- PTAB · May 15, 2024 · IPR2023-00268 · APJ Sean P O’Hanlon · IPR · Remand
The Board instituted IPR on claims 1–3, 5–10, 16–18, and 21–25 based on all asserted grounds, finding a reasonable likelihood of success on anticipation and obviousness.
RulingsRemand decision- RehearingOther
“On August 11, 2023, a majority of the panel entered a Decision denying institution of inter partes review. Paper 9 (“Board Decision”). On September 11, 2023, Petitioner timely filed a request for Director Review of the Board Decision. Paper 10. On November 7, 2023, the Director delegated Director Review of the Board Decision to a Delegated Review Panel (“DRP”). Paper 11. On February 21, 2024, the DRP issued a decision granting Petitioner’s request for Director Review rehearing, vacating the Board Decision, and remanding to the original panel to reconsider whether to institute review. Paper 14 (“DRP Dec.”).” slip op. at 2
- PTAB / AIA Trials › Discretionary denial › Fintiv (parallel litigation)Decided for petitioner
“[T]he Board’s cases addressing earlier trial dates as a basis for denial under NHK have sought to balance considerations such as system efficiency, fairness, and patent quality.” Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 at 5 (PTAB Mar. 20, 2020) (designated precedential). Fintiv sets forth six non-exclusive factors for determining “whether efficiency, fairness, and the merits support the exercise of authority to deny institution in view of an earlier trial date in the parallel proceeding.” Id. at 6. In evaluating the factors, we take a holistic view of whether efficiency and integrity of the system are best served by denying or instituting review. Id. We are also guided by the Director’s Memorandum, Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation, issued June 21, 2022 (“Guidance Memo”),1 which provides several clarifications concerning the application of the Fintiv factors. One such clarification instructs that “the PTAB will not discretionarily deny institution in view of parallel district court litigation where a petitioner presents a stipulation not to pursue in a parallel proceeding the same grounds or any grounds that could have reasonably been raised before the PTAB.” Guidance Memo 3; see also id. at 7–8. Thus, we will not exercise our discretion to deny institution if a petitioner makes a stipulation similar to that provided in Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12 at 18–19 (PTAB Dec. 1, 2020) (designated precedential in relevant part). 1 Available at https://www.uspto.gov/sites/default/files/documents/ interim_proc_discretionary_denials_aia_parallel_district_court_litigation_ memo_20220621_.pdf. Petitioner stipulates “not to pursue, in the[Delaware litigation], any argument that the Challenged Claims are invalid on any ground that was raised or could have been reasonably raised in this [inter partes review], should th[e] petition be instituted.” Pet. 86; see also Ex. 1057, 1 (“If the Patent Trial and Appeal Board institutes a proceeding for [this inter partes review], [Petitioner] will not pursue in the [Delaware litigation], any argument that the challenged claims of the patent in [this inter partes review] are invalid on any ground that was raised or could have been reasonably raised in [this inter partes review] proceeding.”). Accordingly, pursuant to the Guidance Memo, we decline to exercise discretion under 35 U.S.C. § 314(a) to deny institution. slip op. at 8
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“IV. CONCLUSION For the foregoing reasons, we determine that the information presented establishes a reasonable likelihood that Petitioner would prevail in showing that at least one of the challenged claims is unpatentable. At this preliminary stage, we have not made a final determination with respect to the patentability of the challenged claims or any underlying factual and legal issues. See TriVascular, Inc. v. Samuels, 812 F.3d 1056, 1068 (Fed. Cir. 2016) (noting that “there is a significant difference between a petitioner’s burden to establish a ‘reasonable likelihood of success’ at institution, and actually proving invalidity by a preponderance of the evidence at trial”). Accordingly, inter partes review is instituted as to all challenged claims and all proposed grounds of unpatentability. See 37 C.F.R. § 42.108(a). V. ORDER Accordingly, it is: ORDERED that pursuant to 35 U.S.C. § 314(a), an inter partes review of claims 1–3, 5–10, 16–18, and 21–25 of the ’779 patent is instituted with respect to all grounds set forth in the Petition; and” slip op. at 33
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Patent Owner does not contest Petitioner’s proposed definition of the level of ordinary skill in the art. See generally Prelim. Resp. We note that Patent Owner’s declarant, Dr. Vancura, uses essentially the same definition as Petitioner. See Ex. 2001 ¶ 33. Based on the arguments presented and the cited references, we find Petitioner’s definition of the level of ordinary skill reasonable and for purposes of this Decision, adopt it as our own.” slip op. at 12
