- Aroma360, LLC v. Air Esscentials, Inc.Some claims unpatentablePTAB · Oct 6, 2026 · IPR2025-00707 · APJ Eric C Jeschke · IPR · Final written decision
Claim 5 is unpatentable over Gao-2 and over Gao-2 with Goubet; claims 1, 3, 4, and 6–8 were not shown unpatentable on any ground, and substitute claim 17 was denied.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“As noted in the Decision on Institution, Petitioner’s proposed definition appears generally consistent with the record, including the prior art. See Dec. Inst. 8 (citing In re GPAC Inc., 57 F.3d at 1579). We remove the phrase “at least” in both listed options, however, as that phrase adds ambiguity. Further, Patent Owner has not argued at trial that Petitioner’s proposal for the level of ordinary skill leads to an improper understanding of how a skilled artisan would have understood either the challenged patent or the prior art. In the analysis below, we continue to apply the level of ordinary skill in the art adopted in the Decision on Institution, as proposed by Petitioner.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Neither Petitioner nor Patent Owner propose explicit constructions for any claim terms. Pet. 16–17; PO Resp. 5–6. Based on the complete record, we need not construe explicitly any claim terms because doing so would not change the outcome of the analysis below. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)).” slip op. at 10
- Expert testimonyPetitioner expert creditedDecided for patent owner
“As an initial matter, the record here does not support any sound basis to disregard the entirety of Dr. Micklow’s Declaration for allegedly not reviewing the parties’ claim constructions. See Pet. Reply 2–3 (citing Ex. 1046, 115:15–18). Contrary to Petitioner’s argument, in the cited 11 This refers to the recitation in clauses 1F and 5F that the “diffusion assembly is disposed between said upper chamber and said lower chamber.” discussion, Dr. Micklow does not indicate that he applied an incorrect understanding of a claim term. Cf. Cordis Corp. v. Bos. Sci. Corp., 658 F.3d 1347, 1357–58 (Fed. Cir. 2011) (disregarding testimony “based on an incorrect understanding of the claim construction”), cited at Pet. Reply 1; see also Pet. Reply 3 (arguing that “Dr. Micklow’s opinion that the prior art does not render the claims obvious is premised on an interpretation of certain claim limitations that are inconsistent with both parties’ constructions” (emphasis added)). Instead, we read Dr. Micklow’s testimony as clarifying that he was not involved in claim construction at all and that, as stated, he “made [his] opinions based on what [he] read in the patents.” Ex. 1046, 112:11–12; see also id. at 115:15–18 (“I don’t know if I would even apply claim construction. I applied engineering principles to a document that had been published with the patent office.”).” slip op. at 12
- BurdenNot shown unpatentable
“referring to the same direction as the separation of the “upper chamber” and “lower chamber” (vertically in both Figure 6 of the challenged patent and Figure 1 of Goubet), we turn back now to Petitioner’s discussion of clause 1F, which includes the limitation at issue. There, Petitioner does not discuss why the “diffusion assembly” is allegedly “disposed between” the “upper chamber” and “lower chamber,” but instead, Petitioner discusses why a component of the “diffusion assembly”—the “atomizer assembly”—is allegedly “disposed between” the “upper chamber” and “lower chamber”: Pet. 39. In the end, we need not assess whether the “atomizer assembly” identified by Petitioner is “disposed between” the “upper chamber” and “lower chamber” under the proper construction of that term (which, again, we need not and do not determine here) because the “disposed between” limitation does not involve the “atomizer assembly.” Instead, we find that, by failing to address why the identified “diffusion assembly” is “disposed between” the identified “upper chamber” and “lower chamber,” Petitioner has failed to provide persuasive evidence that Goubet discloses or suggests the “disposed between” limitation. Pet. 38–39 (discussing the claim language “said diffusion assembly is disposed between said upper chamber and said lower chamber” but only discussing the location of the “atomizer assembly”); see 35 U.S.C. § 316(e) (“In an inter partes review . . . , the petitioner shall have the burden of proving a proposition of unpatentability by a preponderance of the evidence.”). For the reasons above, we find, based on the complete record, that Petitioner has not shown by a preponderance of the evidence that Goubet discloses or suggests the “disposed between” limitation.” slip op. at 22
Patent outcomesUS 10,092,918 mixedClaim construction§ 103 obviousnesscites Phillips · KSRPatents in suitUS 10,092,918 - Aroma360, LLC v. Air Esscentials, Inc.All claims unpatentablePTAB · Oct 6, 2026 · IPR2025-00706 · APJ Eric C Jeschke · IPR · Final written decision
Claims 1, 4, and 7–10 are unpatentable as obvious over Goubet and anticipated by Gao; proposed substitute claims 20 and 21 are denied as indefinite and lacking written-description support.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“In the Response, Patent Owner states that it “does not dispute” the definition of one of ordinary skill in the art proposed by Petitioner, but Patent Owner “reserves the right to address [the definition] should new issues materialize.” PO Resp. 6. Patent Owner did not address this issue in the Sur-reply. As noted in the Decision on Institution, Petitioner’s proposed definition appears generally consistent with the record, including the prior art. See Dec. Inst. 8 (citing In re GPAC Inc., 57 F.3d at 1579). We remove the phrase “at least” in both listed options, however, as that phrase adds ambiguity. Further, Patent Owner has not argued at trial that Petitioner’s proposal for the level of ordinary skill leads to an improper understanding of how a skilled artisan would have understood either the challenged patent or the prior art. In the analysis below, we continue to apply the level of ordinary skill in the art adopted in the Decision on Institution, as proposed by Petitioner.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed petitioner constructionOther
