- Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.All claims unpatentablePTAB · Sep 2, 2026 · PGR2025-00021 · APJ Kimberly Mcgraw · PGR · Final written decision
Claims 1, 3–7, and 12–20 are unpatentable: the Board found the asserted Kim, Kim–Yang, Lee, and Lee–Haller obviousness grounds proved, but not Lee–Park.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“(e.g., an advanced degree may substitute for professional experience).” Pet. 21 (citing Ex. 1003 ¶¶ 36–37). Petitioner further contends that a “POSITA would also have been aware of and generally knowledgeable about 3D memory’s structure, its component parts, and how it operates.” Id. Patent Owner does not dispute Petitioner’s definition of a POSITA. PO Resp. 9. Based on our review of the complete record, we adopt Petitioner’s uncontested definition of a POSITA.” slip op. at 6
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for petitioner
“The plain language of claim element [1.A] recites “wherein the first material layer is disposed over a first portion of the second material layer;” and claim element [1.B] recites “a landing pad disposed over a second portion of the second material layer.” Thus, the plain language of the claim merely recites that the first material layer is disposed over a first potion of the second material layer and the landing pad is disposed over a second portion of the second material layer. The plain language does not define what constitutes the first or second portions of the second material layer or define the first or second portions of the material layer by what is disposed above the layers. We agree with Petitioner that the term “portion” has a straightforward plain and ordinary meaning: a “part” of a larger whole. Pet. 5 (citing Ex. 1077, 406 (defining “portion” as “a part of a whole”)). The ’838 patent itself repeatedly uses the term “portion” this way. Ex. 1001, 5:40–43 (discussing both “an upper portion” and “lower portion” of a “staircase”), 5:66–6:1 (referencing “a portion of a top surface of a layer”); see also 4:39– 40, 7:15–17, 8:20–33, 8:34–65, 11:60–64, 12:38–59. Thus, we understand that the first and second portions of the second material layer are portions of (i.e., a part of the whole) second material layer. Neither the claims nor the Specification define what can constitute a first portion or a second portion of a second material layer.” slip op. at 11
- Expert testimonyPatent owner expert creditedPetitioner expert discountedDecided for patent owner
“Dr. Giapis, argues Petitioner’s proposed modification of Lee requires a POSITA to (1) start with an oxide-based insulating layer 22 as shown in Figure 5B of Lee, (2) introduce an oxidant gas into the adjacent openings, and (3) oxidize a surface that is already oxide-based to form a curved surface. PO Resp. 78–81. Patent Owner provides credible evidence supporting its argument that a POSITA would not have been motivated to make these changes to Lee, as they are technically infeasible. Id. at 79 (citing Ex. 2019 ¶¶ 191–208). Dr. Giapis credibly explains that in Park’s process, an oxygen gas would be used to oxidize the silicon nitride or polysilicon, but “introducing such an oxidant into the openings of Lee’s structure above will not promote further oxidation to the existing oxide the relevant region . . . so nothing remains to be oxidized.” Ex. 2019 ¶¶ 192–193. We credit Dr. Giapis testimony that “[i]t is not possible to further oxidize a solid oxide material with oxygen gas as in Park. That is why Park’s thermal oxidation process is performed on silicon nitride or polysilicon, which are not oxides to begin with but they can be oxidized to form silicon dioxide.” Id. ¶ 193 (citing Ex. 2028 (Plummer) at 345–350). According to Dr. Giapis, a POSITA would have understood this and not expected the combination of Lee and Park to achieve any change in shape or any rounding in Lee’s Figure 5B. Ex. 2019 ¶ 193.” slip op. at 60
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundReasonable expectation not foundNot shown unpatentable
“Patent Owner, however, with persuasive supporting testimony from Dr. Giapis, argues Petitioner’s proposed modification of Lee requires a POSITA to (1) start with an oxide-based insulating layer 22 as shown in Figure 5B of Lee, (2) introduce an oxidant gas into the adjacent openings, and (3) oxidize a surface that is already oxide-based to form a curved surface. PO Resp. 78–81. Patent Owner provides credible evidence supporting its argument that a POSITA would not have been motivated to make these changes to Lee, as they are technically infeasible. Id. at 79 (citing Ex. 2019 ¶¶ 191–208). Dr. Giapis credibly explains that in Park’s process, an oxygen gas would be used to oxidize the silicon nitride or polysilicon, but “introducing such an oxidant into the openings of Lee’s structure above will not promote further oxidation to the existing oxide the relevant region . . . so nothing remains to be oxidized.” Ex. 2019 ¶¶ 192–193. We credit Dr. Giapis testimony that “[i]t is not possible to further oxidize a solid oxide material with oxygen gas as in Park. That is why Park’s thermal oxidation process is performed on silicon nitride or polysilicon, which are not oxides to begin with but they can be oxidized to form silicon dioxide.” Id. ¶ 193 (citing Ex. 2028 (Plummer) at 345–350). According to Dr. Giapis, a POSITA would have understood this and not expected the combination of Lee and Park to achieve any change in shape or any rounding in Lee’s Figure 5B. Ex. 2019 ¶ 193.” slip op. at 60
Patent outcomesUS 12,010,838 unpatentableClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 12,010,838 - Micron Technology, Inc. v. Yangtze Memory Technologies Co., Ltd.No claims unpatentablePTAB · Jul 21, 2026 · IPR2025-00190 · APJ Kimberly Mcgraw · IPR · Final written decision
Claims 1, 3–11, 13, and 14 were not shown unpatentable because Dong did not disclose the claimed vertical wordline arrangement, and the proposed 3D NAND combination lacked support for motivation and reasonable expectation of success.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner
“understanding that the claim term “from bottom to top” refers to the vertical arrangement of word lines in the memory portions from bottom to top and not from source end to drain end, as asserted by Petitioner. Inst. Dec. 17. In other words, the claim terms describing the first and second portions having word lines “from top to bottom” refer to the relative vertical location of the word lines within the memory portions and not to location of the word lines relative to the source or drain. Our construction is based on the plain and ordinary meaning of the express language of the independent claims, which states that the second memory portion is formed either above or below the first memory portion. The forming of one memory portion above or below another portion establishes a top and bottom in relation to those portions. For example, claim 5 is directed to a “program method of memory” that requires a second portion formed above the first portion. A second memory portion that is formed above a first memory portion is on top relative to the first portion. Similarly, claims 1 and 1 and 11, which recite a memory having a second portion formed below a first portion, establish that the second portion is on the bottom relative to the first portion. Thus, the claim language itself establishes the vertical locations of the memory portions relative to each other (e.g., a second memory portion that is above the first portion is on top, relative to the first portion). It follows that claim terms referring to the top and bottom of word lines within the memory portions also refer to relative vertical locations of the word lines within the memory portions. Thus, we understand the plain and ordinary meaning of claim” slip op. at 13
- Claim Construction › Intrinsic evidence (Phillips canons) › Preamble limiting or notPreamble limitingDecided for patent owner
“In our Decision, we treated the preambles of claims 5 and 11 as limiting, noting that these preambles provide antecedent basis for the word line limitations recited in the body of their respective claim. Dec. 14–15, 8. Neither party disputes that the preambles of claims 5 and 11 are limiting. See PO Resp. 34–35 (agreeing that the preambles are limiting); see generally Reply 1–6 (not disputing that the preambles are limiting). We maintain our construction of the preambles in this Decision.” slip op. at 11
