- Medivis, Inc. v. Novarad Corp.Some claims unpatentablePTAB · Oct 1, 2026 · IPR2023-00042 · APJ Scott Raevsky · IPR · Remand
Claims 1–6, 11, and 20 are unpatentable as obvious over Doo and Amira; claims 12–19 were not shown unpatentable because the asserted tissue properties were not shown in Amira.
RulingsRemand decision- RemandOther
“Federal Circuit. The court issued its decision in Medivis, Inc. v. Novarad Corp., No. 2024-1794, 2026 WL 587294 (Fed. Cir. Mar. 3, 2026) (“Medivis”) (Paper 40),1 affirming-in-part, reversing-in-part, and remanding our Final Written Decision (Paper 35) for further proceedings. In its opinion, the Federal Circuit reversed our “determination of no motivation to combine Doo and Amira” and remanded for further proceedings to evaluate whether claims 1–6 and 11–20 (“the Remanded Claims”) of U.S. Patent No. 11,004,271 B2 (“the ’271 patent,” Ex. 1001) are unpatentable in view of Petitioner’s obviousness challenge over Doo and Amira. Medivis, slip op. at 9–10. We have jurisdiction under 35 U.S.C. § 6(b). We issue this Final Written Decision on Remand pursuant to 35 U.S.C. §§ 144, 318 and 37 C.F.R. § 42.73 in an inter partes review involving Medivis, Inc. (“Petitioner”) and Novarad Corp. (“Patent Owner”). For the reasons discussed below, after considering the entirety of the record in light of the Federal Circuit’s directives in Medivis, we hold that Petitioner has demonstrated, by a preponderance of the evidence, that claims 1–6, 11, and 20 are unpatentable; however, Petitioner has not demonstrated, by a preponderance of the evidence, that claims 12–19 are unpatentable.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“We adopt Petitioner’s proposed level of skill, except that we excise part of Petitioner’s definition to produce the following modified version: 4 Throughout this decision, we eliminate the parties’ italicization of reference names from quotations without noting “emphasis omitted.” 5 Doo, WO 2015/164402 A1, published October 29, 2015 (Ex. 1008). 6 Excerpt of Amira 5 User’s Guide, title through Chapter 2 (Visual Imaging 2009) (Ex. 1005). engineering, or a related field with several years of experience in the design, development, and study of augmented reality devices and . . . familiarity with conventional medical imaging data and visualization of data for medical procedures . . . . Our edit removes the alternative of “working with a team including someone with such familiarity” because one’s role in a team may be tangential to their personal experience with medical imaging. Regardless, had we adopted Petitioner’s original definition, our decision would not have changed.” slip op. at 6
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“We agree with Petitioner that the term “3D slices” has no apparent connection to the phrase “direct volume rendering.” Patent Owner’s argument appears to be that DVR “requires an image of the entire anatomical volume that is neither feature-specific nor segmented, [which] would seemingly require that all inner layers be displayed.” Reply 4; see Sur-reply 6–10 (not disputing Petitioner’s characterization). But, as Petitioner notes, the specification directly undermines this by teaching “display [of] a slice of the 3D data instead of a volume of the 3D data.” See Reply 4 n.2 (quoting Ex. 1001, 5:34–35). In other words, to the extent DVR would depict an image of the entire anatomical volume, displaying 3D slices “instead of a volume of the 3D data” implies the opposite of DVR. Even if “3D slices” somehow implied DVR, Patent Owner’s position is still untenable. Claim 1 does not recite “3D slices.” Instead, claim 1 recites “3D data” and “inner layers.” Ex. 1001, 18:54–65. Patent Owner fails to clarify the relationship between “slices,” “3D data,” and “layers,” and its expert even admits that slices and layers are two different things. See PO Resp. 13; Ex. 1022, 32:7–16 (agreeing that the words “slice” and “layer” are not “synonyms”), cited in Reply 4. We also agree with Petitioner that dependent claim 3 distinguishes slices and layers by reciting “slices of the projected inner layer.” Reply 4 (quoting Ex. 1001, 19:3–10). Thus, even if 3D slices somehow implied DVR, the language of claim 1 does not support limiting the claim this way.” slip op. at 12
