper-Lemelson and White-Soufflet-Comerford obviousness grounds.
RulingsFinal written decision- Skill levelDecided for petitioner
“C. Level of Ordinary Skill in the Art” slip op. at 11
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableMotivation foundUnpatentable
“For the foregoing reasons, and based on the full trial record, we find” slip op. at 27
Patent outcomesUS 11,039,259 unpatentable§ 103 obviousnesscites KSR · GrahamPatents in suitUS 11,039,259 - Apple Inc. / Samsung Electronics Co., Ltd. et al. v. Smart Mobile Technologies LLCAll claims unpatentablePTAB · Dec 4, 2023 · IPR2022-00982 · APJ Kevin Turner · IPR · Final written decision
Claims 1–3, 5, 6, 10, 13, and 16–18 are unpatentable as obvious over the Rautiola-based grounds; the Board did not reach the Grube and Gillig ground.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Level of Ordinary Skill in the Art The level of ordinary 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). The person of ordinary skill in the art is a hypothetical person presumed to have known the relevant art at the time of the invention. In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995). In determining the level of ordinary skill in the art, we may consider certain factors, 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.” Id.” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“Recently, the district court in the Texas litigations determined that the terms “dynamic” and “dynamically” are not indefinite, and construed them to mean “in real-time.” Ex. 1099, 13. Because Petitioner shows that the combined teachings of Rautiola, Regnier, and Sainton disclose “dynamic conversion” from a first function to a second function, and “switch[ing] dynamically” between local networks and public carrier networks under Patent Owner’s proposed construction, claim construction of “dynamic” and “dynamically” is not needed to resolve the present controversy. See Nidec, 868 F.3d at 1017. D.” slip op. at 10
- Obviousness (§103) › Analogous artAnalogous artDecided for petitioner
“To qualify as prior art for an obviousness analysis, a reference must qualify as “analogous art,” i.e., it must satisfy one of the following conditions: (1) the reference must be from the same field of the inventor’s endeavor; or (2) the reference must be reasonably pertinent to the particular problem with which the inventor is involved. K-TEC, Inc. v. Vita-Mix Corp., 696 F.3d 1364, 1375 (Fed. Cir. 2012).” slip op. at 13
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“Rautiola explains that, to deliver services to the mobile terminals, “the local area network has advantageously one or more servers which take care of certain functions related to the distribution of resources, such as the database services and voice mail and email services.” A POSITA would have been motivated to look to a technique, such as taught by Regnier, with implementation details regarding how database, voice mail, and e-mail services are distributed to mobile terminals. Regnier teaches one such technique for how a server in a client-server (c/s) network can provide multiple services to clients. Regnier describes “an ‘application server’ model in which some or all application programs are split into two portions. A server portion executes within the server computer, while a separate client portion executes within each client computer.” This “client portion 291 may be downloaded from server 110 to terminal 130.” Regnier further describes a “resource manager in a client/server computer network” that “controls the availability of system resources . . . for each of multiple application programs.” Since Rautiola’s server distributes services to a wireless device, it would have been obvious to a POSITA to use Regnier’s technique of an “application server model” with Rautiola’s server that distributes services to mobile terminals. Rautiola’s server would gain the advantages enumerated by Regnier, such as “enhanced and more precise control over the use of system resources.” Rautiola’s server would be improved because “resource restrictions can be imposed in a way which is transparent to the user, rather than merely by returning an ugly error message if the user attempts to engage the forbidden resource.” Pet. 28–29 (citing Ex. 1003 ¶¶ 69–74; Ex. 1005, 4:30–34; Ex. 1006, 1:35– 39, 3:8–9, 3:18–21, 5:52–53) (alteration in original). Patent Owner does not separately address the motivation to combine Rautiola, Regnier, and Sainton. See PO Resp. We determine that Petitioner has proven, by a preponderance of the evidence, that one of ordinary skill in the art would have been motivated to combine the teachings of Rautiola, Regnier, and Sainton, as provided in the Petition.” slip op. at 26
Patent outcomesUS 8,472,937 unpatentableClaim construction§ 103 obviousnessPatents in suitUS 8,472,937 - Netflix, Inc. v. Ca, Inc.All claims unpatentablePTAB · Aug 23, 2023 · IPR2022-00322 · APJ Jean R Homere · IPR · Final written decision
Claims 1–20 are unpatentable under § 103(a) over Verbeke, with claims 5, 11, 14, 17, 19, and 20 also unpatentable over Verbeke and Jalan, with or without Neiman.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“On this record, we observe that Petitioner’s undisputed assessment of a person of ordinary skill in the art is consistent with the level of ordinary skill in the art at the time of the invention as reflected in the prior art in the instant proceeding. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (“[T]he level of skill in the art is a prism or lens through which a judge, jury, or the Board views the prior art and the claimed invention.”); Ryko Mfg. Co. v. Nu-Star, Inc., 950 F.2d 714, 718 (Fed. Cir. 1991) (“The importance of resolving the level of ordinary skill in the art lies in the necessity of maintaining objectivity in the obviousness inquiry.”). To that end, we note that the prior art itself often reflects an appropriate skill level. See Okajima, 261 F.3d at 1355. Therefore, for purposes of this Decision, we adopt Petitioner’s assessment, except we decline to adopt “at least” as that language is vague and open-ended. Pet. 19. This assessment is consistent with the ’419 patent and the asserted prior art, and we apply it in our analysis below.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“Petitioner proposes to construe “a procedure of [an/the] application” as “a subpart of [an/the] application.” Pet. 20 (citing Ex. 1003 ¶¶ 62–67). Patent Owner characterizes the proposed claim construction as being “not material” to the arguments in its Response, and thereby declines to offer an alternative claim construction. PO Resp. 13. Based on the record before us, we do not discern a need to provide any express claim constructions because doing so would not change the outcome of the analysis below. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).” slip op. at 7
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“We have reviewed Petitioner’s contentions and the underlying evidence and find those contentions to be persuasive. In particular, Petitioner’s element-by-element (including the preamble) analysis for claim 1, as well as the specific references to Verbeke’s teachings provide explanation and evidence that sufficiently support Petitioner’s contentions. For the reasons discussed below, we do not agree with Patent Owner that the analysis set forth in the Petition fails to show that Verbeke teaches a first node telling a plurality of nodes to perform a same operation.” slip op. at 20
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundUnpatentable
“Our Review Based on the record before us, and, we agree with Petitioner Verbeke teaches the limitations of dependent claims 5, 11, 14, 17, 19, and 20. In particular, we agree with Petitioner that Verbeke’s disclosure of a job submitter submitting a code to its framework for distribution to worker nodes teaches the first node sending the code to the plurality of nodes, albeit via its framework, to instruct the plurality of nodes how to perform an operation, as well as what to do the result of the operation. Pet. 60. We further agree with Petitioner that Jalan’s parallelization and Neiman’s job division would complement Verbeke’s teaching to predictably result in a distributed computing system, which processes a job more efficiently between a plurality of nodes. Id. at 60–61. We have reviewed Petitioner’s arguments and the underlying evidence cited in support thereof, and we determine that Petitioner has demonstrated by a preponderance of the evidence that claims 5, 11, 14, 17, 19, and 20 are unpatentable under § 103(a) as obvious over the combination of Verbeke with Jalan, as well as the combination of Verbeke with Jalan, and Neiman.” slip op. at 40
Patent outcomesUS 8,656,419 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,656,419
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.