- Skill levelSkill level petitioner adoptedDecided for petitioner
“we consider the level of ordinary skill at the time of filing. 35 U.S.C. § 103; see also Graham, 383 U.S. at 17 (discussing pre-AIA obviousness). Petitioner contends that a person of ordinary skill in the art (“POSITA”) would have had a had a bachelor’s degree in electrical engineering or a similar discipline, along with 2–3 years of professional experience working with (e.g., researching, designing, or teaching) NAND memory devices (including issues relating to the operation, e.g., programming, of said devices), or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience). Pet. 22 (citing Ex. 1004 ¶¶ 40–42). Petitioner also asserts that a POSITA would have been aware of and generally knowledgeable about NAND memory’s structure and fabrication, its component parts, how it operates, and how it is controlled. Id. at 22–23 (citing Ex. 1004 ¶ 41). In the Institution Decision, we adopted the assessment offered by Petitioner, which Patent Owner did not contest. Inst. Dec. 13. Following institution, Patent Owner stated it does not dispute Petitioner’s definition of a POSITA. PO Resp. 9 (citing Khatri Dec. ¶¶ 42–47). Because Petitioner’s definition of the level of skill in the art appears consistent with the ’941 patent and the asserted prior art, we maintain it for purposes of this Final Written Decision. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir 2001).” slip op. at 9
- Expert testimonyPatent owner expert creditedOther
“We disagree and find that Dong’s Figure 5a does not depict wordlines in a physical vertical orientation, but rather depicts voltage diagrams. We agree with Patent Owner’s argument, supported by persuasive testimony by Dr. Khatri, that a POSITA would have understood that Dong’s voltage charts (e.g., Fig. 5a) simply represent which voltages are applied to which word lines and do not depict the physical orientation of the wordlines. See, e.g., Ex. 2028 ¶ 171 (citing Ex. 1005 ¶ 20; Ex. 1009 ¶¶ 52–54). As Dr. Khatri explains, Dong Figures 5a–5h depict different examples of self-boosting modes showing voltages applied differently to the wordlines and are not intended to depict the physical orientation of these word lines. Ex. 2028 ¶ 171; see also Sur-reply 11–12 (citing Ex. 1005 ¶¶ 47, 65, 63–67; Ex. 2028 ¶¶ 177–186). We agree with Dr. Kahtri’s persuasive testimony that a POSITA would understand that Figures 5a–5h are illustrated vertically, but do not represent the actual physical arrangement of the word lines in memory, which are shown to be horizontal in Dong’s Figure 4. See, e.g., Ex. 2028 ¶ 172 (citing Ex. 1005 ¶¶ 20, 45, 47, 87).” slip op. at 24
Patent outcomesUS 11,568,941 not shown unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,568,941 - Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.No claims unpatentablePTAB · Jun 9, 2026 · IPR2025-00118 · APJ Jo-Anne M Kokoski · IPR · Final written decision
Claims 1–14 were not shown unpatentable because the Petition did not establish the claimed adjacent pad groups, common ESD bus, or pad-to-pad bonding wires.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedOther
“would have had a bachelor of science degree in electrical engineering or similar discipline, and 2–3 years of professional experience working with (e.g., researching, analyzing, designing, or teaching) ICs, or equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience and vice versa). This POSITA would have been aware of and generally knowledgeable about IC design, layout, manufacturing, packaging, and ESD protection. Pet. 18 (citing Ex. 1003 ¶¶ 29–33). Patent Owner states that it “does not dispute Petitioner’s proposed level of a” POSITA “for purposes of this IPR.” PO Resp. 10. In the Institution Decision, we adopted the assessment offered by Petitioner. Dec. 7. Because Petitioner’s definition of the level of skill in the art is consistent with the ’164 patent and the asserted prior art, we maintain it for purposes of this Final Written Decision. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent.” 37 C.F.R. § 42.100(b). Under this standard, claim terms are generally given their plain and ordinary meaning as would have been understood by a person of ordinary skill in the art at the time of the invention and in the context of the entire patent disclosure. Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc). Only those terms in controversy need to be construed, and only to the extent necessary to resolve the controversy. Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019). Based on our review of the complete trial record and the arguments raised by the parties, we determine that it is not necessary to expressly construe any claim terms to resolve the parties’ dispute. Realtime Data, 912 F.3d at 1375.” slip op. at 7
- Expert testimonyPatent owner expert creditedDecided for patent owner
“includes segmented ground rails 350, 355. . . . The package substrate 310 includes a package common ground rail 360, and the segmented SoC ground rails 350, 355 are independently connected to the package common ground rail 360 via separate connections 370, 375 respectively.”). As set forth above, Dr. Foty describes the three ground lines in Saint Figure 7-7 as “segmented rails” when discussing the combination of Saint and Haralabidis, thus equating the three ground lines in Saint Figure 7-7 with Haralabidis’ segmented ground rail. Ex. 1003 ¶ 368. Neither Petitioner nor Dr. Foty, however, adequately addresses how or why a POSITA would have understood that the three separate grounds lines in Saint Figure 7-7 were “segmented rails” like the segments of the single ground line described in Haralabidis. In contrast, Dr. Khatri credibly testifies: Haralabidis teaches the use of a “common ground rail” to connect “segmented ground rails.” Haralabidis, 3:9–22, 3:34– 40, 3:65–4:12. A POSITA would understand “segmented ground rails” to refer to a single ground signal that has been “segmented.” That is fundamentally different from the design of Saint’s Figure 7-7 that Dr. Foty relies on, which uses three different ground signals, GND1, GND2, and GND3—not a single ground signal that has been “segmented.” Because of that, a POSITA would not have been motivated to change the Figure 7-7 design completely to connect three separate signals (GND1, GND2, and GND3) together as Dr. Foty proposes. Ex. 1003 ¶ 368. Indeed, for these reasons, a POSITA would have understood Haralabidis’ teachings of a “common ground rail” are inapplicable to Saint’s Figure 7-7. Ex. 2010 ¶ 129. Petitioner’s arguments and Dr. Foty’s testimony with respect to the modification of Saint Figure 7-7 leave an analytical gap that does not apprise us of why a POSITA would have modified Saint Figure 7-7 to include a common ESD bus as described in Haralabidis.” slip op. at 37
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentableNot shown unpatentable