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner
“The determination of whether a document was publicly accessible “involves a case-by-case inquiry into the facts and circumstances surrounding the reference’s disclosure to members of the public.” Medtronic, Inc. v. Barry, 891 F.3d 1368, 1380 (Fed. Cir. 2018). For instance, courts routinely rely on the Wayback Machine to determine when a reference was first made available to the public. Valve Corp. v. Ironburg Inventions Ltd., 8 F.4th 1364, 1374 (Fed. Cir. 2021) (“District courts have taken judicial notice of the contents of webpages available through the Wayback Machine ‘as facts that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.’”). We disagree with Patent Owner’s argument that “Medivis cannot rely on additional prior art”—Exhibits 1023 and 1024—“that was submitted after its Petition to carry its burden without leave from the Board.” Sur-reply 4. As Patent Owner did not file a motion to exclude these exhibits, we decline Patent Owner’s invitation to disregard them. We also find Petitioner’s Reply argument proper because it directly responds to Patent Owner’s contention that Petitioner did not prove the public accessibility of Amira. See Chamberlain Grp., Inc. v. One World Techs., Inc., 944 F.3d, 919, 925 on issues previously raised.”). Petitioner’s Reply argument appropriately elaborates on the Petition’s contention that Amira was publicly accessible. Patent Owner also does not dispute the substance of Petitioner’s evidence. For example, Patent Owner does not address the substance of Mr. Frank-White’s declaration. We find that this evidence, including Mr. Frank- White’s declaration testimony, persuasively supports the public availability of Amira as of the date shown in the Wayback Machine URL. See Ex. 1024.” slip op. at 22
Patent outcomesUS 11,004,271 mixedClaim construction§ 102 anticipation§ 103 obviousnesscites PhillipsPatents in suitUS 11,004,271 - Intel Corporation v. Advanced Cluster Systems, Inc.All claims unpatentablePTAB · Sep 23, 2026 · IPR2025-00915 · APJ Arthur M Peslak · IPR · Final written decision
Claims 1–30 are unpatentable: claims 1–3, 5–16, and 18–30 as obvious over Menon, Trefethen, RS6000, and MPIref; claims 4 and 17 over those references plus POEref.
RulingsFinal written decision- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundTeaching away not foundDecided for petitioner
“Ex. 1163 ¶ 37 (citing Ex. 1003 ¶ 71; Ex. 1005, 1–3). We credit Dr. Bajaj’s testimony which is unrebutted and supported by the record. We, thus, agree with Dr. Bajaj’s reasoning which is based on Menon. We further agree with Dr. Bajaj’s conclusion that Menon does not teach away from the combination with Trefethen. Id. ¶ 75. Menon’s description of building on and enhancing the teachings of Trefethen—the earlier work of the same research group at Cornell—by adding MEX routines to achieve high-performance parallel computing and extensibility for MATLAB, demonstrates a classic motivation for a POSITA to combine. RS6000 is specifically referenced in Menon-Trefethen and adds operational details of the parallel operating platform that teach a POSITA how to implement the MultiMATLAB system with a reasonable expectation of success. Considering Menon as a whole, these facts are inconsistent with Patent Owner’s teaching away arguments. For these reasons, Patent Owner’s teaching away argument is unavailing. Motivation to Combine Conclusion We have reviewed Petitioner’s evidence and contentions which we” slip op. at 42
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“For the foregoing reasons, Petitioner establishes by a preponderance” slip op. at 79
Patent outcomesUS 11,563,621 unpatentable§ 103 obviousnesscites KSR · GrahamPatents in suitUS 11,563,621 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Manufacturing Resources International, Inc.All claims unpatentablePTAB · Sep 1, 2026 · IPR2023-00220 · APJ Jo-Anne M Kokoski · IPR · Final written decision
Claims 1–5, 7–13, and 16 are unpatentable as obvious over the asserted prior art; a separate ground was not reached because those claims were shown obvious on other grounds.
