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  • Uatp IP LLC v. Slick Slide LLCSome claims unpatentable
    PTAB · Oct 2, 2026 · PGR2024-00054 · APJ Brian D Range · PGR · Final written decision

    Claims 22–26 are unpatentable based on obviousness; claims 1–17, 27, and 28 were not shown unpatentable. Patent Owner’s motion to terminate was denied.

    RulingsFinal written decision
    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownDecided for patent owner

      “1. Mesh Layer Petitioner contends “no formal claim construction is necessary in this” slip op. at 13

    • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)Not shown unpatentableNot shown unpatentable

      “5. Analysis On this complete record, we determine that Petitioner’s arguments do” slip op. at 31

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable

      “form of nylon and some form of Teflon (and possible combinations thereof) having the specific coefficient of friction range given in limitation [1c] breaks down, because the building blocks of the obviousness argument are not sufficiently identified in Phillips alone, nor in the supporting testimony. Accordingly, we determine that Petitioner’s arguments and evidence fail to show that Phillips renders the challenged claims obvious. 6. Conclusion Based on the foregoing, we determine that Petitioner has not established by a preponderance of the evidence that claims 1–4, 6, and 7 would have been anticipated by or obvious in view of Phillips.” slip op. at 33

    • Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for petitioner

      “2. Products and Nexus We first consider the issue of whether certain evidence relied upon by” slip op. at 20

    Patent outcomesUS 11,998,854 mixed
    Claim construction§ 102 anticipation§ 103 obviousness§ 112 disclosurecites Phillips · Graham · Nautilus
    Patents in suitUS 11,998,854
  • Anthony Inc. v. Controltec, LLCAll claims unpatentable
    PTAB · Sep 30, 2026 · IPR2025-00636 · APJ Barry L Grossman · IPR · Final written decision

    Claims 1–20 are unpatentable as obvious: claims 8–12 over Carter; claims 1–20 over Carter and Bunch; claims 3, 9, 10, and 19 over Carter, Bunch, and King; and claims 2, 11–13, and 17 over Carter, …

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “testimony that we limit the level of ordinary skill to “refrigerated display cases.” Limiting the level of skill to an engineer with experience “working with refrigerated display cases” does not relate to the technology disclosed, and the invention claimed, in the ’847 patent, which is controlling condensation and conserving energy. E.g., Ex. 1001, 2:23–27 (“The invention is proactive in preventing condensation from forming by activating frame/door heaters before the dew point temperature at frame and door surfaces is reached. Power is then cycled off at a set point above dew point to save energy.” (emphases added)). An electrical engineer with a bachelor’s degree and 2 years of experience focused on lighting systems for refrigerated display cases would have “experience working with refrigerated display cases,” and thus meet Patent Owner’s proposed level of skill. Such a person, however, would not be experienced in controlling condensation, dew point sensor positioning, and condensation algorithm design, which is the focus of the disclosed and claimed invention, and which Mr. Pollock states “materially affect performance, energy use, and reliability” in controlling condensation in a refrigerated display case. Ex. 2037 ¶ 10. We also note that Mr. Pollock’s qualifications include a “B.S. in Mechanical Engineering, . . . with focus on thermal and mechanical systems, thermodynamics, and HVAC&R (Heating, Ventilation, Air Conditioning & Refrigeration).” Ex. 2037 ¶ 3. His academic focus is consistent with our determination of the level of ordinary skill. Accordingly, based on the prior art, the sophistication of the disclosed technology in the ’847 patent, finding Mr. Pollock’s testimony on this issue too general, and crediting Dr. Henze’s testimony with substantial probative weight, we adopt Petitioner’s definition of the level of ordinary skill. We” slip op. at 19

    • Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner

      “Accordingly, based on the prior art, the sophistication of the disclosed technology in the ’847 patent, finding Mr. Pollock’s testimony on this issue too general, and crediting Dr. Henze’s testimony with substantial probative weight, we adopt Petitioner’s definition of the level of ordinary skill. We more experience will offset less academic training, as did Dr. Henze (Ex. 1003 ¶ 31). Thus, in this proceeding a person of ordinary skill would have a bachelor’s degree in mechanical engineering, electrical engineering, or a comparable field and at least three to five years of professional experience working with heating, ventilating, air conditioning, and refrigeration (HVAC&R) systems, and that more academic training will offset less experience, and more experience will offset less academic training. 2. Dr. Henze Is a Person of Ordinary Skill Patent Owner asserts that Dr. Henze is not a person of ordinary skill and thus is not qualified to provide expert testimony in this proceeding. PO Resp. 18–21 (citing Kyocera Senco Indus. Tools Inc. v. Int’l Trade Comm’n, 22 F.4th 1369, 1377 (Fed. Cir. 2022). Patent Owner’s argument requires a level of ordinary skill based on “working with refrigerated display cases,” which we have not adopted. PO Resp. 27. Based on the level of skill adopted in the previous section, we determine that Dr. Henze is qualified to provide expert testimony in this proceeding C. Claim Construction We construe each claim “using the same claim construction standard” slip op. at 19

    • Claim Construction › Intrinsic evidence (Phillips canons) › Preamble limiting or notNot reached

      “[W]e need only construe terms ‘that are in controversy, and only to the extent necessary to resolve the controversy.’” Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)). Whether the preamble is or is not limiting is not necessary to resolve this controversy because it would not affect the outcome of this case. We also note that it is beyond reasonable dispute that Bunch, applied with Carter against all the challenged claims, discloses display cases with glass doors. Ex. 1006, 1:14–16. Bunch also discloses that, in the display cases, “[t]o combat condensation and frost, heaters are installed in refrigerator doors and frames, which raise the temperature of the door or frame sufficiently to eliminate condensation.” Id. at 1:24–26. slip op. at 22

    • Obviousness (§103) › Analogous artAnalogous artDecided for petitioner

      “A reference qualifies as prior art for an obviousness determination only when it is analogous to the claimed invention. In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004) (“References within the statutory terms of 35 U.S.C. § 102 qualify as prior art for an obviousness determination only when analogous to the claimed invention.” (citing In re Clay, 966 F.2d 656, 658 (Fed. Cir. 1992))). The Federal Circuit has laid out two separate tests to determine whether a reference is analogous art to the claimed invention, i.e., whether reference. In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004). These two tests are: “(1) whether the art is from the same field of [the inventor’s] endeavor” and “(2) if the reference is not within the field of the inventor’s endeavor, whether the reference still is reasonably pertinent to the particular problem with which the inventor is involved.” Id.; see also Netflix, Inc. v. DivX, LLC, 80 F.4th 1352, 1359 (Fed. Cir. 2023) (“Importantly, ‘the scope of any field of endeavor will vary with the factual description of each invention.’ Unlike the reasonable-pertinence test, the field-of-endeavor test does not look to the problem that the patent purports to address. It is enough that the prior art reference falls within the relevant field of endeavor of the patent-in-suit.”) (citations omitted); Unwired Planet, LLC v. Google Inc., 841 F.3d 995, 1001 (Fed. Cir. 2016) (“To determine if art is analogous, we look to ‘the purposes of both the invention and the prior art.’ If a reference disclosure and the claimed invention have a same purpose, the reference relates to the same problem, which supports an obviousness rejection.” (citations omitted)); see also Nielsen Co. (US), LLC v. TVision Insights, Inc., 186 F.4th 1363, 1369–1370 (Fed. Cir. 2026) (providing a comprehensive summary and analysis of the applicable law concerning analogous art)” slip op. at 37

    Patent outcomesUS 7,421,847 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 7,421,847
  • PTAB · Sep 28, 2026 · IPR2025-00611 · APJ Christopher L Ogden · IPR · Final written decision

    Claims 1–10, 12, 13, 19, and 20 are unpatentable under § 103 over the stated Douglas–Mark and Hamilton-based grounds.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “The parties agree that experience could substitute for a degree, and vice versa. Pet. 3; PO Resp. 10. The parties’ proposed levels of ordinary skill are substantially similar. For this decision, as in the Institution Decision, we adopt Petitioner’s proposed level, which is supported by credible testimonial evidence and is consistent with the problems addressed in the ’774 patent. See Ex. 1001, 1:16–52. Our decision would be the same, however, if we were to adopt Patent Owner’s proposal.” slip op. at 7

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Other

      “Neither Petitioner nor Patent Owner argues that we need to construe any claim terms explicitly. See Pet. 2–3; PO Resp. 10. However, the parties contest two material claim-construction issues which we address below. To the extent that the parties’ positions depend on interpreting other claim language in a particular way, we discuss the relevant claim language below in the context of the parties’ arguments regarding the prior art.” slip op. at 8

    • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner

      “We disagree with Patent Owner that a person of ordinary skill in the art would have understood that limitation 1.2 must be performed before limitations 1.3 or 1.4. See Ex. 1001, 35:21–24. See Interactive Gift Exp., Inc. v. Compuserve Inc., 256 F.3d 1323, 1342 (Fed. Cir. 2001) (“Unless the steps of a method actually recite an order, the steps are not ordinarily construed to require one.” (citing Loral Fairchild Corp. v. Sony Corp., 181 F.3d 1313, 1322 (Fed. Cir. 1999)). The evidence suggests that a “target printer” is any printer that is ultimately selected for fabricating the object, and such a printer could send its configuration information either before or after that determination is made in limitation 1.2. This interpretation does not render the word “target” meaningless. At some point, a printer must be determined to be the target printer, which is the one intended to ultimately fabricate the three-dimensional object. But the target printer still exists, and is capable of being queried, before that determination is made. We find the examples in the ’774 patent pertinent to this question. The ’774 patent states that “the target printer may include more than one printer.” Ex. 1001, 18:66–67. In discussing the step of “query target printer for properties 306” (Fig. 3A), the ’774 patent states that “[i]n one aspect, numerous queries are sent to numerous printers, e.g., for use in selecting one or more of the printers as the target printer.” Id. at 19:8–10. Alternatively, “the query is sent to a printer that is not necessarily the target printer as described herein, e.g., when the query or information received from a response to the query is used for the selection of the target printer.” Id. at 19:11–14. Importantly, the second embodiment states that the queried printer “is not necessarily the target printer,” suggesting that the queried printer could be the target printer even before it is determined to be such. Id. at 19:11–12 (emphasis added). Based on the evidence of record, a person of ordinary skill in the art would have understood that the “target printer” can be determined after the query recited in limitation 1.3 or the reception of configuration information recited in limitation 1.4. Thus, the evidence does not impose an ordering between limitations 1.2 and 1.3 or between limitations 1.2 and 1.4. The evidence also does not support Patent Owner’s argument that the two reverse-order examples in the ’774 patent are unclaimed embodiments.” slip op. at 10

    • Obviousness (§103) › Motivation to combine / reasonable expectation of success › HindsightMotivation foundDecided for petitioner

      “We disagree that Petitioner’s arguments are based on impermissible hindsight, because they are based on the disclosures in Douglas and Mark, and Petitioner has articulated a persuasive reason to combine those references without referring to the ’774 patent itself, as we discuss below. See In re McLaughlin, 443 F.2d 1392, 1395 (CCPA 1971) (an obvious rationale is not improper hindsight if it “takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure”).” slip op. at 29

    Patent outcomesUS 11,886,774 unpatentable
    Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 11,886,774
  • PTAB · Aug 26, 2026 · IPR2026-00047 · APJ Hung H Bui · IPR · Final written decision

    Claims 1–4, 6, 9–14, and 17 are unpatentable as obvious over Yurt and Logan; the Board denied Petitioner’s motion to strike.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Based on the record before us, we are unpersuaded that Patent Owner’s “proposed level of skill” is appropriate in this proceeding for reasons discussed below.” slip op. at 13