Claim construction§ 102 anticipation§ 103 obviousnessDiscretionary denialcites KSR · GrahamPatents in suitUS 11,200,779 - PTAB · Feb 1, 2023 · IPR2021-01315 · APJ Lynne H Browne · IPR · Final written decision
The Board cancelled claims 1–19 and denied substitute claims 20–38 because their 5,000–15,000 psi limitation added new matter without written-description support.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“2. Level of Ordinary Skill in the Art Petitioner contends a person having ordinary skill in the art pertaining to the ’500 patent would have either: (1) a Bachelor of Science in Mechanical Engineering, Electrical Engineering, Petroleum Engineering or an equivalent field as well as at least 2 years of academic or industry experience in the oil and gas industry, including well drilling, completion, or production; or (2) at least four years of industry experience in the oil and gas industry, including well drilling, completion, or production. Pet. 13 (citing Ex. 1003 ¶ 19). Patent Owner utilizes Petitioner’s formulation of ordinary skill. See Mot. 11–12. Petitioner’s formulation of ordinary skill is consistent with the level of skill reflected in the ’500 patent and the prior art of record. We therefore apply it in the present Decision.” slip op. at 12
- Expert testimonyPatent owner expert discountedDecided for petitioner
“for several reasons. First, as seen from the deposition testimony quoted above, Patent Owner’s own witnesses cannot agree on a numerical definition of “high pressure.” Mr. Marscher says high pressure is between 5,000 psi and 15,000 psi (see Ex. 1033, 111:1–112:3), whereas Mr. Schaaf says high pressure is between 8,000 psi and 12,000 psi and specifically disagrees with Mr. Marscher’s testimony that high pressure can be below 8,000 psi (see Ex. 1030, 43:6–44:13). Thus, the testimony of Patent Owner’s own witnesses is contrary to Patent Owner’s position that a person of ordinary skill in the art would have understood that the ’694 Application’s disclosure of “high pressure” pumping demonstrates possession of a specific numerical range of pumping pressures. Second, neither Mr. Marscher nor Mr. Schaaf cites any objective evidence to support their respective notions of what “high pressure” might be, in the context of hydraulic fracturing. For example, neither cites to any published industry standards to support their respective opinions. This lack of objective evidentiary support weakens the persuasiveness of both witness’s testimony on this issue, especially because their opinions conflict with each other.” slip op. at 19
- 112 supportMotion to amend, deniedDenied
“specification that did not expressly claim that range, did not state either of the two end values (40% and 60%), and did not disclose the range (40– 60%). Indivior, 18 F.4th at 1325 (claim 1), 1327–30 (discussing claim 1). In particular: “In the case of a claimed range, a skilled artisan must be able to reasonably discern a disclosure of that range” in the specification at issue. Id. at 1328. We conclude Patent Owner’s reliance on the testimony of Mr. Marscher and Mr. Schaaf that a skilled artisan could reasonably discern the numerical pressure range at issue here, based on the bare disclosure in the ’694 Application of “high pressure” pumping, is not persuasive for the reasons provided above. The Indivior decision also considered a narrower claim directed to a film comprising “about 48.2 wt % to about 58.6 wt % of the water-soluble polymetric matrix,” and concluded that it also did not have written description support in the specification at issue, even though the specification provided examples of films having the two end point values of the range (48.2% and 58.6%). See Indivior, 18 F.4th at 1325 (claim 7), 1329–30 (discussing claim 7). The Court concluded that finding written description support on those facts would “amount[] to cobbling together numbers after the fact” whereas “[a] written description sufficient to satisfy the requirement of the law requires a statement of an invention, not an invitation to go on a hunting expedition to patch together after the fact a synthetic definition of an invention.” Id. at 1329. We conclude in the present case that Patent Owner’s witnesses went on a hunting expedition which conflicts with the Indivior decision.” slip op. at 20
- BurdenNot reached
“E. Petitioner’s Unpatentability Grounds In light of our determination above that proposed substitute claims 20–38 lack written description support in the application that issued as the ’500 patent, we do not reach the grounds of unpatentability set forth in Petitioner’s Opposition for these claims. See Mot. Opp. 5–6 (listing the grounds).” slip op. at 21
NonePatents in suitUS 9,893,500 - PTAB · Jan 24, 2023 · IPR2021-01066 · APJ George R Hoskins · IPR · Final written decision
The Board cancelled original claims 1–20 and denied substitute claims 21–40 because their numerical pressure ranges added new matter.