“For these reasons, we find that Yoshinaga’s statement that “[r]eference potential pads are not shown to simplify the drawing” indicates that reference potential pads are not depicted in Yoshinaga Figure 6, and determine that Yoshinaga Figure 6 does not disclose “a plurality of pad groups, adjacent and connected to the plurality of ESD buses” as recited in claim 6. Petitioner also argues that a POSITA would have understood that power supply pads 3, 4, and 58 in Yoshinaga “could just as readily be used as reference pads” and it would have been obvious “to use the pads immediately next to the saved areas as reference pads (e.g., pads 5 and 6) as pad assignments were left to the designer’s discretion.” Pet. 31 (citing Ex. 1003 ¶¶ 137–139). Petitioner asserts that “selecting which pads to use for ground, power signals, etc. is a design choice that depends on factors like chip size, the number of I/O signals, and the number of pads available.” Pet. 31 (citing Ex. 1003 ¶ 137–139). Petitioner states that such discretion would be to preserve Yoshinaga’s saved area for other circuitry as taught by Saint. Pet. 31–32 (citing Ex. 1003 ¶¶ 137–139; Pet. 19–23 (§ IX.A)). Neither Petitioner nor Dr. Foty adequately explain, however, why a POSITA would have made this specific design choice, namely, replacing power supply pads 3, 4, and 58 with reference pads. Pet. 31; Ex. 1003 ¶¶ 137–139; see also Polaris Indus., Inc. v. Arctic Cat, Inc., 882 F.3d 1056, 1069 n.4 (Fed. Cir. 2018) (“Merely stating that a particular placement of an element is a design choice does not make it obvious.” (quoting Cutsforth, Inc. v. MotivePower, Inc., 636 Fed. Appx. 575, 578 (Fed. Cir. 2016))). Petitioner offers the general proposition that pad assignments are left to the designer’s discretion, but this does not provide a reason why a POSITA would have been motivated to modify Yoshinaga Figure 6 as proposed. Pet. 31; Ex. 1003 ¶¶ 137–139. We have determined that Yoshinaga does not show (rather than does not label) reference pads. Because all of Yoshinaga’s illustrated pads are power supply pads, Petitioner’s proposed reassignment of pads would not be a simple matter of rearrangement of an existing mixture of power supply and reference pads, but require that reference pads be imported from elsewhere, and power supply pads be moved to some unspecified location. Petitioner’s arguments and Dr. Foty’s testimony with respect to the modification of Yoshinaga Figure 6 leave an analytical gap that does not apprise us of why a POSITA would have modified Yoshinaga Figure 6 to include reference pads in the place of power supply pads 3, 4, and 58. We agree with Patent Owner that none of Petitioner’s rationales” slip op. at 20
Patent outcomesUS 10,879,164 not shown unpatentableClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 10,879,164 - Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.No claims unpatentablePTAB · Jan 5, 2026 · IPR2024-00911 · APJ Kimberly Mcgraw · IPR · Final written decision
Claim 10 was not shown unpatentable under § 103 over Toyama because the challenge did not remedy the deficiencies in its nonobvious base claim 8.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedOther
“Petitioner’s proposed definition appears to be consistent with the cited prior art and the disclosure of the ’806 patent, and we adopt it for purposes definition of a POSITA.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“In our Decision on Institution, we noted that the parties disputed construction of “each local contact” found in dependent claim 10, and “dielectric structure” recited in independent claim 8. Inst. Dec. 8–9. We determine that no express construction of “each local contact” recited in claim 10, or any other claim term, is required to resolve the issues in dispute in this proceeding.” slip op. at 9
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“independent claim 8 would have been obvious for the reasons set forth in its petition in the 791-IPR. See id. at 1 (stating the present Petition maintains the same grounds set forth in IPR2024-00791). As explained in our Final Written Decision (Ex. 3001) in the 791-IPR issued concurrently, Petitioner did not show by a preponderance of the evidence that independent claim 8 would have been obvious over Toyama under any of Petitioner’s three alternative arguments. None of Petitioner’s arguments set forth in the present Petition, including the arguments directed to claim 10, remedy the deficiencies regarding its base claim 8. See Pet. 53–31, 98–101, 124–125; see also Reply. Accordingly, for the same reasons set forth in the Final Written Decision in the 791-IPR issued concurrently, Petitioner has not shown by a preponderance of the evidence that independent claim 8, and therefore dependent claim 10, would have been obvious over Toyama. See In re Fine, 837 F.2d 1071, 1076 (Fed. Cir. 1988) (“Dependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious.”); Ex. 3001.” slip op. at 14
- Expert testimonyNot reached
“Petitioner relies on the Declaration of Jack C. Lee, Ph. D. (Ex. 1003) and the Reply Declaration of Jack C. Lee, Ph.D. (Ex. 1043) in support of its 2 The Leahy-Smith America Invents Act (“AIA”), Pub. L. No. 112–29, 125 Stat. 284 (2011), revised 35 U.S.C. §§ 102 and 103 effective March 16, 2013. Because the ’806 patent has an effective filing date after March 16, 2013 (Ex. 1001, codes (22), (63)), we refer to the AIA version of Sections 102 and 103. 3 Toyama, US Pub. No. 2017/0179026 A1, published June 22, 2017 (Ex. 1005). 4 Petitioner characterizes its alternative arguments of unpatentability of claim 10 as based on three “grounds.” See Pet. 15. Because each of Petitioner’s arguments are based on the same reference, albeit different embodiments, we characterize Petitioner’s challenges as three alternative arguments based on a single ground because each argument relies on the same reference. Ph.D. (Ex. 2005). Transcripts of the depositions of Dr. Lee (Exs. 2006, 2010) and of Dr. Yang (Ex. 1044) have also been submitted into the record.” slip op. at 7
Patent outcomesUS 10,937,806 not shown unpatentableClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 10,937,806 - Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.No claims unpatentablePTAB · Jan 5, 2026 · IPR2024-00791 · APJ Kimberly Mcgraw · IPR · Final written decision
Claims 8, 9, 11, and 12 were not shown unpatentable under §103 over Toyama because the asserted structures did not meet the construed TAC limitation and the proposed modifications lacked adequate motivation.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“(“POSITA”) would have had “a bachelor of science degree in electrical engineering or a similar discipline” with “2–3 years of professional experience working with (e.g., researching, designing, or teaching) NAND flash memory devices, or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience).” Pet. 27 (citing Ex. 1003 ¶¶ 34–38). Petitioner further contends that a “POSITA would also have been aware of and generally knowledgeable about semiconductor manufacturing and 3D NAND’s structure, its component parts, how it operates, and how it is controlled.” Id. Patent Owner does not object to Petitioner’s proposed definition (PO Resp. 12), but Patent Owner’s declarant Dr. Yang provides a slightly different definition, stating a POSITA: would have had at least a bachelor’s degree in electrical engineering, materials science, or a similar discipline, along with at least 2 years of professional experience in semiconductor fabrication process integration for memory devices or an equivalent level of knowledge and experience. For example, an experience, or extensive experience may replace some of the educational requirements. Ex. 2004 ¶ 43. Petitioner’s proposed definition appears to be consistent with the cited prior art and the disclosure of the ’806 patent, and we adopt it for purposes of this Decision. We note that our Decision would be the same under either definition of a POSITA.” slip op. at 8
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for patent owner
“(TACs) extending vertically through the dielectric structure” recited in claim element [8.G] encompasses multiple TACs, each extending through a separate, different dielectric structure, while Patent Owner argues that the phrase requires that the plurality of TACs (i.e., at least two TACs) must extend through the same dielectric structure. See, e.g., Pet. 49–50; PO Resp. 18–21; Reply 2–4. In our Decision on Institution, we preliminarily construed this phrase to require that more than one (i.e., a plurality) TAC in the TAC region extends vertically through a single dielectric structure. See Inst. Dec. 17. Based upon a full record, we construe this term of claim element [8.G.iii] (i.e., “ . . . a through array contact (TAC) region formed between the first and second channel regions, wherein the TAC region comprises a plurality of through array contacts (TACs) extending vertically through the dielectric structure”) according to its plain language to require that a plurality (i.e., more than one) of TACs must extend vertically through a (i.e., at least one) dielectric structure. Under this construction, the plurality of TACs may extend through more than one dielectric structure, but the plurality of TACs must extend through at least one dielectric structure. The plain language of the claim is not satisfied if each TAC extends through a separate dielectric structure because, in this scenario, there is not a plurality of TACs that extend through a dielectric structure.” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentableNot shown unpatentable