RulingsFinal written decision- Skill levelSkill level board ownDecided for patent owner
“had a bachelor’s degree in a pertinent discipline, such as mechanical engineering, physics, applied physics, product design, or a related field, and would also have had 2–4 years of experience working with electronic displays, including the thermal management, product design issues, and failure modes associated with such displays, or 5–7 years of experience in the field working with electronic displays and would have developed a similar understanding of thermal management, product design issues, and failure modes associated with electronic displays. Dec. 7–8. The parties’ positions have not changed from those we considered in the Institution Decision, and neither party argues that the outcome of this case would differ based on our adoption of a particular level of ordinary skill in the art. Thus, we apply the same definition in this Decision. Our determination regarding Petitioner’s challenge does not turn on the differences between Petitioner’s and Patent Owner’s proposed definitions, however, and we note that our conclusion would be the same under either definition.” slip op. at 8
- ExcludeMotion to exclude, deniedDenied
“new evidence filed by Patent Owner with its Sur-reply in contravention of 37 C.F.R. § 42.23(b). Paper 47, 1–5. We do not rely on either of these exhibits in rendering this Decision. Accordingly, we dismiss as moot Petitioner’s Motion to Strike.” slip op. at 73
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“that Patent Owner fails to adduce evidence showing how the claimed invention satisfied the alleged need for effective outdoor cooling. See Sjolund v. Musland, 847 F.2d 1573, 1582 (Fed. Cir. 1988) (holding that a proponent of objective evidence of long-felt need must show that “the claimed invention satisfied a long felt need”). Patent Owner states in conclusory fashion that “[d]espite the demand for outdoor displays, no one (including Samsung, despite having attempted to develop outdoor displays at least by 2005) was successful until Mr. Dunn conceived of his invention.” PO Resp. 75. Patent Owner cites no evidence for this proposition, so Patent Owner’s assertions regarding Mr. Dunn’s invention satisfying the alleged need are based on unsupported attorney argument. Accordingly, “we conclude that the nexus between the claimed invention and the purported long-felt, unmet need is too attenuated to provide a persuasive rationale for nonobviousness.” In re Karpf, 758 F. App’x 960, 965 (Fed. Cir. 2019).” slip op. at 64
- Obviousness (§103) › Objective indicia / secondary considerationsObjective indicia outweighedDecided for petitioner
“objective indicia of nonobviousness (i.e., secondary considerations) may lead to a conclusion that the challenged claims would not have been obvious. See, e.g., Stratoflex, Inc. v. Aeroquip Corp., 713 F.2d 1530, 1538–39 (Fed. Cir. 1983) (instructing that evidence of secondary considerations, when present, must always be considered in determining obviousness). Objective evidence of nonobviousness may include evidence of commercial success, licensing, copying, praise by others, long felt but unresolved need, and” slip op. at 58
Patent outcomesUS 9,173,322 unpatentable§ 103 obviousnesscites Phillips · KSRPatents in suitUS 9,173,322 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Manufacturing Resources International, Inc.All claims unpatentablePTAB · Aug 31, 2026 · IPR2023-00254 · APJ Jameson Lee · IPR · Final written decision
Claims 1–3, 5–9, 11–13, 15–18, and 20 are unpatentable as obvious over Karppanen and over Yare.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“art. This determination of the level of ordinary skill in the art is consistent with what is reflected by the content of the applied prior art references. Cf. Okajima v. Bourdeau, 261 F.3d 1350, 1354–55 (Fed. Cir. 2001) (the applied prior art may reflect an appropriate level of skill). Further, our obviousness conclusions would be no different even if Patent Owner’s articulation of the level of ordinary skill in the art is adopted. B.” slip op. at 15
- Expert testimonyPatent owner expert creditedDecided for patent owner
“Accordingly, we do not discount Mr. Smith-Gillespie’s testimony” slip op. at 33
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“1. “closed loop” The term “closed loop” is recited in each independent claim. Petitioner asserts that in the Delaware action , the district court construed “closed loop” as “gas pathway within a display housing containing gas that is essentially isolated from external air.” Pet. 11 (citing Ex. 1026, 1). Petitioner asserts that the district court’s construction is the proper construction, in light of the specification and the prosecution history of the ’740 patent. Id. at 11–12. Petitioner explains: The ’740 patent refers to the gas/air, circulating through a closed loop as the circulating gas/air and also as the “isolated gas.” (Ex. 1001, 9:64–10:3, 10:7–9, 10:56–58, 11:30–12:6 (claims reciting circulating gas/air), 3:30–[39], 3:50–52 (specification referring to gas in the closed loop as “circulating gas” and “isolated gas”), FIG. 1.) Moreover, as noted above, the Applicant distinguished the claims from the Thielemans prior art based on the argument that the closed loop must be separate from and in addition to the open loop. (Ex. [1031], pp. 