“Network LLC, 929 F.3d 1350, 1357 (Fed. Cir. 2019). At first glance, the language of the limitation at issue—which, again, recites “the compressed air and the operative fluid mix together in said mixing chamber to form the fluid dispersion”—would seem to require the “fluid dispersion” (under the stipulated construction) to be fully formed in the “mixing chamber.” In other words, the language of the limitation alone would seem to support Patent Owner’s proposed construction for the “form the fluid dispersion” limitation. But the claim construction analysis does not end with consideration of the claim language alone. Next, we turn to the Specification. The Federal Circuit has said that the specification “is the single best guide to the meaning of a disputed term.” Phillips, 415 F.3d at 1315 (quoting Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996)). Here, the discussion in the Specification of precisely the same language as in the limitation at issue strongly supports that “to form a fluid dispersion” in the limitation at issue requires only initial mixing of the compressed air and operative fluid in the mixing chamber, with further “formation” of the ”fluid dispersion” occurring downstream of the mixing chamber: More importantly, the “predetermined amount” of compressed air and the “preselected amount” of the operable fluid are initially mixed together in the mixing chamber 226 to form a fluid dispersion. The diffusion chamber 112" is further structured to facilitate the formation of a plurality of substantially uniform droplets, as defined hereinabove, in the fluid dispersion prior to discharge from the diffusion chamber 112" through discharge port 132. Ex. 1001, 10:62–11:2 (emphasis added) (discussing Figure 6), quoted, in part, at Pet. Reply 6–710; see also Ex. 1001, 5:64–6:4 (same language, except without double primes, in a discussion of Figures 1 and 2). To be sure, certain passages in the Specification could be read to indicate that a “fluid dispersion” must be fully formed in the “mixing chamber.” See, e.g., Ex. 1001, 6:11–12 (“More in particular, the suppression chamber 232 receives the fluid dispersion from the mixing chamber 226.”); see also id. at 7:22–33, 11:39–52 (both implying that a “fluid dispersion” is formed in the mixing chamber). But the passage block quoted directly above (and the similar one bridging columns 5 and 6) more directly addresses the issue at hand—i.e., the scope of “form the fluid dispersion”—by using the same” slip op. at 13
- Expert testimonyPatent owner expert discountedMixed
“As an initial matter, the record here does not support any sound basis to disregard the entirety of Dr. Micklow’s Declaration for allegedly not reviewing the parties’ claim constructions. See Pet. Reply 2 (citing Ex. 1046, 115:15–18). Contrary to Petitioner’s argument, in the cited discussion, Dr. Micklow does not indicate that he applied an incorrect understanding of a claim term. Cf. Cordis Corp. v. Bos. Sci. Corp., 658 F.3d 1347, 1357–58 (Fed. Cir. 2011) (disregarding testimony “based on an incorrect understanding of the claim construction”), cited at Pet. Reply 1. Instead, we read Dr. Micklow’s testimony as clarifying that he was not involved in claim construction at all and that, as stated, he “made [his] opinions based on what [he] read in the patents.” Ex. 1046, 112:11–12; see also id. at 115:15–18 (“I don’t know if I would even apply claim construction. I applied engineering principles to a document that had been published with the patent office.”).” slip op. at 18
- Obviousness (§103) › Motivation to combine / reasonable expectation of successNot shown unpatentableMotivation not foundNot shown unpatentable
“To satisfy its burden of proving obviousness, a petitioner cannot employ mere conclusory statements. The petitioner must instead articulate specific reasoning, based on evidence of record, to support the legal conclusion of obviousness.” In re Magnum Oil Tools Int’l, Ltd., 829 F.3d 1364, 1380 (Fed. Cir. 2016); TriVascular, Inc. v. Samuels, 812 F.3d 1056, 1066 (Fed. Cir. 2016) (“Although the KSR test is flexible, the Board ‘must still be careful not to allow hindsight reconstruction of references . . . without any explanation as to how or why the references would be combined to produce the claimed invention.’”) (citation omitted). Based on the complete record, we agree with Patent Owner that “Petitioner’s asserted motivation boils down to the conclusory statement that given Goubet and Kaiser, ‘it was well known in the field at the time of the invention that droplets of greater uniformity result in uniform droplet evaporation.’” PO Resp. 31 (quoting Pet. 59). We agree with Patent Owner that Petitioner’s discussion of the alleged reasons to combine (Pet. 59) is insufficient to support the proposed combination here. See Magnum Oil, 829 F.3d at 1380. Specifically, we are not persuaded that Kaiser’s teachings—which relate to combustion (Ex. 1014 at 43)—would have led one of ordinary skill in the art to the proposed modifications, which would allegedly “improve the smoothness (i.e., less harsh) of the aroma generated as the oil droplets evaporate in the surrounding airspace.” See Pet. 59 (emphasis added); White Pet. Decl. ¶ 251 (same); see PO Resp. 32 (“Rather, Dr. White merely describes the ability to achieve the effect as in the claimed patent, not why a [person of ordinary skill in the art] would look to the field of electrospray injection and combustion in mesoscale power-generation systems, using high-voltage electric fields to generate charged fuel droplets for controlled combustion in catalytic micro-combustors when considering atomization for scents.”). For these reasons, we determine, in light of the complete record, that Petitioner has not shown by a preponderance of the evidence that one of ordinary skill in the art at the time of the invention would have had reason to combine Goubet and Kaiser, as proposed. slip op. at 32