RulingsFinal written decision- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend granted in partGranted in part
“The test for new matter is whether the original application’s disclosure “reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter.” Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1351 (Fed. Cir. 2010) (en banc); see also Senju Pharm. Co. v. Apotex Inc., 746 F.3d 1344, 1352 (Fed. Cir. 2014) (citing Ariad as providing the test for determining new matter under 35 U.S.C. § 132(a)). We perform “an objective inquiry into the four corners of the specification from the perspective of a person of ordinary skill in the art,” to determine whether it demonstrates possession of the claimed subject matter. Ariad, 598 F.3d at 1351.” slip op. at 11
- Disclosure Requirements (§112) › Written description (Ariad)Written description inadequateDenied
“The test for new matter is whether the original application’s disclosure “reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter.” Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1351 (Fed. Cir. 2010) (en banc); see also Senju Pharm. Co. v. Apotex Inc., 746 F.3d 1344, 1352 (Fed. Cir. 2014) (citing Ariad as providing the test for determining new matter under 35 U.S.C. § 132(a)). We perform “an objective inquiry into the four corners of the specification from the perspective of a person of ordinary skill in the art,” to determine whether it demonstrates possession of the claimed subject matter. Ariad, 598 F.3d at 1351.” slip op. at 11
- Skill levelSkill level board ownDecided for petitioner
“to the ’711 patent would have either: “(1) a Bachelor of Science in Mechanical Engineering, Electrical Engineering, Petroleum Engineering or an equivalent field as well as at least 2 years of academic or industry experience in the oil and gas industry, including well drilling, completion, or production”; or (2) “at least four years of industry experience in the oil and gas industry including well drilling, completion, or production.” Pet. 18. Patent Owner utilizes the same formulation of ordinary skill. See Mot. 10–11. 2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated. The parties’ agreed-upon formulation of ordinary skill is consistent with the level of skill reflected in the ’711 patent and the prior art of record. We therefore apply it in the present Decision.” slip op. at 11
- Expert testimonyPatent owner expert discountedDecided for petitioner
“disclosures of the ’656 Application into demonstrating possession of the numerical pressure ranges recited in proposed substitute claims 21 and 33 is unavailing, for several reasons. First, as seen from the deposition testimony quoted above, Patent Owner’s own witnesses cannot agree on a numerical definition of “high pressure.” Mr. Marscher says high pressure is between 5,000 psi and 15,000 psi (see Ex. 1020, 111:1–112:3), whereas Mr. Schaaf says high pressure is between 8,000 psi and 12,000 psi and specifically disagrees with Mr. Marscher’s testimony that high pressure can be below 8,000 psi (see Ex. 2014, 43:6–44:13). Thus, the testimony of Patent Owner’s own witnesses is contrary to Patent Owner’s position that a person of ordinary skill in the art would have understood that the ’656 Application’s disclosure of “high pressure” pumping demonstrates possession of a specific numerical range of pumping pressures. Second, neither Mr. Marscher nor Mr. Schaaf cites any objective evidence to support their respective notions of what “high pressure” might be, in the context of hydraulic fracturing. For example, neither cites to any published industry standards to support their respective opinions. This lack of objective evidentiary support weakens the persuasiveness of both witnesses’ testimony on this issue, especially because their opinions conflict with each other.” slip op. at 18
§ 103 obviousness§ 112 disclosurePatents in suitUS 10,020,711 - PTAB · Jan 17, 2023 · IPR2021-01036 · APJ Lynne H Browne · IPR · Final written decision
The Board granted cancellation of original claims 1–13, denied substitute claims 14–19 and 21 for new matter, and denied claims 20 and 22–26 as unpatentable.