44-45, 160 (Responses filed on 01/07/2019 and 08/15/2019).) The Court’s “closed loop” construction should apply here, though Applicant notes that this claim construction does not affect the applicability of the prior art in this Petition because the art teaches the separate loops. Id. at 12. Petitioner’s characterization of the prosecution history with respect to the Thielemans reference is inaccurate. Our review of the cited portions of the prosecution history reveals that the Applicants did not argue to the Examiner that the closed loop and the open loop must be isolated from each other and cannot mix. Rather, the Applicants argued that Thielemans discloses having an open loop or a closed loop, not both an open loop and a closed loop. Ex. 1031, 44–45, 160. The Applicants also argued that Thielemans’s closed loop is not “about” and is not “encircling” the electronic image assembly. Id. at 160. The cited prosecution history does not support Petitioner’s assertion. Patent Owner explains that the ITC in the related investigation” slip op. at 16
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“whether there was an apparent reason to combine the known elements in the fashion claimed by the patent at issue.” KSR, 550 U.S. at 418 (citing In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)). “[T]here must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.” Kahn, 441 F.3d at 988.” slip op. at 34
Patent outcomesUS 10,506,740 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,506,740 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Manufacturing Resources International, Inc.All claims unpatentablePTAB · Aug 31, 2026 · IPR2023-00221 · APJ Jameson Lee · IPR · Final written decision
Claims 1–15 are unpatentable as obvious over Karppanen and Larson; the Board found the evidence of obviousness outweighed the evidence of nonobviousness.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“art. This determination of the level of ordinary skill in the art is consistent with what is reflected by the content of the applied prior art references. Cf. Okajima v. Bourdeau, 261 F.3d 1350, 1354–55 (Fed. Cir. 2001) (the applied prior art may reflect an appropriate level of skill). Further, our obviousness conclusions would be no different even if Patent Owner’s articulation of the level of ordinary skill in the art is adopted. B.” slip op. at 15
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“1. “closed loop” The term “closed loop” is recited in each independent claim.” slip op. at 16
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“for outdoor displays, no one (including Samsung, despite having begun attempting to develop outdoor displays at least by 2005) was successful until Mr. Dunn and Mr. Hubbard conceived of their invention.” PO Resp. 65. Patent Owner cites no evidence for this proposition. Thus, Patent Owner’s assertions regarding Mr. Dunn’s and Mr. Hubbard’s invention satisfying the alleged need are based on unsupported attorney argument. Accordingly, “we conclude that the nexus between the claimed invention and the purported long-felt, unmet need is too attenuated to provide a persuasive rationale for nonobviousness.” In re Karpf, 758 F. App’x 960, 965 (Fed. Cir. 2019).” slip op. at 62
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableObjective indicia outweighedUnpatentable
“and against obviousness, and weighed the evidence accordingly. The evidence of obviousness outweighs the evidence of nonobviousness. Petitioner has shown by a preponderance of the evidence that claim 1 would have been obvious over Karppanen and Larson.” slip op. at 74
Patent outcomesUS 11,013,142 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,013,142 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. v. Manufacturing Resources International, Inc.All claims unpatentablePTAB · Aug 31, 2026 · IPR2023-00199 · APJ John A Hudalla · IPR · Final written decision
Claims 1, 4, 7, and 8 are unpatentable as obvious over Na and Kim (claim 1) and Na and Hong (claims 4, 7, and 8); other grounds were not reached.
RulingsFinal written decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Manufacturing Resources International, Inc. (“Patent Owner” or “MRI”) filed a Preliminary Response. Paper 7 (“Prelim. Resp.”). Taking into account the arguments presented by Patent Owner in the preliminary record, we determined that the information presented in the Petition established that there was a reasonable likelihood that Petitioner would prevail with respect to its unpatentability challenges. Pursuant to 35 U.S.C. § 314, we instituted this proceeding on June 20, 2023, as to all challenged claims and all grounds of unpatentability presented in the Petition. Paper 9 (“Dec. on Inst.”).” slip op. at 2
- ExcludeMotion to exclude, deniedDenied
“Petitioner’s Motion to Strike Petitioner moves to strike Exhibits 2055, 2056, and 2058–2061 as being improper new evidence filed by Patent Owner with its Sur-reply in contravention of 37 C.F.R. § 42.23(b). Exclude Mot. 1–5. We have not relied on any of these exhibits in rendering this Decision. Accordingly, we dismiss as moot Petitioner’s Motion to Strike.” slip op. at 73
- Skill levelSkill level board ownDecided for patent owner