Patent outcomesUS 10,583,449 unpatentableClaim construction§ 102 anticipation§ 103 obviousness§ 112 disclosurecites Phillips · NautilusPatents in suitUS 10,583,449 - Aroma360, LLC v. Air Esscentials, Inc.All claims unpatentablePTAB · Oct 6, 2026 · IPR2025-00705 · APJ Eric C Jeschke · IPR · Final written decision
Claims 7–9 and 11 are unpatentable as obvious over Goubet; proposed substitute claim 21 is denied as indefinite.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“In the Response, Patent Owner states that it “does not dispute” the definition of one of ordinary skill in the art proposed by Petitioner, but Patent Owner “reserves the right to address [the definition] should new issues materialize.” PO Resp. 5. Patent Owner did not address this issue in the Sur-reply. As noted in the Decision on Institution, Petitioner’s proposed definition appears generally consistent with the record, including the prior art. See Dec. Inst. 8 (citing In re GPAC Inc., 57 F.3d at 1579). We remove the phrase “at least” in both listed options, however, as that phrase adds ambiguity. Further, Patent Owner has not argued at trial that Petitioner’s proposal for the level of ordinary skill leads to an improper understanding of how a skilled artisan would have understood either the challenged patent or the prior art. In the analysis below, we continue to apply the level of ordinary skill in the art adopted in the Decision on Institution, as proposed by Petitioner.” slip op. at 9
- Expert testimonyPetitioner expert creditedDecided for patent owner
“The record here does not support any sound basis to disregard the entirety of Dr. Micklow’s Declaration, as asserted in Petitioner’s overall argument. See Pet. Reply 1–2. Contrary to Petitioner’s argument, in the cited general discussion, Dr. Micklow does not indicate that he applied an incorrect understanding of a claim term. Cf. Cordis Corp. v. Bos. Sci. Corp., 658 F.3d 1347, 1357–58 (Fed. Cir. 2011) (disregarding testimony “based on an incorrect understanding of the claim construction”), cited at Pet. Reply 1; see also Pet. Reply 2 (arguing that “Dr. Micklow’s declaration is premised on understandings of claim scope that are inconsistent with the constructions advanced by both of the parties” (emphasis added)). Instead, we read the cited portions of Dr. Micklow’s testimony as clarifying that he was not involved in claim construction at all and that, as stated, he “made [his] opinions based on what [he] read in the patents.” Ex. 1046, 112:11–12; see also Pet. Reply 1 (citing Ex. 1046, 112:4–12, 113:13–20, 115:15–18). Next, we turn to each of the four specific claim terms that Petitioner highlights in its further arguments.” slip op. at 12
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction needed
“B. Claim Construction In inter partes reviews, the Board interprets claim language using the same claim construction standard that would be used in a civil action under 35 U.S.C. § 282(b), as described in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). See 37 C.F.R. § 42.100(b). Under that standard, we generally give claim terms their ordinary and customary meaning, as would be understood by a person of ordinary skill in the art at the time of the invention, in light of the language of the claims, the specification, and the prosecution history. See Phillips, 415 F.3d at 1313–14. Although extrinsic evidence, when available, may also be useful when construing claim terms under this standard, extrinsic evidence should be considered in the context of the intrinsic evidence. See id. at 1317–19. Neither Petitioner nor Patent Owner propose explicit constructions for any claim terms. Pet. 10–11; PO Resp. 5. Based on the complete record, we need not construe explicitly any claim terms because doing so would not change the outcome of the analysis below. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)).” slip op. at 9
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner
“Florida Litigation a Joint Claim Construction statement that included stipulated claim constructions and disputed claim constructions for terms in the challenged patent as well as the ’449 patent and the ’918 patent. See Ex. 1018, Exhibit A (Stipulated Claim Constructions), Exhibit B (Disputed Claim Constructions). The parties stipulated to the construction of the terms “fluid dispersion” and “baffle” as recited in the challenged claim. See id., Exhibit A.10 10 When staying the Florida Litigation, the District Court cancelled the scheduled claim construction hearing. See ECF No. 67 (April 8, 2025) (granting joint motion to stay); ECF No. 68 (April 8, 2025) (cancelling the The stipulated construction of “fluid dispersion” merely restates the express definition of “fluid dispersion” from the challenged patent (although the definition is not cited or discussed in the parties’ filing). Compare Ex. 1018, Exhibit A, with Ex. 1001, 3:8–20. Similarly, the stipulated construction of “baffle” essentially parrots one sentence in the challenged patent (again, not cited or discussed in the parties’ filing). Compare Ex. 1018, Exhibit A, with Ex. 1001, 7:57–59. To the extent necessary, we determine that the complete record supports the parties’ stipulated constructions of “fluid dispersion” and “baffle,” and we apply those constructions below.” slip op. at 10
Patent outcomesUS 9,527,094 unpatentableClaim construction§ 103 obviousness§ 112 disclosurecites Phillips · NautilusPatents in suitUS 9,527,094 - Solaris Oilfield Site Services Operating, LLC / Solaris Oilfield Site Services Personnel, LLC v. Masaba, Inc.All claims unpatentablePTAB · Jan 26, 2026 · IPR2024-01179 · APJ Carl M Defranco · IPR · Final written decision
Claims 1–25 are unpatentable under § 103 over the asserted combinations of Waldner, Dynatek, and additional references; the Board cancelled all challenged claims.