RulingsFinal written decision- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend granted in partGranted in part
“V. SUMMARY OF CONCLUSIONS We grant Patent Owner’s non-contingent request to cancel original claims 1–13 of the ’728 patent, and we deny Patent Owner’s request to add proposed substitute claims 14–26 to the ’728 patent.16 Thus, the result of this Decision is summarized by the following table. Motion to Amend Outcome Claim(s) Original Claims Canceled by Amendment 1–13 Substitute Claims Proposed in the Amendment 14–26 Substitute Claims: Motion to Amend Granted Substitute Claims: Motion to Amend Denied 14–26 Substitute Claims: Not Reached VI. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Motion to Amend is granted as to the non-contingent request to cancel original claims 1–13 of the ’728 patent; 16 Should Patent Owner wish to pursue amendment of the challenged claims in a reissue or reexamination proceeding subsequent to the issuance of this Decision, we draw Patent Owner’s attention to the April 2019 Notice Regarding Options for Amendments by Patent Owner Through Reissue or Reexamination During a Pending AIA Trial Proceeding. See 84 Fed. Reg. 16,654 (Apr. 22, 2019). If Patent Owner chooses to file a reissue application or a request for reexamination of the challenged patent, we remind Patent Owner of its continuing obligation to notify the Board of any such related matters in updated mandatory notices. See 37 C.F.R. § 42.8(a)(3), (b)(2). FURTHER ORDERED that Patent Owner’s Motion to Amend is” slip op. at 39
- Skill levelSkill level petitioner adoptedDecided for petitioner
“2. Level of Ordinary Skill in the Art Petitioner contends a person having ordinary skill in the art pertaining to the ’728 patent would have either: (1) a Bachelor of Science in Mechanical Engineering, Electrical Engineering, Petroleum Engineering or an equivalent field as well as at least two years of academic or industry experience in the oil and gas industry, including well drilling, completion, or production; or (2) at least four years of industry experience in the oil and gas industry, including well drilling, completion, or production. 2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated. Pet. 14–15. Patent Owner utilizes Petitioner’s formulation of ordinary skill. See Mot. 12–13. Petitioner’s formulation of ordinary skill is consistent with the level of skill reflected in the ’728 patent and the prior art of record. We therefore apply it in the present Decision. 3.” slip op. at 12
- Disclosure Requirements (§112) › Written description (Ariad)Written description inadequateDenied
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“We see no evidence of improper hindsight. The Robinson/Broussard/ Henry combination does not disclose the claimed load box. Morris discloses mobile source of electricity 103 to supply electric power to fracturing equipment within mobile fracturing system 103 that includes at least one switchgear transport 112, a plurality of drive transports 104, at least one auxiliary power transport 106, at least one blender transport 110, at least one data van 114 and a plurality of fracturing pump transports 108 that deliver fracturing fluid through wellhead 101 to subsurface geological formations. Ex. 1037 ¶ 43. Morris discloses that “switch gear transport 112 may comprise a plurality of electrical disconnect switches, fuses, transformers, and/or circuit protectors to protect the fracturing equipment.” Id. Dr. Ehsani, Petitioner’s expert, testifies that “the switchgear (with switches, fuses, and circuit protectors) described in Morris is one example of a ‘load box’” comparing it to the ’728 patent’s disclosure that “tie ins for devices that operate at the stepped down voltage” are exemplary load boxes. Ex. 1041 ¶ 60 (citing Ex. 1001, 5:50–52). Dr. Ehsani further testifies that a person of ordinary skill in the art “would have recognized that lube oil heaters would be part of the fracturing pump transport or the additional auxiliary equipment to which power would be directed from switchgear.” Id. We credit Dr. Ehsani’s unrebutted testimony, which is supported by Morris’ disclosures discussed above. For these reasons, we determine that Petitioner has shown, by a preponderance of the evidence, that proposed substitute claim 20 is unpatentable over the combined teachings of Robinson, Broussard, Henry, and Morris.” slip op. at 35
§ 103 obviousness§ 112 disclosurecites KSR · GrahamPatents in suitUS 9,611,728 - PTAB · Jan 4, 2023 · IPR2021-01034 · APJ George R Hoskins · IPR · Final written decision
The Board cancelled original claims 1–11 and denied substitute claims 12–22 because their numerical pressure ranges introduced new matter unsupported by the original disclosure.