“Resp. 31–33. Patent Owner persuasively explains, with supporting testimony by Dr. Yang, that these regions containing the interconnects and peripheral circuitry would prevent repeating the layout in the hd1 direction because the interconnects and peripheral circuitry would be located in the same region that Petitioner proposes adding the additional memory plane. Id. (citing Ex. 2004 ¶ 72). Patent Owner further persuasively explains that Toyama teaches repeating the layout in the hd2 direction, not the hd1 direction, because of the location of its interconnects and peripheral circuitry, which prevents repeating the structure in the hd1 direction. See id. at 34 (citing Ex. 1005, Figures 17E, 17F). Patent Owner persuasively explains that Toyama Figure 17F (which is an alternate view of the structure shown in Figure 17E) shows that the memory array has interconnects and driver circuits on at least the left side, which means that in a modification adding additional planes, each plane would necessarily include these interconnects and driver circuitry on the left side. Id. at 35 (citing Ex. 2004 ¶ 75). We agree with Patent Owner that Petitioner has not sufficiently shown that it would have been obvious for a POSITA to repeat the structure shown in Figure 17E in the hd1 direction due to the presence of its interconnects and peripheral circuitry.” slip op. at 34
Patent outcomesUS 10,937,806 not shown unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,937,806 - Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.No claims unpatentablePTAB · Nov 5, 2025 · IPR2024-00792 · APJ Jo-Anne M Kokoski · IPR · Final written decision
Claims 1–6 were not shown unpatentable because the asserted references did not establish the claimed bias voltages and pre-verify stage.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedOther
“In the Institution Decision, we adopted the assessment offered by Petitioner. Dec. 5–6. Because Petitioner’s definition of the level of skill in the art is consistent with the ’957 patent and the asserted prior art, we maintain it for purposes of this Final Written Decision. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 6
- Expert testimonyPatent owner expert creditedOther
“It is within our discretion to assign the appropriate weight to Dr. Przybylski’s testimony. See, e.g., Yorkey v. Diab, 601 F.3d 1279, 1284 (Fed. Cir. 2010) (holding that the Board has discretion to give more weight to one item of evidence over another “unless no reasonable trier of fact could have done so”); In re Am. Acad. of Sci. Tech Ctr., 367 F.3d 1359, 1368 (Fed. Cir. 2004) (“[T]he Board is entitled to weigh the declaration and conclude that the lack of factual corroboration warrants discounting the opinions expressed in the declarations.”). On this record, we decline to generally discount Dr. Przybylski’s based on Petitioner’s contentions. When assigning upon which the testimony is based. See PTAB Consolidated Trial Practice Guide 40–41 (Nov. 2019). In our analysis of the asserted grounds of unpatentability, we weigh Dr. Przybylski’s testimony accordingly.” slip op. at 6
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent.” 37 C.F.R. § 42.100(b). Under this standard, claim terms are generally given their plain and ordinary meaning as would have been understood by a person of ordinary skill in the art at the time of the invention and in the context of the entire patent disclosure. Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc). Only those terms in controversy need to be construed, and only to the extent necessary to resolve the controversy. Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019). Based on our review of the complete trial record and the arguments raised by the parties, we determine that it is not necessary to expressly construe any claim terms to resolve the parties’ dispute. Realtime Data, 912 F.3d at 1375.” slip op. at 7
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“claim 1 would have been obvious over the combined teachings of Hongtao and Yu by a preponderance of the evidence. 35 U.S.C. § 316(e) (2018); see also Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1363 (Fed. Cir. 2016) (citing 35 U.S.C. § 312(a)(3) (requiring inter partes review petitions to identify “with particularity . . . the evidence that supports the grounds for the challenge to each claim”)). After considering the parties’ arguments and evidence of record, and weighing the testimony of Dr. Liu and Dr. Przybylski, we are not persuaded that Petitioner meets its burden of establishing, by a preponderance of the evidence, that Hongtao teaches or suggests applying a second bias voltage that is smaller than the first bias voltage in the verify stage as recited in limitation [1.d]. Hongtao is silent with respect to the magnitudes of the pre-conduction and conduction voltages. Hongtao teaches that “a pre-conduction voltage is applied to both the unselected word line and the selected word line to turn on the channels of the selected string and the unselected string.” Ex. 1005 ¶ 23. Hongtao then teaches that, in the reading phase, “[t]he gates of the unselected memory cells on the selected string are applied with a conduction voltage through the unselected word lines.” Id. ¶ 25. Hongtao, however, describes the magnitudes of the pre-conduction and conduction relative to each other. See id. ¶¶ 21–26. Petitioner and Dr. Liu point to Hongtao’s statement that “the greater the conduction voltage, the greater the read disturbance” to support its contention that the conduction voltage is smaller than the pre-conduction voltage, but that statement refers to the relationship between conduction voltage and the read interference it causes and does not compare the conduction voltage to the pre-conduction voltage. See Pet. 40 (citing Ex. 1005 ¶ 26); Ex. 1003 ¶ 120 (citing Ex. 1005 ¶ 26). We also find credible Dr. Przybylski’s testimony that Hongtao lacks the details needed to determine how the gate voltages develop over time, in particular the length of the pre-conduction period. See Ex. 2003 ¶ 96. Dr. Przybylski’s testimony is consistent with the ’957 patent’s teaching that when the pre-pulse time is long enough that the bias voltages are fully developed before the TSG transistor is switched off at the unselected memory cell string, hot carrier injection “may not be generated from the selected memory cell to the upper adjacent memory cell of the selected memory cell in the selected memory cell.” Ex. 1001, 11:60–12:1. In contrast, when the pre-pulse time is insufficient for the bias voltages to fully develop, hot carrier injection may be generated. Id. at 12:1–9. And we are not persuaded that Petitioner and Dr. Liu sufficiently rebut Dr. Przybylski’s persuasive testimony that casts doubt on Petitioner’s contention that Hongtao teaches a second bias voltage that is smaller than a first bias voltage as recited in limitation [1.d]. For example, Dr. Liu’s testimony that Hongtao teaches applying voltages on gate terminals does not adequately address Patent Owner’s argument and Dr. Przybylski’s testimony that Hongtao depicts target values for the word line voltages instead of the See Ex. 1027 ¶¶ 16–40. Neither Petitioner nor Dr. Liu adequately establish that Hongtao’s applied voltages are sufficiently developed such that the preconduction voltage actually is bigger than the conduction voltage. Petitioner’s argument that Hongtao teaches or discloses a second bias voltage that is smaller than the first bias voltage hinges on a POSITA’s interpretation of Hongtao’s Figure 2. In light of Hongtao’s dearth of details regarding the absolute or relative magnitudes of the pre-conduction and conduction voltages, and Dr. Przybylski’s unrebutted testimony that Hongtao does not provide sufficient information to ascertain the actual bias voltages that will be applied on the gate terminals of the memory cells over time, we are not persuaded that Petitioner carries its burden of establishing that Hongtao discloses limitation [1.d]. For these reasons, we determine that Petitioner does not establish by a preponderance of the evidence, that independent claim 1, and claims 2–6 that depend, directly or indirectly, therefrom, would have been obvious over the combined teachings of Hongtao and Yu.” slip op. at 15