RulingsFinal written decision- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“Also, to the extent Masaba relies on extrinsic expert testimony, we note that Masaba’s expert cites absolutely no support for his understanding of the claims, much less explains why we should adopt his understanding over the plain and ordinary meaning of “conveying aggregate” and “moving aggregate.” See Ex. 2004 ¶ 34. Absent supporting citations, such extrinsic testimony is entitled to little, if any, weight. As such, we reject the notion that Waldner’s discharge chute member 242 is not a conveyor “for conveying aggregate” or “for moving aggregate,” as required by claim elements 1[h] and 1[i].” slip op. at 21
- Skill levelSkill level petitioner adoptedDecided for petitioner
“We disagree that Dr. Durham does not possess the necessary level of skill in the art to qualify as an expert in this case. Looking at the specification of the ’689 patent and the prior art of record, we think Masaba sets the bar too high. We acknowledge that one of ordinary skill in the art should have some education and/or experience in the mechanical art of conveying aggregate materials, but we do not think opining on the ’689 patent and asserted prior art necessarily requires that person to have the amount of education and experience that Masaba advocates. The ’689 patent relates generally to an “aggregate transferring system for receiving aggregate from a vehicle and elevating the aggregate to a higher vertical level for deposit into, for example, a silo.” Ex. 1001, 1:15– 18. And, as described in the ’689 patent and discussed later, the transferring system is an assembly of known types of conveyors, such as a belly-dump truck conveyor, a bucket elevator, and an articulated belt conveyor, for transferring the aggregate horizontally and vertically from a belly-dump truck to the discharge point, such as a silo. Without doubt, Dr. Durham has enough education and experience to reliably opine on the combination of known parts.” slip op. at 8
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningNo construction needed
“We reject this argument for several reasons. First, nowhere does the plain language of the claims specify how the aggregate is conveyed or moved from the conveyor extension assembly’s inlet to its outlet, be it passively by means of gravity or actively by means of a conveyor belt. Instead, the claims simply use those verbs according to their plain and ordinary meaning, which is “to transfer or deliver” or “to cause to go or pass” from one place to another. See Ex. 3001, 253 (defining “convey”), 760 (defining “move”).10 Second, the specification of the ’689 patent similarly uses these terms in a plain and ordinary sense, without ever attributing to them some sort of special meaning. See, e.g., Ex. 1001, 4:9–12 (“The apparatus 10 is suitable for performing the transfer of aggregate from 10 We reference the original pagination of the dictionary in which these definitions appear. one location to another, such as, for example, from a vehicle carrying the aggregate to a silo 1 for storing the aggregate.”). The ’689 patent specification also makes clear that active conveyance of the aggregate is an option and not a requirement of the claimed invention, stating that the conveyor extension assembly “may further include a conveyor belt 150.” Ex. 1001, 10:60–66 (emphasis added). Limiting claim elements 1[h] and 1[i] to a device “for actively conveying” or “for actively moving aggregate” would improperly import limitations from the specification into the claims. Thus, based on the intrinsic evidence, we determine that claim elements 1h and 1k are properly construed to encompass passive and/or active movement of the aggregate via the conveyor extension assembly.” slip op. at 20
- Claim Construction › Functional claiming / §112(f) means-plus-function › Whether §112(f) applies (Williamson, nonce words)Not reached
“Owner asserts” that two claim terms—“unloader structure” and “trailer structure”—should be construed as means-plus-function limitations under 35 U.S.C. § 112(f), Solaris submits an express construction detailing the corresponding structure in the specification for performing the recited function of the claimed unloader and trailer structures. See id. at 24–25. Only in disputing Solaris’s Ground 3 does Masaba advocate that the claim term “trailer structure” should be construed under § 112(f), and then only in conjunction with dependent claims 3 and 21. See PO Resp. 58. As such, we address Masaba’s proposed construction in our analysis of Ground 3. We now turn to Solaris’s grounds of unpatentability.” slip op. at 12
Patent outcomesUS 11,780,689 unpatentableClaim construction§ 103 obviousnesscites KSRPatents in suitUS 11,780,689 - PTAB · Oct 15, 2025 · PGR2025-00002 · APJ Frederick C Laney · PGR · Adverse judgment