RulingsFinal written decision- 112 supportMotion to amend, deniedDenied
“The test for new matter is whether the original application’s disclosure “reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter.” Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1351 (Fed. Cir. 2010) (en banc); see also Senju Pharm. Co. v. Apotex Inc., 746 F.3d 1344, 1352 (Fed. Cir. 2014) (citing Ariad as providing the test for determining new matter under 35 U.S.C. § 132(a)). We perform “an objective inquiry into the four corners of the specification from the perspective of a person of ordinary skill in the art,” to determine whether it demonstrates possession of the claimed subject matter. Ariad, 598 F.3d at 1351.” slip op. at 11
- Skill levelSkill level board ownDecided for petitioner
“2. Level of Ordinary Skill in the Art Petitioner contends a person having ordinary skill in the art pertaining to the ’308 patent would have either: “(1) a Bachelor of Science in Mechanical Engineering, Electrical Engineering, Petroleum Engineering or an equivalent field as well as at least 2 years of academic or industry experience in the oil and gas industry, including well drilling, completion, or production”; or (2) “at least four years of industry experience in the oil and gas industry, including well drilling, completion, or production.” Pet. 24–25. Patent Owner utilizes the same formulation of ordinary skill. See Mot. 8. The parties’ agreed-upon formulation of ordinary skill is consistent with the level of skill reflected in the ’308 patent and the prior art of record. We therefore apply it in the present Decision.” slip op. at 11
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“the ’085 Application into demonstrating possession of the numerical pressure ranges recited in proposed substitute claims 12 and 16 is unavailing, for several reasons. First, as seen from the deposition testimony quoted above, Patent Owner’s own witnesses cannot agree on a numerical definition of “high pressure.” Mr. Marscher says high pressure is between 5,000 psi and 15,000 psi (see Ex. 1059, 111:1–112:3), whereas Mr. Schaaf says high pressure is between 8,000 psi and 12,000 psi and specifically disagrees with Mr. Marscher’s testimony that high pressure can be below 8,000 psi (see Ex. 1061, 43:6–44:13). Thus, the testimony of Patent Owner’s own witnesses is contrary to Patent Owner’s position that a person of ordinary skill in the art would have understood that the ’085 Application’s disclosure of “high pressure” pumping demonstrates possession of a specific numerical range of pumping pressures. Second, neither Mr. Marscher nor Mr. Schaaf cites any objective evidence to support their respective notions of what “high pressure” might be, in the context of hydraulic fracturing. For example, neither cites to any published industry standards to support their respective opinions. This lack of objective evidentiary support weakens the persuasiveness of both witness’s testimony on this issue, especially because their opinions conflict with each other. We are instead persuaded by the testimony of Petitioner’s witness Dr. Durham that “[t]he mere disclosure of ‘high pressure’ in the [’085 Application] specification[] . . . does not allow a [person of ordinary skill in the art] to recognize the ranges of pressures in” proposed substitute claims 12 and 16. Ex. 1079 ¶ 24. Further according to Dr. Durham: “What might be ‘high’ pressure according to one POSITA may not be ‘high’ pressure to another POSITA” and “[t]here is no universally accepted definition of ‘high pressure,’” as demonstrated by the testimony of Mr. Marscher and Mr. Schaaf and the lack of objective evidentiary support for their respective opinions. Id.” slip op. at 18
- ExcludeNot reached
“V. PATENT OWNER’S MOTION TO EXCLUDE EVIDENCE Patent Owner’s Motion to Exclude Evidence seeks to exclude evidence relating to Petitioner’s reliance on the S&S Proposal6 as a prior art 6 Stewart & Stevenson, Electric Fracturing Pump: Commercial Proposal, Quotation No., Rev. 4 (July 31, 2012) (Ex. 1056). reference to challenge the patentability of proposed substitute claims 11–22 under 35 U.S.C. § 103. See Papers 57 and 58 (moving to exclude Exs. 1071–1073). As discussed above, we do not reach these grounds of unpatentability, so we do not need to rule on the Motion to Exclude.” slip op. at 23
NonePatents in suitUS 10,337,308 - PTAB · Jan 4, 2023 · IPR2021-01032 · APJ George R Hoskins · IPR · Final written decision
The Board canceled original claims 1–14 and 17–21, denied substitute claims 22–40 for adding new matter, and did not reach the unpatentability grounds.