Patent outcomesUS 11,468,957 not shown unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites PhillipsPatents in suitUS 11,468,957 - Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.Some claims unpatentablePTAB · Oct 22, 2025 · IPR2024-00794 · APJ Michael T Cygan · IPR · Final written decision
Claims 1 and 6 are unpatentable over Park; claims 2–5 and 7–11 were not shown unpatentable on the asserted grounds.
RulingsFinal written decision- 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”) at the critical time “would have had a bachelor’s degree in electrical engineering or a similar discipline, along with 2-3 years of professional experience working with (e.g., researching, designing, or teaching) NAND flash memory devices, or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience).” Pet. 19 (citing Ex. 1003 ¶¶ 36–37). Petitioner further asserts that a POSITA “would have been aware of and generally knowledgeable about 3D NAND’s structure, its component parts, how it operates, and how it is controlled.” Id. Patent Owner does not object to this assessment, arguing that its claims are valid regardless of the precise definition. PO 3 Neither party presents evidence or arguments regarding objective evidence of non-obviousness. skill, as it appears to be consistent with the specification of the ’623 patent and the prior art of record.” slip op. at 5
- Expert testimonyPetitioner expert discountedMixed
“the Petition, Petitioner’s approach to Shibata’s drive circuit and Park’s dummy channel/open region teachings results in a deficiency in its showing of reasonable expectation of success for its expressed combination of extending Park’s insulative trenches to replace some of its common source lines. Petitioner relies solely on the fact that the references are capable of performing the relied-upon functions or could possess the relied-upon structure. See, e.g., Pet. Reply 19–20 (stating, “If Shibata accommodates this type of trench . . . there is no reason Park cannot as well,” and “Park itself already presents a variety of ways to minimize any etching problem that may be encountered when using wet etching”). But Park does not describe its dummy channel or open region teachings as generally applicable to all of its embodiments. And Petitioner needs to show a reason why the application of Shibata would be reasonably expected to have been successfully applied in Park, not merely state that there is “no reason” to expect that it would not be successful. See DSS Tech. Mgmt., Inc. v. Apple Inc., 885 F.3d 1367, 1377 (Fed. Cir. 2018) (finding that even where two structures have “the same physical structure,” applying the teachings of one structure to the other requires “additional, reasoned analysis.”). The knowledge of one skilled in the art cannot bridge this gap, because these are inventive features of Park and Shibata. Furthermore, Petitioner also has not sufficiently explained, for any of its proposed augmentations, how metal gate deposition would occur sufficiently in the most remote regions of the long, parallel insulating layers in Petitioner’s Park-Shibata combination of such regions to avoid the risk of incomplete gate electrode layers in the final memory device that Patent Owner argues would result in a significant trade-off in memory device accuracy, and device scalability. PO Resp. 68 (citing Ex. 2010 ¶ 145). For example, Dr. Lee addresses only etching issues, not deposition issues. Ex. 1025, ¶¶ 32–47.” slip op. at 46
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“We agree with Petitioner. As pointed out by Patent Owner, the “trenches formed in the BSG” language of claim 1 reflects specific description of the gate-first method of manufacturing, but not the gate-last method of manufacturing. Ex. 1001, 7:17–19 (“referring to Fig. 1A, one or more first dielectric trenches . . . are formed in the one or more BSGs”). However, as Petitioner points out, the claims are to a memory “device,” not to a method of manufacturing or a device produced by specific manufacturing steps. Pet. Reply 1. During prosecution of the application that matured into the ’623 patent, the Examiner determined that the device of claim 1 was distinct from a separately claimed method of manufacturing and The Examiner’s requirement stated that the memory device of claim 1 is not limited by the disclosed process of manufacture because “the process claims require . . . deposition steps of polysilicon whereas the product claims do not require any polysilicon.” Id. Applicant agreed “without traverse” with the Examiner’s determination and selected to pursue only the “device” claims. Id. at 596 (“Applicant elects, without traverse, Invention I, Claims 1–11, drawn to a device”).4 The distinctiveness is also supported by the discussion in the ’623 patent of “formed in the BSG” that describes its device separately from its method of formation. The ’623 patent describes that “[i]n the disclosed memory device, one or more first dielectric trenches are formed in the BSG and extend in a length direction of the substrate to separate the BSG into a plurality of sub-BSGs.” Ex. 1001, 2:25–28. This description precedes, and is separate from, its description of an aspect of a process for manufacturing a memory device in which the BSG layer is formed and then “dielectric trenches are formed” that may “pass through the BSG layer” so that the “BSG layer is separated by the one or more first dielectric trenches into a plurality of sub-BSG layers.” Id. at 3:30–45. The description of the device having trenches formed in the BSG, which is not limited to a particular manufacturing process, further supports Petitioner’s contention that the “formed in the BSG” language is not limited to a particular manufacturing embodiment.” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Specification disavowal / 'present invention' languageTerm construed board ownDecided for patent owner
“We do not agree that such arguments support Patent Owner’s conclusion. Patent Owner acknowledges that two portions of a BSG that are connected at a small opening are not separated because both portions remain electrically connected to each other. Id. at 17 (stating, “common source regions 52a is merely in the middle of a single sub-BSG 2 (‘SUB-BLK2’) and does not divide it into further sub-BSGs because there is an H-cut 72 that connects the two sides of the common source region such that both regions are part of the same sub-BSG”) (citing Ex. 1001, 9:15–19, 9:41–44) (emphasis omitted); Ex. 1026, 34:4–15, 41:23–42:16 (Dr. Kuhn attesting that common source regions may isolate adjacent BSGs). Patent Owner considers other portions of the BSG to be separated into sub-BSGs because there is no such connection between the sub-BSG portions. Id. at 17–18 (annotating Ex. 1001, Fig. 1B). Under such reasoning, the addition of a trench closing a gap between two neighboring BSG portions, thereby breaking the electrical connection therebetween, would “separate” the two BSG portions into further sub-BSGs. In its obviousness assertions, Petitioner argues for such an interpretation of the claim. See Pet. Reply 10 (“Park’s layers 111 electrically separate its BSG”). Based on the above, we determine that the phrase “dielectric trenches formed in the BSG and extending in a length direction of the substrate to perform electrical separation between sub-BSGs, but does not require that the trenches act alone, extending from one end of the device to the other across the entire BSG. Similarly, the trenches need not have any particular length, and need only to have some length that performs that separation.” slip op. at 13
Patent outcomesUS 10,950,623 mixedClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,950,623 - Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.All claims unpatentablePTAB · Oct 7, 2025 · IPR2024-00795 · APJ Michael T Cygan · IPR · Final written decision
Claims 1–9 and 11–19 are unpatentable as obvious over Lee or Zhao and Lee; the Board did not find claims unpatentable over Zhao or Yang alone.