After Patent Owner disclaimed claims 1–78, the Board granted its motion for adverse judgment and terminated the post-grant review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under our rules, “[a] party may request judgment against itself at any time during a proceeding,” which includes “[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). See Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1350 (Fed. Cir. 2018) (“there is no claim remaining for trial . . . when, as here, all of the challenged claims have been cancelled”). Thus, actions construed to be a request for adverse judgment include cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Because Patent Owner has disclaimed all challenged claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 2
NonePatents in suitUS 12,134,952 - Under Armour, Inc. v. Athalonz, LLCAll claims unpatentablePTAB · Sep 11, 2025 · IPR2024-00636 · APJ Matthew S Meyers · IPR · Final written decision
Claims 1–8 are unpatentable as obvious over Kim; the Board did not reach the four other instituted grounds.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Based on the full record, we determine that Petitioner’s proposed level of skill is reasonable and consistent with the ’786 patent and the asserted prior art. Thus, for these reasons, we adopt Petitioner’s level of skill in the art for purposes of this Decision.” slip op. at 7
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“Based on the full record, we maintain that it is unnecessary to explicitly construe “athletic positioning” because its meaning is already captured in the claim through the recitation of the relationship between the various slopes of the sole that provide “athletic positioning” of the foot. See Ex. 1001, 44:2–14. The recitations of a “first slope,” “second slope,” “third slope,” and “reference slope” translate into the relative heights proposed in adopt Patent Owner’s proposed construction because it incorporates the specification’s consistent descriptions of “athletic positioning” in terms of relative heights and slopes. For example, one embodiment of an “athletic positioning shape” is where “the heel platform may be 10 to 30 mm higher” than “the toe cup and/or the ball of foot cup.” [Ex. 1001], 13:38–45. Another embodiment discloses “an athletic positioning sole that includes an overall geometric shape” including “the heel of the sole [at] a particular height (e.g., h1, which may be 1’s to 10’s of mm) that slopes at an angle (e.g., Ø1) to the toe on the inside edge of the sole” which “may have a height of zero to a few millimeters.” Id., 17:54–62. PO Resp. 29. However, we find Patent Owner’s contention regarding particular heights and specific angles attempts to import limitations from the Specification into claims. Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875 (Fed. Cir. 2004) (“Though understanding the claim language may be aided by the explanations contained in the written description, it is important not to import into a claim limitations that are not a part of the claim.”). Based on the full record, we determine that express claim construction of “athletic positioning” is not necessary to resolve the present dispute. See Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms . . . that are in controversy, and only to the extent necessary to resolve the controversy.’” (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).” slip op. at 9
- Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable
“8. Conclusion for Ground 1 We have considered all of the arguments and evidence adduced at trial. For the reasons explained, we find Petitioner has persuasively demonstrated that Kim teaches or suggests all limitations of claims 1–8. We also find that the value of Patent Owner’s objective evidence of non-obviousness is weak in comparison to the evidence regarding the prior art under the first three Graham factors. Accordingly, we find Petitioner has shown by a preponderance of the evidence that claims 1–8 of the ’786 patent would have been obvious over Kim.” slip op. at 39
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner
“Based on the full record, we determine that Patent Owner fails to show nexus between the claimed invention and the asserted objective indicia of nonobviousness. PO Resp. 70–78; PO Sur-reply 25–28. Other than asserting that “the requisite nexus exists here” (PO Resp. 71), and citing to the Declaration testimony of Mr. Markison (id. (citing Ex. 2008 ¶ 322)), the Patent Owner response does not provide an analysis of Patent Owner’s product with respect to the claims of the ’768 patent, and thus does not demonstrate nexus. To the extent Patent Owner references Mr. Markison’s testimony, Mr. Markison’s testimony consists solely of the statement that Patent Owner “sells and markets golf and baseball shoes that embody the claims of the ’786 patent” with reference to an exhibit from district court litigation. See Ex. 2008 ¶ 322 (citing Ex. 2014). We find Patent Owner’s reliance on Mr. Markison’s testimony to be insufficient to establish a rebuttable presumption of nexus. Thus, Patent Owner is not entitled to a rebuttable presumption of nexus, because Patent Owner has not shown that the asserted evidence is tied to a specific product that is the disclosed and claimed invention. Fox Factory, Inc. v. SRAM, LLC, 944 F.3d 1366, 1373 (Fed. Cir. 2019). Patent Owner also does not provide any evidence that the asserted” slip op. at 33