RulingsFinal written decision- 112 supportMotion to amend, deniedDenied
“Upon review of the foregoing, we agree with Petitioner’s position that the numerical pressure ranges recited in proposed substitute claims 22, 31, and 38 each introduce new matter into the ’689 Application. We have reviewed the ’689 Application disclosures cited by Patent Owner. See Ex. 1005, 19–40 (¶¶ 5, 7, 10, 11, 16–18, 20, 25–28, 31, 33, 35, Abstract, Figs. 1–2). These disclosures pertinently demonstrate possession only of “a system for hydraulically fracturing an underground formation” that is “configured to pump fluid into the wellbore at high pressure so that the fluid passes from the wellbore into the formation, and fractures the formation.” Ex. 1005, 22 (¶ 5) (emphases added); see also id. at 22–23 (¶ 7) (“pumping the hydraulic fracturing fluid at high pressure to crack the formation” (emphasis added)); id. at 24 (¶ 11) (“pumping fracturing fluid into the well with an electrically powered pump at a high pressure so that the fracturing fluid enters and cracks the formation” (emphasis added)); id. at 32–33 (¶ 33) (“The fracturing fluid can be pumped into the wellbore at a high enough pressure that the fracturing fluid cracks the formation, and enters into the cracks.” (emphasis added)). Thus, the ’689 Application demonstrates possession of pumping fluid at a “high pressure” to fracture an underground formation, but does not specify any particular numerical ranges of pressures that might correspond to the “high pressure,” including the three ranges specified in proposed substitute claims 22, 31, and 38. See, e.g., Tr. 44:11– 22.” slip op. at 18
- ExcludeNot reached
“V. PATENT OWNER’S MOTION TO EXCLUDE EVIDENCE Patent Owner’s Motion to Exclude Evidence seeks to exclude evidence relating to Petitioner’s reliance on the S&S Proposal7 as a prior art reference to challenge the patentability of proposed substitute claims 22–40 under 35 U.S.C. § 103. See Papers 58 and 59 (moving to exclude Exs. 1071–1073). As discussed above, we do not reach these grounds of unpatentability, so we do not need to rule on the Motion to Exclude.” slip op. at 25
- Skill levelSkill level petitioner adoptedDecided for petitioner
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
NonePatents in suitUS 9,410,410 - PTAB · Jan 28, 2014 · IPR2013-00588 · APJ Josiah C Cocks · IPR · Order
The Board granted the parties’ joint motion and terminated the proceeding before instituting trial or issuing a final written decision.
RulingsOther- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Other
“This case is in the preliminary proceeding1 stage. The Board has not instituted a trial. Under the circumstances, the Board determines that it is appropriate to terminate this proceeding without rendering either a decision to institute or a final written decision. See 37 C.F.R. § 42.72.” slip op. at 2
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted
“ORDER In consideration of the foregoing, it is hereby: ORDERED that the parties’ joint request that the settlement agreement (Exhibit 1029) be treated as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED; and FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED and this proceeding is terminated.” slip op. at 3
NonePatents in suitUS 8,135,250
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.