“record, we adopted the following definition of the level of ordinary skill in our Decision on Institution: [A] POSITA would have had a bachelor’s degree in a pertinent discipline, such as mechanical engineering, physics, applied physics, product design, or a related field, and would also have had 2–4 years of experience working with electronic displays, including the thermal management, product design issues, and failure modes, associated with such displays, or 5–7 years of experience in the field working with electronic displays and would have developed a similar understanding of thermal management, product design issues, and failure modes, associated with electronic displays. Dec. on Inst. 11. The parties’ positions have not changed since the time of institution, and we discern no reason to change the definition. Thus, we apply the same definition. We are satisfied that this definition comports with the level of skill necessary to understand and implement the teachings of the ’595 patent and the asserted prior art. Notwithstanding, we note that our analysis would not change if we adopted either party’s proposed definition in toto.” slip op. at 12
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“appear nowhere outside of the claims in the ’595 patent. This fact alone tends to undermine Patent Owner’s suggestion that the “posterior surface” must be distinct from the “rear side.” In addition, Patent Owner’s cited portions of the Specification merely refer to the “posterior surface” as being the surface opposite that on which the LEDs are mounted to which heat from the LEDs is transferred. See Ex. 1001, 4:53–55, 4:57–60. They are inconclusive as to whether the “posterior surface” must be distinct from the “rear side.” Further, Mr. Gershowitz’s testimony in support of a “distinct” construction is based on his interpretation of the words “on the” in claim 4’s recited “posterior surface on the rear side of the PCB.” Ex. 2006 ¶ 128. Specifically, he testifies that “[i]f the posterior surface was the rear side of the PCB, the claim would have said so.” Id. He does not cite any support in the Specification of the ’595 patent for his interpretation. See id. Given that his testimony amounts to speculation divorced from the context of the Specification, Mr. Gershowitz’s testimony is entitled to little weight. We also have considered Mr. Smith-Gillespie’s testimony in support of Petitioner’s contention that an ordinarily skilled artisan “would have understood that the rear outermost surface of the PCB is the recited ‘posterior surface.’” Pet. Reply 20 (citing Pet. 83; Ex. 1002 ¶ 243). He cites a passage in the Specification of the ’595 patent that states: “The PCB may comprise a metal core PCB and the posterior surface of the PCB may be metallic so that air within the constricted convection channel may cool the metallic posterior surface (and subsequently the backlight assembly) more easily and efficiently.” Ex. 1002 ¶ 243 (emphasis omitted) (quoting Ex. 1001, 4:60–65). We accord Mr. Smith-Gillespie’s testimony more weight than Mr. Gershowitz’s testimony given that Mr. Smith-Gillespie’s testimony is rooted in disclosures about metal core PCBs in the ’595 patent. It also gives some credence to the notion that the “posterior surface” and the “rear side” could be one and the same. Based on the record before us, we do not agree with Patent Owner that” slip op. at 19
Patent outcomesUS 8,854,595 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,854,595 - Genius Sports Ltd. v. Sportscastr Inc. D/B/A Panda InteractiveAll claims unpatentablePTAB · Aug 27, 2026 · IPR2024-01310 · APJ Stephen E Belisle · IPR · Remand
On Director remand, the Board determined claims 1–15 unpatentable under § 103, including claims 1–11 over Ellis, Spivey, and Herzog.
RulingsRemand decision- RemandOther
“all Challenged Claims unpatentable and denying Petitioner’s Motion to Exclude. Paper 47 (“Original Final Decision”). Subsequently, Patent Owner filed a Request for Director Review and Petitioner filed an authorized Response thereto. Papers 48, 49. On July 29, 2026, the Director granted review, vacated-in-part the Original Final Decision, and remanded the case to the Board. Paper 50. In particular, the Director directed the Board “to consider Patent Owner’s arguments as to the webserver limitation in deciding whether Petitioner has established by a preponderance of the evidence that claims 1–11 are unpatentable under Petitioner’s Ground 1B.” Id. at 4. We do so in this Final Written Decision on Remand (“Remand Decision”). See infra § III.E (Ground 1B). For completeness, we repeat herein our analysis in the Original Final Decision for all other grounds.” slip op. at 2
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“C. Claim Construction We construe claims “using the same claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. 