Patent outcomesUS 10,674,786 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,674,786 - Under Armour, Inc. v. Athalonz, LLCAll claims unpatentablePTAB · Sep 10, 2025 · IPR2024-00640 · APJ Hyun J Jung · IPR · Final written decision
Claims 1–5, 7, 9–15, and 17 are unpatentable: claims 10, 11, 15, and 17 over Won, and claims 1–5, 7, 9, and 12–14 over Won and Talarico ’911.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner argues that a person of ordinary skill in the art “would have (1) at least a B.S. or equivalent degree related to industrial or product design and at least two years’ experience designing or developing athletic shoes; or (2) at least five years designing or developing athletic shoes.” Pet. 17–18 (citing Ex. 1002 ¶ 31). According to Petitioner, “the claims are obvious in view of any reasonable definition of a [person of ordinary skill in the art].” Id. at 21. For institution, we preliminarily adopted Petitioner’s proposal. Inst. Dec. 4. “For purposes of this proceeding, Patent Owner does not dispute Petitioner’s level of ordinary skill.” PO Resp. 13 (citing Pet. 17–18). Patent Owner contends that its declarant Mr. Markison “far exceeds the proposed level of ordinary skill in the art” and, because he is registered as a patent attorney and licensed as an attorney, “can offer good faith and objective opinions on the issues in this proceeding.” Id. at 13–14 (citing Ex. 2008 ¶¶ 11–13, 17–30, 42–44). Based on the full record, we maintain and affirm that one of ordinary skill in the art “would have (1) at least a B.S. or equivalent degree related to industrial or product design and at least two years’ experience designing or developing athletic shoes; or (2) at least five years designing or developing athletic shoes.” Pet. 20–21 (citing Ex. 1002 ¶ 30); Inst. Dec. 9; Ex. 1002 ¶ 30; Ex. 2008 ¶ 44.” slip op. at 9
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed patent owner constructionDecided for patent owner
“Petitioner notes that, although claim 1 recites a heel platform made of a “first material” and a forefoot platform made of a “second material,” the first and second materials can be the same based on Patent Owner’s apparent interpretation in related litigation. Pet. 27 n.1 (citing Ex. 1012, 30–44). Petitioner applies Patent Owner’s apparent interpretation to the challenges of this proceeding “[w]ithout conceding alternative arguments.” Id. At institution, we were persuaded by Patent Owner’s arguments and adopted a construction that the “first” and “second” materials are “different in some manner.” Inst. Dec. 7–8. Patent Owner responds that we should maintain the same construction and disputes Petitioner’s evidence that the “first” and “second” materials can be the same material. PO Resp. 15–19 (citing Pet. 27 n.1; Inst. Dec. 8, 12–13; Ex. 1012, Ex. E, 38, 52; Ex. 2014, 15). Patent Owner also argues that Petitioner should not be allowed to present new arguments or evidence in reply. Id. at 19–21. Petitioner replies that interpreting “first” and “second” materials to be different materials contradicts the plain language of the claims, the Specification, and Patent Owner’s infringement contentions. Pet. Reply 1–5 (citing Pet. 27 n.1; Prelim. Resp. 16–17; PO Resp. 16–18; Ex. 1001, 10:9– 19, 17:52–54, 21:64–22:4, 27:47–51, Figs. 43, 49, claims 1, 6; Ex. 1023, 47:1–48:1, 215:6–217:12, 224:13–225:19; Ex. 1025, 319; Ex. 1026). Patent Owner replies that Petitioner presents new arguments and evidence in reply. PO Sur-reply 5–9 (citing Pet. 27 n.1; Inst. Dec. 13; PO Resp. 16–21; Pet. Reply 1–3, 14 n.1; Paper 19). Patent Owner also argues that, even if Petitioner’s asserted new arguments and evidence are considered, they fail to support an interpretation of “first” and “second” Resp. 16–17; Pet. Reply 1–3; Ex. 1001, 17:50–54, 27:50–54, Figs. 43, 93; Ex. 1023, 215:6–217:12; Ex. 2014, 19–22)” slip op. at 12
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“4. Other Terms Based on the full record, express interpretation of other terms is not necessary to resolve the parties’ dispute. Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (“The Board is required to construe ‘only those terms that . . . are in controversy, and only to the extent necessary to resolve the controversy.’”) (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)).” slip op. at 13
- ExcludeMotion to exclude, grantedMotion to exclude, deniedMixed
“Patent Owner does not satisfy its “burden of proof to establish that it is entitled to the requested relief.” 37 C.F.R. § 42.20(c). Evidence of how the inventor viewed claim terms can be useful in considering claim interpretation, and, thus, we agree with Petitioner that the exhibit is relevant. For the reasons stated below, however, we do not need to rely on the exhibit. Accordingly, Patent Owner’s Motion to Exclude Exhibit 1024 is dismissed as moot.” slip op. at 6
Patent outcomesUS 11,510,456 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,510,456 - Synaffix B.V. v. Hangzhou Dac Biotech Co., Ltd.Some claims unpatentablePTAB · Aug 26, 2025 · IPR2022-01531 · APJ Devon Zastrow Newman · IPR · Final written decision
Claims 1–17, 20, 21, 24, 26, and 29–31 are unpatentable; claims 25 and 32–34 were not shown unpatentable, and the motion to exclude was dismissed as moot.