RulingsFinal written decision- 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”) at the critical time would have had a bachelor’s degree in electrical engineering or a similar discipline, along with 2-3 years of professional experience working with (e.g., researching, designing, or teaching) NAND memory devices (including issues relating to the operation, e.g., programming, of said devices), or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience). Pet. 18 (citing Ex. 1003 ¶¶ 35–38). Petitioner further asserts that a POSITA “would have been aware of and generally knowledgeable about NAND memory’s structure, its component parts, how it operates, and how it is controlled. Id. (citing Ex. 1003 ¶ 38). Patent Owner does not object to this assertion. PO Resp. 12. We adopt Petitioner’s proposed level of ordinary skill, as it appears to be consistent with the specification of the ’822 patent and the prior art of record.” slip op. at 6
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“1. Word line pre-pulse signal Patent Owner argues that such a signal “must increase in value and then decrease in value (or vice versa).” PO Resp. 13; PO Sur-Reply 1. Petitioner agrees with this construction. Pet. Reply. 3. Patent Owner further argues that the pre-pulse signal “prepares the word line before the programming step.” PO Resp. 13. We agree that Petitioner applies its teachings with the same understanding of “pre-pulse signal” as Patent Owner. See, e.g., Pet. 38–39 (asserting that Lee teaches, or that that Lee would make obvious, pre-bias signals applied as pulses). Because both parties agree that a pre-pulse signal “must increase in value and then decrease in value (or vice versa),” and apply this construction in their assertions and arguments, no dispute as to the meaning of this phrase exists in a manner that would affect the outcome of this decision. Therefore, we do not need to determine a particular construction. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (“[W]e need only construe terms ‘that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci & Eng'g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).” slip op. at 7
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“with the plain language of the claims, each claim states “disposed.” Patent Owner provides dictionary definitions for “disposed,” which is described as a verb. See, e.g., Ex. 2016, 3. When described as a verb in these definitions, “disposed” is the action of the actor; i.e., “the chief disposed his attendants in a circle” (Ex. 2019, 3); “She disposed of her estate among her heirs” (Ex. 2018, 3); “disposed of the matter efficiently” (Ex. 2017, 3); “troops disposed for withdrawal” (Ex. 2016, 3). Petitioner offers no contrary definition from either the Specification or any extrinsic source for that term. We agree with Patent Owner’s construction of “disposed” as “put in place” or “arranged in a particular position.” Nevertheless, the construction of “disposed” does not resolve the controversy over the language of claims 2, 3, 12, and 13. The claims recite “are disposed.” For example, claim 2 recites, “wherein the [first through third groups] of the plurality of word lines are disposed in an order of distance from the selected word line.” Under Patent Owner’s construction, this reads as, “wherein the [first through third groups] of the plurality of word lines are arranged in a particular position in an order of distance from the selected word line.” But claim 2 does not recite that the word lines are arranged “based on” the selected word line, or that the arrangement occurs only after a word line is selected, as argued by Patent Owner. We agree with Petitioner that the express language of claim 2 does not recite any limitation as to how or when the groups of word lines are disposed. Both parties point to the same language in the ’822 patent Specification in support of their position: “the word lines disposed between the selected word line and the top select gate TSG can be divided into multiple groups of the word lines.” PO Sur-Reply 2 (citing Pet. Reply 11 requires the recited arrangement to exist, at some point. But we determine that none of claims 2, 3, 12, or 13 require a step of arrangement, or an action to change the arrangement of grouped word lines.” slip op. at 9
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundUnpatentableUnpatentable
“not based on the location of the source or bit lines. Instead, Petitioner relies upon the distance from the selected word line and the drain-side of the string. See Pet. 66 (“the channel length between the drain-side of the string and word line selected for programming would be quite long, resulting in a relatively high channel resistance” (citing Ex. 1003 ¶ 360)). Petitioner asserts that Lee’s application of higher pre-charge voltages to the drain-side word lines “offset the channel resistance effect.” Id. (citing Ex. 1003 ¶ 361). Lee and Zhao both admittedly have “typical memory strings, which are a ‘vertical column’ of memory cells arranged in series between a source side select transistor and a drain side transistor.” PO Resp. 53 (emphasis omitted). Petitioner asserts that applying pre-charging to mitigate program disturb (sought by both Lee and Zhao) relies on the creation of a potential difference to facilitate electron redistribution. Pet. Reply 17–18 (citing Ex. 1004, 1:52–56; Ex. 1005, 17:4–12; Ex. 1021 ¶¶ 72–78). Petitioner asserts that the application of voltage can be performed from either end of the channel so long as it targets the portion of the channel desired to be pre- charged. Id. at 18 (citing Ex. 1021 ¶¶ 77–78; Ex. 1010, 17:16–23). Although Patent Owner points to Yang as showing different “biasing schemes” based upon whether the bit line, source line, or both are used for pre-charging, each of the cited Figures 8–10 of Yang indicates that Vbypass (Yang’s uncontested pre-pulse signal) is applied to at least some word lines between the selected word line and the drain-side SGD0. Ex. 1010, Figs. 8C, 9C, 10C; see PO Resp. 25–28 (“a ‘bypass voltage’ (‘Vbypass’) is applied to ‘not yet programmed’ memory cells during the ‘pre-charge phase’” (citing Fig. 8C) (emphasis omitted)). We do not discern in Patent Owner’s arguments, or in the evidence provided during trial, sufficient reasons why applying voltage from either source or bit line disturbs Petitioner’s asserted advantage of offsetting the resistance of the channel between a selected word line and the drain side of the string. Patent Owner further argues that Lee discusses a “wholly disparate approach” for mitigating program disturb than Zhao and that a POSITA would not have been motivated to apply Lee’s teaching to Zhao. PO Resp. 56–58. Patent Owner contends that because Zhao does not conduct current when applying its bypass voltage to equalize charges, but Lee does conduct current when doing so, Lee need only compensate for insufficient charge boosting due to the increased resistance component between source