282(b), including construing the claim in accordance with the ordinary and 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); see also Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). In this context, claim terms “are generally given their ordinary and customary meaning” as understood by a person of ordinary skill in the art in question at the time of the invention. Phillips, 415 F.3d at 1312–13; see CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002) (There is “a ‘heavy presumption’ that a claim term carries its ordinary and customary meaning.”). “In determining the meaning of the disputed claim limitation, we look principally to the intrinsic evidence of record, examining the claim language itself, the written description, and the prosecution history, if in evidence.” DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., 469 F.3d 1005, 1014 (Fed. Cir. 2006) (citing Phillips, 415 F.3d at 1312–17). Extrinsic evidence is “less significant than the intrinsic record in determining ‘the legally operative meaning of claim language.’” Phillips, 415 F.3d at 1317. Petitioner contends that “[t]he claim terms of the ’218 [patent] should be given their plain and ordinary meaning” as understood by the relevant artisan. Pet. 6. Petitioner argues that the relevant artisan “would have understood a ‘socket’ to be a uniquely addressable communication endpoint on a server where first event information is provided to a [viewer client device] VCD.” Pet. 26 (citing Ex. 1001 ¶ 170). Petitioner argues that the relevant artisan also would have understood an “event socket,” in turn, to be “a socket where information about one sporting event is provided to VCDs.” Id. Beyond such proposed plain meanings for “socket” and “event” slip op. at 14
- Obviousness (§103) › Objective indicia / secondary considerationsObjective indicia no nexusDecided for petitioner
“(6) Conclusion as to Objective Indicia of Non- Obviousness For the foregoing reasons, although we have considered Patent Owner’s evidence of objective indicia of nonobviousness, we accord it little weight, and find that it does not outweigh Petitioner’s strong countervailing evidence supporting a conclusion of obviousness.” slip op. at 53
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“engineer with substantial experience in Internet video streaming, Internet communication, and related protocols, including an understanding of relaytype and orchestrator-type webservers, would have considered the subject matter of claim 1 as a whole, including the webserver, to be obvious in light of the combined teachings of Ellis, Spivey, and Herzog. Based on the context discussed above, and for the reasons provided above, we determine that the answer is yes. See Fleming v. Cirrus Design Corp., 28 F.4th 1214, 1222 (Fed. Cir. 2022) (“That the proposed combination of [two references]—rather than one of the individual references—discloses the disputed claim limitations does not defeat the Board’s conclusion of obviousness. In this case, it is sufficient that [the relevant artisan] would have been motivated to combine the prior art in a way such that the combination discloses the claim limitations.”).” slip op. at 78
Patent outcomesUS 11,039,218 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,039,218 - Meta Platforms, Inc. v. Sitnet LLCAdverse judgmentPTAB · Jul 15, 2026 · IPR2026-00100 · APJ Thu A Dang · IPR · Adverse judgment
The Board granted adverse judgment against SitNet after its disclaimer left no challenged claims remaining in the instituted trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“judgment include: . . . [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” 37 C.F.R. § 42.73(b)(2). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018). In this case, Patent Owner’s disclaimer of all claims of the ’290 patent leaves no claims remaining in the trial. Although Patent Owner argues that “it was filed to conserve the limited resources of the Board and the Parties in light of the fact that the ’290 Patent is no longer involved in any copending litigation” (Ex. 3001), we deem such argument not a persuasive reason as to why we should not apply § 42.73(b)(2), or why termination is more appropriate. Pursuant to 37 C.F.R. § 42.73(b)(2), we construe Patent Owner’s disclaimer of all claims at trial as a request for adverse judgment, which we grant.” slip op. at 3
NonePatents in suitUS 10,117,290 - Google LLC v. Brodti Inc.All claims unpatentablePTAB · Jun 30, 2026 · IPR2025-00472 · APJ Stephen E Belisle · IPR · Final written decision
Claims 1–20 are unpatentable as obvious under § 103 over Nicholas, Laidlaw, Mayadas, and Error, with Yasnovsky added for claims 7, 8, 16, 17, and 20.
RulingsFinal written decision- Skill levelSkill level patent owner adoptedDecided for patent owner
“Petitioner’s and Patent Owner’s definitions for the level of ordinary skill in the art are substantially similar. In light of the record before us, we adopt Patent Owner’s proposal regarding the level of ordinary skill in the art. Based on our review of the ’898 patent and the prior art of record, we determine that the definition offered by Patent Owner comports with the qualifications a person would have needed to understand and implement the teachings of the ’898 patent and the prior art, particularly experience pertaining to Internet/web interfaces and web-based media. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (explaining that specific findings regarding 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 (Fed. Cir. 1985)). Neither party argues, nor do we determine, that the outcome of our Decision depends on which party’s definition is selected.