RulingsFinal written decision- RemandOther
“review of claims 1–17, 20, 21, 24–26, and 29–34 of the ’682 patent. Paper 2 (“Pet.”), 1, 3. Patent Owner, Hangzhou DAC Biotech Co., Ltd., filed a Preliminary Response (Paper 9, “Prelim. Resp.”). We initially determined that the information presented in the Petition did not establish a reasonable likelihood that Petitioner would prevail with respect to at least one of the challenged claims, and did not institute inter partes review. Paper 17. Petitioner requested Director review of our decision denying institution (Paper 18 (“Request”)). The Director delegated review of the decision to a Delegated Rehearing Panel (“DRP”). Paper 19. Patent Owner was granted the option to file a response to Petitioner’s Request (Paper 22 (“Request Resp.”)). The Delegated Review Panel vacated our decision and remanded the case to this panel with a revised claim construction for claim 1. Paper 23 (“DRP Dec.”). On August 30, 2024, we instituted an inter partes review after remand from the Director. Paper 25 (“Inst. Dec.”). Patent Owner subsequently filed a Patent Owner Response (Paper 31, “Resp.”), Petitioner filed a Reply (Paper 36, “Reply”), Patent Owner filed a Sur-reply (Paper 44, “Sur-reply”), and Petitioner filed a Sur-sur-reply (Paper 48, “Sur-sur-reply”).” slip op. at 2
- PTAB / AIA Trials › Motions to amend / substitute claimsOther
“I. Patent Owner’s Motion to Exclude Evidence Patent Owner moves to exclude Exhibits 1089 and 1090. Paper 50. As we did not rely on either of Exhibits 1089 or 1090 in deciding this matter, Patent Owner’s motion is dismissed as moot.” slip op. at 96
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableMixed
“For these reasons, Patent Owner’s arguments and cited evidence also” slip op. at 31
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableNot shown unpatentableMixed
“function as R2, and the ethyl group may function as R4, which can be a linear alkyl having 1–6 carbon atoms. We note that claim 3 permits R5 and R6 to be absent. For these reasons, the arguments presented in the Petition demonstrate that claim 3 would have been obvious over Singh’s Compound 3 when modified in view of Harris.” slip op. at 73
Patent outcomesUS 10,131,682 mixed§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,131,682 - Skechers U.S.A., Inc. v. Nike, Inc.InstitutedPTAB · Jun 12, 2025 · IPR2025-00142 · APJ Carl M Defranco · IPR · Institution
The Board instituted review of claims 1, 5–9, and 11–17 because Skechers showed a reasonable likelihood that claims 1 and 11 were obvious over Dua, Hong, and/or Choi.
RulingsInstitution decision- PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticDenied
“Here, it is undisputed that Skechers was neither a party to the earlier lululemon IPR nor had ever before challenged the claims of the ’484 patent. Instead, in an attempt to demonstrate a significant relationship between Skechers and lululemon that might justify application of the General Plastic framework, Nike’s sole argument is that “Skechers created a relationship with lululemon by openly admitting that it used lululemon’s petition as a roadmap” and that “[t]his admitted roadmapping creates an implicit relationship between Skechers and lululemon.” PO Sur-Reply 2. We reject the notion that “roadmapping” alone creates a significant relationship. As noted in Videndum, a second petitioner’s reliance on a first petitioner’s earlier-filed petition, “even ‘as a menu or road map,’ is not sufficient to create a significant relationship that favors denial under the first General Plastic factor.” Videndum, at *2 (emphasis added); see also Ford, at *2 (rejecting patent owner’s argument that Ford’s use of prior Volkswagen and Dell IPRs “as a roadmap for its Petition” was sufficient to create “an ‘implicit’ relationship”). In other words, absent some evidence of a non-mandated7 collaboration between Skechers and lululemon (such as proof of a licensing or other technology-sharing agreement regarding the accused product), Skechers’ use of arguments and evidence similar to those in the earlier lululemon IPR does not create a significant relationship. Nor does it appear that Nike could reasonably establish such a relationship given that Skechers is a direct competitor of lululemon, was sued on an entirely different product than lululemon, and was not sued until after lululemon had already sought inter partes review of the challenged patent. See Pet. Reply 1–2 (citing Exs. 1065, 1066).” slip op. at 6
- Other 314aInstitution denied discretionary otherDenied
“In particular, the Board has already performed a detailed analysis of the ’484 patent, including construing the claim terms and applying two of the prior art references—Dua and Hong—that form the primary ground here. As such, the Board is much further along in understanding the challenged claims and the parties’ dispute over their validity than the district court in the parallel litigation. And even if the Final Decision in the lululemon IPR is reversed or remanded on appeal, the Board’s considerable experience with the relevant issues remains. Thus, the fact that the Board has already expended considerable time and resources in deciding the validity of the challenged claims, whereas the district court has not, weighs heavily in favor of institution.10 Indeed, in staying the parallel litigation, the district court expressly recognized the lack of any significant investment by the parties or the court— - “[D]iscovery is still in the early stages.” - “The parties . . . have not yet taken any depositions, any third party discovery, or any expert discovery. . . . Accordingly, this case remains in its early stages.” - “Despite [the parties’] significant work [on claim construction], . . . there is more work ahead of the parties and the Court than behind.”” slip op. at 9