and drain and does not need to compensate for “resistance” effects creating voltage differences along the length of the memory string channel. Id. at 56. Dr. Przybylski’s supporting testimony is based upon such differences in the resistance components. See, e.g., Ex. 2011 ¶ 128. However, we have credited Dr. Liu’s testimony that a chain of transistors in both systems creates a resistance effect regardless of current flow in the steady state. Supra § II.F.1.b.2. We further agree with Petitioner that applying pre- on the creation of a potential difference to facilitate electron redistribution. Pet. Reply 17–18 (citing Ex. 1004, 1:52–56; Ex. 1005, 17:4–12; Ex. 1021 ¶¶ 72–78). We further credit Dr. Liu’s testimony that Zhao’s use of the same pre-charge voltages to not-yet-programmed word lines presents an issue of inadequate pre-charging that Lee addresses. Ex. 1021 ¶¶ 55–56; Pet. Reply 22–23. Consequently, we are persuaded by Petitioner that the chain resistance effects in Zhao and Lee permit the application of Lee’s method of pre-charging to mitigate program disturb to be applicable and desirable in Zhao’s method of applying pre-charging to mitigate program disturb. Consequently, we determine that Petitioner has shown persuasive motivation for its combination.” slip op. at 45
Patent outcomesUS 11,501,822 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,501,822 - Champion Laboratories, Inc. / First Brands Group, LLC v. Hengst SENo claims unpatentablePTAB · Sep 8, 2025 · IPR2024-00603 · APJ Sheldon M Mcgee · IPR · Final written decision
Claims 1, 3, 5, 8–11, 15–17, 19, 23–25, and 28–30 were not shown unpatentable over Yokoyama, Yokoyama and Cline, or Honermann and Cline.
RulingsFinal written decision- Skill levelSkill level board ownDecided for petitioner
“On this record, we determine that the level of ordinary skill is reflected in the prior art of record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (specific findings on the ordinary skill level are not required “where the prior art itself reflects an appropriate level and a need for testimony is not shown” (quoting Litton Indus. Prods., Inc. v. Solid State Sys. Corp., 755 F.2d 158, 163–64 (Fed. Cir. 1985))). Because the level of ordinary skill in the art is not in dispute, and because the parties’ definition is consistent with the disclosures in the ʼ203 patent, the prior art, and the declaration testimony of Mr. Nranian and Dr. Basirat, we view the prior art and arguments through this lens when determining whether the claims are unpatentable as obvious over the prior art.5 See Graham, 383 U.S. at 17 (identifying “the level of ordinary skill in the pertinent art” as an underlying factual inquiry to be resolved in deciding obviousness, which is a question of law).” slip op. at 12
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for patent owner
“Although the parties spend significant portions of their briefing discussing the term “eccentric” and how it applies to certain figures from the ʼ203 patent and the relied-upon prior art, we determine that it is not necessary to expressly construe the term “eccentric” beyond the parties’ agreed-upon definition. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (holding that only claim terms in controversy need to 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))). Rather, we adopt Patent Owner’s proffered definition because it is consistent with the intrinsic record and because it is not in dispute. Specifically, Patent Owner asserts that the plain meaning of the term “eccentric” is defined as “located elsewhere than at the geometric center; also: having the axis or support so located.” PO Resp. 18–19 (citing the Merriam-Webster online dictionary definition of the term “eccentric” for support). Petitioner agrees with this definition. Pet. 35 (asserting that certain prior art elements are eccentric “because they are not located at the center of the filter insert or housing”); Pet. Reply 9 (arguing that certain elements are eccentric because they “do not have an axis located at the geometric center”); id. at 10 (arguing the eccentricity of an element that does “not have an axis in the center” which has “an off-center axis”); see also Ex. 2017 ¶ 33 (Dr. Basirat testifying that “[a] POSITA would understand that ‘eccentric’ in the context of [the] ʼ203 patent, means that central axis is located elsewhere than at the geometric center [and] not placed centrally or not having its axis or other part placed centrally”). The parties’ definition of “eccentric” is also consistent with the usage of the term in the ʼ203 patent. Ex. 1001, 10:23–31; Fig. 17.” slip op. at 14
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“Rather, we adopt Patent Owner’s proffered definition because it is consistent with the intrinsic record and because it is not in dispute. Specifically, Patent Owner asserts that the plain meaning of the term “eccentric” is defined as “located elsewhere than at the geometric center; also: having the axis or support so located.” PO Resp. 18–19 (citing the Merriam-Webster online dictionary definition of the term “eccentric” for support). Petitioner agrees with this definition. Pet. 35 (asserting that certain prior art elements are eccentric “because they are not located at the center of the filter insert or housing”); Pet. Reply 9 (arguing that certain elements are eccentric because they “do not have an axis located at the geometric center”); id. at 10 (arguing the eccentricity of an element that does “not have an axis in the center” which has “an off-center axis”); see also Ex. 2017 ¶ 33 (Dr. Basirat testifying that “[a] POSITA would understand that ‘eccentric’ in the context of [the] ʼ203 patent, means that central axis is located elsewhere than at the geometric center [and] not placed centrally or not having its axis or other part placed centrally”). The parties’ definition of “eccentric” is also consistent with the usage of the term in the ʼ203 patent. Ex. 1001, 10:23–31; Fig. 17.” slip op. at 14
- Expert testimonyPetitioner expert discountedDecided for patent owner