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“includ[e] a server and one or more webpages that may be provided by the server for display in a web browser.” Pet. Reply 5 (citing Ex. 1026 ¶¶ 13–15). Petitioner argues, and we agree, that the Specification strongly supports this construction (requiring a server and webpage(s)) by describing a “website” as synonymous with a server computer system: “The WWW [(World Wide Web)] service allows a server computer system (i.e., Web server or Web site) to send graphical Web pages or screens of information such as the advertising materials to a remote client computer system 10.” Ex. 1001, 3:66–4:2 (emphases added); see id. at Fig. 1 (depicting a service engine and webpages as a web server, i.e., website), 3:15–18 (describing Figure 1 as showing “a server of the website” (emphasis added)); Pet. Reply 5; see Ex. 1026 ¶ 13. Petitioner also submits a supporting (and persuasive) contemporaneous technical dictionary definition of “website,” which highlights the distinction between a lay person’s understanding of the term versus that of the relevant artisan. Pet. Reply 5–6. This definition explains that the “common but technically inaccurate” usage of “website” is to mean “Web page,” but the technically correct usage of “website” is to mean “one or more computers that are associated with a fully qualified domain name and make content available on the Web.” Id. (citing Ex. 1028, 402). Petitioner’s expert, Dr. Crovella, likewise testifies that “[a] website cannot exist without the server or computer that provides its webpages.” Ex. 1026 ¶ 15; see Ex. 1027, 36:8–20 (Patent Owner’s expert, Dr. Myler, agreeing that “it has to be some machine somewhere that’s providing the webpages for the website.”). The limitations of claim 1 also support Petitioner’s position that “website” includes a server and webpage(s). Reply 5. For example, claim 1 recites advertising material for “populat[ing] on one or more websites,” and selected “advertising buy options comprise at least one website of the respective websites.” Ex. 1001, 10:29–51 (emphases added). We find these limitations make the most technical sense where “website” implicates an Internet domain or domain name, such as brodti.com, which itself is a computer system (server) and associated webpage(s) reached via that domain name. This interpretation aligns with testimony of Patent Owner’s expert, Dr. Myler, in which he states that a “website” describes “a group of webpages at a particular domain (e.g., www.espn.com, www.espn.com/nba, www.espn.com/nfl, www.espn.com/nhl).” Ex. 2009 ¶ 68 (emphasis in italics added). In other words, brodti.com and espn.com are two different websites, with each website having one or more webpages (e.g., www.espn.com/nba, www.espn.com/nfl), and such websites include a server giving life to such webpage(s). slip op. at 15
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for petitioner
“Patent Owner proffers that placing advertising material “within” web property content means “inserting” an advertisement into particular content. PO Resp. 12. Petitioner responds that “placing . . . within” means what it says, and notes that “[t]he words ‘insert’ or ‘inserting’ appear nowhere in the [Specification].” Pet. Reply 7–8; see id. at 8 (Petitioner arguing that Patent Owner’s expert “admitted that the claim does not specify details regarding how advertising material needs to be placed within web property content.” (citing Ex. 1027, 29:18–24)). Patent Owner replies that the relevant artisan allegedly “would have understood ‘placing . . . within’ to mean ‘inserting into,’” but then submits that whether “placing . . . within” versus “inserting into” is used does not matter because Petitioner allegedly has not demonstrated the obviousness of either. PO Sur-reply 17. As Petitioner observes, “[i]t is unclear if Patent Owner intended any difference in meaning between these two terms.” Pet. Reply 8. Accordingly, based on the complete record before us, we determine that no further construction of this limitation is needed, and “placing A within B” means what it says—“placing A within B.”” slip op. at 20
- Expert testimonyPetitioner expert creditedOther
“determining” of impression validity feature of limitation 1[h] by disclosing “a ‘single-pixel’ image technique for determining that an impression is valid,” e.g., by using “cookies.” Pet. 42–45. Petitioner’s expert, Dr. Crovella, testifies that this “single-pixel” impression tracking technique would have been a “well-known” technique to the relevant artisan, and as described by Error, operates as follows: [A] URL link for a single pixel (or transparent) image file is embedded onto a webpage that is delivered to a web browser. The image is not meant to be viewed and will likely not be visible to the user. After the user’s browser receives the webpage, it uses the embedded URL link to request the single-pixel image from a server. The receipt of that request by the server provides an indication that the user’s web browser actually received and presented the web page to the user. Ex. 1002 ¶ 133 (citing Ex. 1007, 1:36–54, 2:6–21); see id. at ¶¶ 132–139. slip op. at 43
Patent outcomesUS 11,416,898 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,416,898 - Røde Microphones, LLC / Freedman Electronics Pty Ltd. v. Zaxcom, Inc.No claims unpatentablePTAB · Jun 11, 2026 · IPR2025-00232 · APJ Miriam L Quinn · IPR · Final written decision
The Board held that Petitioner did not prove any challenged claims of the ’207 patent unpatentable under the Strub, Woo, Nagai, and Gleissner obviousness ground.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for patent owner