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Skechers proposes that one skilled in the art would have had “at least a few years of experience in knit materials and knitting methods and machines that can be used in making footwear, or a bachelor’s degree in textile-related sciences, engineering, or industrial product design, or equivalent academic or work experience, including in the footwear industry” or “at least a general understanding of general construction processes and materials used in the manufacturing process of fabric-based articles.” Pet. 10 (citing Ex. 1002 ¶ 68). Nike agrees. See Prelim. Resp. 11 (“For purposes of this Preliminary Response, Nike applies Skechers’ definition of a person of ordinary skill in the art (‘POSITA’).” Accordingly, we adopt the level of ordinary skill in the art as proposed by Skechers.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner
“Skechers notes that “[d]uring the parallel litigation, the parties agreed that the term ‘central portion having a domed, three-dimensional structure’ means ‘central portion having a domed, three-dimensional structure formed during the flat-knitting process, and not afterward’” and that “in the lululemon IPR . . . the Board adopted [this] as its construction.” Pet. 11 (citing Ex. 1005, 2; Ex. 1021, 6) (emphasis added). Nike agrees with that construction. See Prelim. Resp. 11–12 (quoting Pet. 11). Thus, consistent with the parties’ agreement and the Board’s construction in the lululemon IPR, we construe the claimed “central portion having a domed, three-dimensional structure” as meaning it is formed during the knitting process, and not afterward.” slip op. at 11
Claim constructionDiscretionary denialPatents in suitUS 9,730,484 - PTAB · Apr 8, 2025 · IPR2024-01401 · APJ Eric C Jeschke · IPR · Institution
The Board instituted inter partes review of claims 1–23 on all asserted obviousness grounds, finding a reasonable likelihood of prevailing based on Burchia and Metabowerke for claims 9 and 17.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“We have authority to determine whether to institute inter partes review. See 35 U.S.C. § 314 (2018); 37 C.F.R. § 42.4(a) (2024) (“The Board institutes the trial on behalf of the Director.”). Inter partes review may not be instituted “unless . . . the information presented in the petition . . . 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. Upon consideration of the evidence and arguments in the record, for the reasons below, we determine that the information presented shows a reasonable likelihood that Petitioner would prevail with respect to at least one of the challenged claims. We thus institute inter partes review on all challenged claims on all asserted grounds. See SAS Inst. Inc. v. Iancu, 138 S. Ct. 1348, 1354, 1359–60 (2018); 37 C.F.R. § 42.108(a) (“When instituting inter partes review, the Board will authorize the review to proceed on all of the challenged claims and on all grounds of unpatentability asserted for each claim.”).” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Denied
“Therefore, “if the petition includes the same or substantially the same claims, grounds, arguments, and evidence as presented in the parallel proceeding, this fact has favored denial.” Id. The Fintiv panel stated that “the degree of overlap is highly fact dependent” and encouraged the parties to “indicate whether all or some of the claims challenged in the petition are also at issue in district court.” Id. at 13. For the reasons below, we view this factor overall as weighing strongly against denial.” slip op. at 18
- PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsDenied
“the Examiner erred in the evaluation of the prior art, for example, by showing that the Examiner misapprehended or overlooked specific teachings in the relevant prior art such that the error by the Office was material to the patentability of the challenged claims.” Advanced Bionics, Paper 6 at 21. “An example of a material error may include misapprehending or overlooking specific teachings of the relevant prior art where those teachings impact patentability of the challenged claims.” Id. at 8–9 n.9.” slip op. at 26
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner’s and Patent Owner’s proposals as to the level of ordinary skill in the art overlap in certain aspects. For example, the first option presented by Petitioner (requiring a bachelor’s degree) largely aligns with the first sentence in Patent Owner’s proposal above (also requiring a bachelor’s degree). Compare Pet. 8, with Prelim. Resp. 4. The second and final sentence from Patent Owner provides other options but is imprecise as to how much “more” or “less” of either formal education or experience are sufficient. See Prelim. Resp. 4. At this stage of the proceeding, Patent Owner does not argue that Petitioner’s proposal for the level of ordinary skill in the art leads to an improper understanding of how a skilled artisan would understand either the challenged patent or the prior art. With that, and the lack of declaration testimony supporting Patent Owner’s proposal, we adopt, for purposes of this Decision, Petitioner’s proposal as to the level of ordinary skill in the art, which appears consistent with the record at this stage of the proceeding, including the prior art. See GPAC Inc., 57 F.3d at 1579.” slip op. at 12
Claim construction§ 103 obviousnessDiscretionary denialcites Phillips · GrahamPatents in suitUS 11,794,952
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.