“(opining that “Patent Owner’s construction of ‘having an axis no located in a geometric center’ is too narrow”). Mr. Nranian’s Declaration testimony in this respect is not persuasive for several reasons. First, it is internally inconsistent. Compare Ex. 1016 ¶ 3 (criticizing the “axis” language in Patent Owner’s definition), with id. ¶¶ 9, 11 (relying on that very language to support an argument). Also, Mr. Nranian’s proposed definition of “eccentric” to merely mean “not located at the center” begs the question of what, precisely, is “the center”? Mr. Nranian does not persuasively explain how far a person of ordinary skill in the art would understand she could travel from the exact center point of an object and still be in “the center” of that object. See Tr. 10:13–19 (Judge McGee asking whether the center is “a miniscule point in the middle of [the] disc”); see also id. at 10:25–12:26 (Judge Weatherly highlighting the significant ambiguity in referring to something as in “the center”). Also, Mr. Nranian’s opinion is inconsistent with how the ʼ203 patent compares something that is “central,” i.e., “at the center,” and something that is “eccentrically” located. Ex. 1001, 7:13–14 (describing pipe nozzle 15 as “central”); id. at 8:53–56 (describing a “through hole” as “located in the center of the front panel 22” depicted in Figures 7 and 8); id. at 10:23–31 (describing return 12 as “in the center” and outlet 13 as “eccentrically thereto” in Figure 17). Patent Owner’s colorized and annotated Figure 7 is reproduced below: Patent Owner’s colorized and annotated version of Figure 7 of the ʼ203 patent illustrates “central pipe nozzle 15” in yellow passing through the “through hole” located in “the center” of front panel 22. PO Resp. 20. Significantly, pipe nozzle 15 and the through hole in panel 22 are both described as “central” and in “the center” but must have different diameters; otherwise, “central pipe nozzle 15” would not be capable of traveling through “through hole 22.” Ex. 1001, Fig. 7. Thus, the ʼ203 patent intrinsically bases whether an element is “central” or “in the center” on whether its axis is located at the geometric center. This is also illustrated in Figure 17 of the ʼ203 patent, reproduced below: Figure 17 of the ʼ203 patent illustrates filter housing 10 with return 12 “in the center . . . and, eccentrically thereto, the outlet 13 with the seat 14 for the blocking element 24.” Ex. 1001, 10:23–30. Finally, Mr. Nranian’s narrow interpretation of “eccentric”––which excludes the “having the axis or support so located” in the geometric center language––is at odds with the arguments it was proffered to support. Cf. Pet. Reply 9 (arguing that certain elements are eccentric because they “do not have an axis located at the geometric center”); id. at 10 (arguing the eccentricity of an element that does “not have an axis in the center” which has “an off-center axis”).” slip op. at 29
Patent outcomesUS 9,023,203 not shown unpatentableClaim construction§ 103 obviousnesscites GrahamPatents in suitUS 9,023,203 - Micron Technology, Inc. v. Yangtze Memory Technologies Co., Ltd.Institution deniedPTAB · Aug 8, 2025 · IPR2025-00245 · APJ Michael T Cygan · IPR · Institution
Institution was denied because Petitioner did not show a reasonable likelihood that claims 11, 13, and 15–17 would have been obvious over Costa or Costa and Oh.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied meritsInstitution denied
“§ 42.4(a), we may only institute an inter partes review when “the information presented in the petition . . . and any response . . . shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a); see also 37 C.F.R. § 42.108(c). Based upon our review of the present record, Petitioner has not sufficiently shown a reasonable likelihood it will prevail with respect to at least one of the challenged claims. Accordingly, we do not institute inter partes review.” slip op. at 2
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Petitioner states that none of the claims require express construction and the claims should receive their plain and ordinary meaning. Pet. 23. Patent Owner argues that no claim construction is necessary for the institution determination, and that the Petition “still fails if the claim term ‘on’ receives its plain and ordinary meaning -- e.g., physically in contact with or directly on top of with intervening objects therebetween.” Prelim. Resp. 20 (citing Ex. 2006 ¶ 66). Although Patent Owner argues that Petitioner has construed “on” as including indirectly on; i.e., where there is no physical contact, the Petition addressed now-disclaimed claim 18, and the Petition does not advance any construction for the remaining claims. See id. at 16–17 (citing Pet. 92; Ex. 1003 ¶ 258). Consequently, we determine that no construction is required to resolve the issues for institution.” slip op. at 7
- Skill levelSkill level petitioner adoptedOther
“we consider the level of ordinary skill at the time of filing. 35 U.S.C. § 103; see also Graham v. John Deere Co., 383 U.S. 1, 17 (1966) (discussing pre- AIA obviousness). Petitioner contends that a person of ordinary skill in the art (“POSITA”) would have had “a bachelor’s degree in electrical engineering or a similar discipline, along with 2–3 years of professional experience working with (e.g., researching, designing, or teaching) monolithic 3D structures and NAND memory devices, or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace 1 The Leahy-Smith America Invents Act, Pub. L. No. 112-29, 125 Stat. 284 (2011) (“AIA”), amended 35 U.S.C. § 103. The earliest claimed priority date for the ’241 patent is after the effective date of the applicable AIA amendment. See Ex. 1001, (63). Thus, we refer to the AIA version of 35 U.S.C. § 103. 2 Costa, US 2018/001282771 (filed Feb. 28, 2017, published June 28, 2018) (Ex. 1005, “Costa”). 3 Oh, US 2017/0154892 A1 (filed June 10, 2016, published June 1, 2017) (Ex. 1006, “Oh”). some of the professional experience). Pet. 23–24. Petitioner also asserts that a POSITA “would have been aware of and generally knowledgeable about 3D NAND’s structure, how it is manufactured, and its component parts.” Id. (citing Ex. 1003 ¶¶ 36–40). Patent Owner does not take a position on the level of ordinary skill in the art. Prelim. Resp. 11; see also Ex. 2006 ¶ 34 (applying Petitioner’s definition of a POSITA to the opinions set forth in the declaration but reserving the right to opine to an alternative level of a POSITA). At this stage of the proceeding, we adopt Petitioner’s definition of a POSITA as it appears consistent with the level of ordinary skill in the art that is reflected by the prior art of record.” slip op. at 6
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable
“We agree with Patent Owner that the Petition fails to sufficiently show that Costa teaches a “second stacked layer disposed on the third channel structure” as required by apparatus claim element [11.E]. The Petition asserts that Costa’s second alternating stack 232, 242 is formed “on the top surface of joint-level material layers.” Pet. 64. However, Costa refers to the term “joint-level material layers” as representing layers 175–177, not the asserted third channel structure 173. Ex. 1005 ¶¶ 166, 178, 184–85; see Ex. 2006 ¶ 77. Thus, under Petitioner’s characterization, which is consistent with Costa, Costa’s second alternating stack is not formed on the third channel structure, but instead, “on the top surface of the joint level material layers” that surround the third channel structure. Because Petitioner has not explained how a second alternating stack on the surface of the joint material layers teaches a second alternating stack disposed on the third channel structure, Petitioner has not met its obviousness burden for limitation [11.E].” slip op. at 11
Claim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,482,532
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.