“in these respects. The preambles of claims 17 and 59 recite the “audio device wearable by a user for storing locally generated audio.” There is neither mention of “multi-track” audio in the claim, nor is the audio device limited to capturing a single source of sound, such as a single performer. Accordingly, we are not persuaded that the ’443 and ’207 patent claims support the limited scope that Patent Owner urges for the term “locally generated audio.” None of Patent Owner’s citations to the specification define or require that the “locally generated audio” correspond to audio generated only by a single performer. See, e.g., 230 IPR, Ex. 1001, 8:59−62 (stating that the local audio input device “may be worn by the performer and connects to local audio device 102 at local audio input device port 314”). Patent Owner’s argument that the specification “teaches a single creator/performer per local audio device” is well-taken, but the teachings do not indicate the intent to exclude other sounds from being captured at the local audio device (or indicate how the device would prevent the capture of other sounds, such that the audio would be “isolated” as Patent Owner contends). See 230 Sur-Reply 10 (citing 230 IPR, Ex. 1001, 4:28−32, 10:29−34, and Insituform Techs., Inc. v. Cat Contr., Inc., 99 F.3d 1098, 1105 (Fed. Cir. 1996) (“[C]laim 1 refers to ‘a cup’ and ‘the cup’ repeatedly, suggesting that only one cup is involved . . . . [N]either the specification nor the drawings disclose the use of more than one cup.”)). For instance, the specification describes that the “independent track of audio is received from one of the performer’s local audio device 102.” 230 IPR, Ex. 1001, 10:33−34. Thus, in this description the audio track corresponds to the audio captured by a particular audio device—which was worn by the performer— but does not limit that captured audio to only sounds made by the performer. As to the “local audio data” term, Patent Owner argues that “audio data” means “mono or stereo audio files created from independent, isolated locally generated audio files, such files suitable for creation of a multi-track audio file.” 230 PO Resp. 9−10 (citing Ex. 2140 ¶¶ 131, 134). This argument is unsupported by the claim language or specification. The claim does not require the creation of audio files, much less a “multi-track audio file.” The specification describes storing audio files in memory without the specificity that Patent Owner urges we adopt. See 230 IPR, Ex. 1001, 13:1−14. Accordingly, we are not persuaded by Patent Owner’s proposed construction of “local audio data.” Rather, we understand “audio data” to have a plain and ordinary meaning, such as the one given to the term by the District Court in the underlying litigation. 230 IPR, Ex. 1037, 10. We adopt the District Court’s construction of “audio data” to mean “data comprising audio signals in digital form.” Id. This finds support in the specification as the audio is described as being converted into digital audio and stored in a file. See 230 IPR, Ex. 1001, 13:1−14. Our conclusion is consistent with the plain and ordinary meaning of the term as that would be understood by a person of ordinary skill in the art, and we see no reason to deviate from the conclusions of the District Court on this point.” slip op. at 20
- Prior constructionPrior construction adoptedDecided for petitioner
“data” means “mono or stereo audio files created from independent, isolated locally generated audio files, such files suitable for creation of a multi-track audio file.” 230 PO Resp. 9−10 (citing Ex. 2140 ¶¶ 131, 134). This argument is unsupported by the claim language or specification. The claim does not require the creation of audio files, much less a “multi-track audio file.” The specification describes storing audio files in memory without the specificity that Patent Owner urges we adopt. See 230 IPR, Ex. 1001, 13:1−14. Accordingly, we are not persuaded by Patent Owner’s proposed construction of “local audio data.” Rather, we understand “audio data” to have a plain and ordinary meaning, such as the one given to the term by the District Court in the underlying litigation. 230 IPR, Ex. 1037, 10. We adopt the District Court’s construction of “audio data” to mean “data comprising audio signals in digital form.” Id. This finds support in the specification as the audio is described as being converted into digital audio and stored in a file. See 230 IPR, Ex. 1001, 13:1−14. Our conclusion is consistent with the plain and ordinary meaning of the term as that would be understood by a person of ordinary skill in the art, and we see no reason to deviate from the conclusions of the District Court on this point.” slip op. at 21
- Obviousness (§103) › Objective indicia / secondary considerations › Skepticism / industry praiseObjective indicia with nexusDecided for patent owner
“1. Industry Praise: Academy and Emmy Awards Patent Owner argues that it “revolutionized [the] industry with the” slip op. at 97
- Obviousness (§103) › Objective indicia / secondary considerations › Long-felt need / failure of othersDecided for patent owner
“2. Long-Felt Need Patent Owner further proffers the testimony of two witnesses as” slip op. at 104
Patent outcomesUS 10,276,207 not shown unpatentableClaim construction§ 103 obviousnesscites Phillips · GrahamPatents in suitUS 10,276,207
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.