    • Expert testimonyPatent owner expert creditedDecided for patent owner

      “McCulloh’s qualifications are grounded upon Patent Owner’s “proposed level of skill” (which we rejected) that is “higher than Petitioner’s proposed level” (which we adopted for this proceeding) and focus on their level of skill in the late 1990s timeframe (time of the invention), but there is no time requirement on when an expert acquired the requisite level of skill in the art. Osseo Imaging, LLC v. Planmeca USA Inc., 116 F. 4th 1335, 1340–1341 (declining to add a timing requirement to the minimum qualifications necessary to offer expert testimony from the perspective of a person of ordinary skill in the art). “An expert need not have acquired that skill level prior to the time of the invention to be able to testify from the vantage point of a person of ordinary skill in the art. Rather, an expert can acquire the necessary skill level later and develop an understanding of what a person of ordinary skill knew at the time of the invention. In practice, the fact that the expert was not a person of ordinary skill at the time of the invention may well be used during cross examination to undermine the credibility of the expert.” Id. Under Petitioner’s proposed level of skill (which we adopted), Dr. McCulloh is indeed qualified to testify in this proceeding because he has a Ph.D. in Computer Science from Carnegie Mellon University and extensive experience, including “hands-on deployment and academic research in distributed systems operating under real-world constraints” (Ex. 2009, Ex. 2010). See Ex. 2010 (CV) (BSIE, MS Comp. Sci, PhD Comp. Sci, Lieutenant 1994-1999, 10th Mountain Division (“led the army’s first tactical deployment of a distributed computing system”)); Ex. 2009 ¶¶ 6–10. Although Dr. McCulloh’s declaration does not include any searching or analysis of patent literature including Yurt or Logan as part of his analysis of the “background” state of the art, as correctly recognized by Petitioner (Pet. Reply 7–8 (citing Ex. 1017, 74:18–75:14; Ex. 2009 ¶ 3)), we are persuaded that Dr. McCulloh is qualified to address Dr. Lippman’s portrayal of the architecture disclosed in the ’128 patent, as advanced by Patent Owner. Ex. 2009, ¶¶ 3, 5–34; Ex. 2010. Dr. McCulloh does not provide testimony to refute Petitioner’s obviousness analysis based on Yurt and Logan. See Ex. 2009. Mr. Johnson is only offered to refute Petitioner’s obviousness analysis based on Yurt and Logan. Ex. 2007 ¶¶ 3, 18, 29. Under Petitioner’s proposed level of skill (which we adopted), Mr. Johnson, who is a co-inventor of the ’128 patent, is qualified to testify in this proceeding, especially, when his declaration states that (1) he is a POSITA “with more than 30 years of experience building technology-driven media and contentdistribution systems” and (2) he “was actively involved in the development and deployment of digital music and video distribution technologies” since the mid-1990’s, including “real-time and near-real-time electronic delivery of media content.” Ex. 2007 ¶¶ 9–10, 14, 16. Certainly, “[t]he inventor himself may qualify as an expert and testify what his claims would mean in the relevant art.” Markman v. Westview Instruments, Inc., 52 F.3d 967, 991 (Fed. Cir. 1995).” slip op. at 17

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningNo construction needed

      “Plain Meaning of “Substantially Real Time” Instead, the plain meaning of “substantially real time” is readily apparent and understood by a person of skill (POSITA) in the art in the context of data distribution or transmission of the ’128 patent as referring to an acceptable time delay (i.e., “a fraction of real time”) between distribution center 18 and user device 12, via network 14, shown in Figures 1–2 of the ’128 patent and, as such, is consistent with the ‘128 patent’s specification and Dr. Lippman’s Declaration (Ex. 1003, ¶¶ 79, 126). Because the plain meaning of “substantially real time” as understood by a POSITA is readily apparent, there is no reason for the Board to consider Patent Owner’s clarification of “substantially real time” based solely on extrinsic evidence, i.e., counsel argument, Mr. Johnson’s declaration (Ex. 2007, ¶¶ 27, 29–30, 33, 39; Ex. 1018, 38:13–39:20) and Dr. McCulloh’s declaration (Ex. 2009, ¶ 19). For example, Patent Owner, relying upon Mr. Johnson’s testimony, clarifies the term “substantially real time” requires either (1) “playback while transmission is ongoing” (PO Resp. 30), or (2) “[a] coordinated system behavior in response to a user’s request” “in which a user request triggers coordinated operations, including locating content across distributed systems, routing that content, and initiating playback while transmission is ongoing” (PO Sur-Reply 4 (citing Ex. 1001, 2:67–3:2, 6:23–35)). However, Patent Owner’s shifting position regarding “substantially real time” is not commensurate with the plain reading of the term. Based on the plain meaning of “substantially real time,” we are persuaded by Petitioner that Yurt explicitly discloses transmitting data at least in “real time,” preferably “less than real time” or “a fraction of real time” for playback. Pet. Reply 9 (citing Ex.1005, code (57), 1:66–2:4, 4:68– 5:3 (teaching distributing “digital audio” in “less than real time” and in “a fraction of real time,” where the receiving system may “decompress in real time the requested material as it is distributed by transmission system 100”)).” slip op. at 36

    • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner

      “teaches or renders obvious all limitations of claim 1, Petitioner also provides sufficient motivation or reasoning with a rational underpinning to combine Yurt and Logan. Specifically, Petitioner, relying on Dr. Lippman’s declaration (Ex. 1003, ¶¶ 62–73), asserts “a POSITA would have been motivated to combine Yurt with Logan for several reasons, discussed further below. Combining Logan’s usage log teachings with Yurt’s improved audio file accessibility (e.g., via popularity) to track additional user request information would have been obvious, beneficial, and predictable.” Pet. 19 (citing Ex. 1003, ¶¶ 62–72). According to Petitioner, because “Logan teaches implementation details for tracking user/usage data for billing purposes and adapting preferences ‘based on actual usage,’” “[a] POSITA would have thus been motivated to combine Yurt’s teachings (e.g., tracking information about requested items like item popularity) with Logan’s teachings (e.g., storing user data and usage information in response to user requests).” Id. at 19–20. “This would have been merely the use of a known technique (Logan’s tracking of user and usage data in response to user requests) to improve a similar method in the same way (Yurt’s tracking of information about user-requested items).” Id. at 20 (citing Ex. 1003, ¶¶ 67– 68). According to Petitioner, [T]he combination is straightforward: use Logan’s known technique for recording user data with Yurt’s existing item database teachings. See Ex. 1005, 12:28–57, 10:66–11:4; Ex. 1006, 5:33–42, 6:27–35, 8:49–58; Pet. 19–23. Since Yurt already teaches using its item database to track item popularity and request information, no modification to Yurt’s architecture is necessary. Logan merely confirms when and how to store the user information. Pet. 19–21. A POSITA would have found the combination obvious for all the reasons Dr. Lippman provided. See, e.g., Ex.1003, ¶¶ 71–72.” slip op. at 58

    Patent outcomesUS 6,182,128 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · Graham
    Patents in suitUS 6,182,128
  • PTAB · Aug 26, 2026 · IPR2025-00700 · APJ Hung H Bui · IPR · Final written decision

    Claims 1–4, 6, 9–14, and 17 are unpatentable as obvious over Yurt and Logan; Petitioner’s motion to strike is denied.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Based on the record before us, we are unpersuaded that Patent Owner’s “proposed level of skill” is appropriate in this proceeding for reasons discussed below.” slip op. at 13

    • Expert testimonyPatent owner expert creditedDecided for patent owner

      “Under Petitioner’s proposed level of skill (which we adopted), Dr. McCulloh is indeed qualified to testify in this proceeding because he has a Ph.D. in Computer Science from Carnegie Mellon University and extensive experience, including “hands-on deployment and academic research in distributed systems operating under real-world constraints” (Ex. 2009, Ex. 2010). See Ex. 2010 (CV) (BSIE, MS Comp. Sci, PhD Comp. Sci, Lieutenant 1994-1999, 10th Mountain Division (“led the army’s first tactical deployment of a distributed computing system”)); Ex. 2009 ¶¶ 6–10. Although Dr. McCulloh’s declaration does not include any searching or analysis of patent literature including Yurt or Logan as part of his analysis of the “background” state of the art, as correctly recognized by Petitioner (Pet. Reply 7–8 (citing Ex. 1017, 74:18–75:14; Ex. 2009 ¶ 3)), we are persuaded that Dr. McCulloh is qualified to address Dr. Lippman’s portrayal of the architecture disclosed in the ’128 patent, as advanced by Patent Owner. Ex. 2009, ¶¶ 3, 5–34; Ex. 2010. Dr. McCulloh does not provide testimony to refute Petitioner’s obviousness analysis based on Yurt and Logan. See Ex. 2009. Mr. Johnson is only offered to refute Petitioner’s obviousness analysis based on Yurt and Logan. Ex. 2007 ¶¶ 3, 18, 29. Under Petitioner’s proposed level of skill (which we adopted), Mr. Johnson, who is a co-inventor of the ’128 patent, is qualified to testify in this proceeding, especially, when his declaration states that (1) he is a POSITA “with more than 30 years of experience building technology-driven media and contentdistribution systems” and (2) he “was actively involved in the development and deployment of digital music and video distribution technologies” since the mid-1990’s, including “real-time and near-real-time electronic delivery of media content.” Ex. 2007 ¶¶ 9–10, 14, 16. Certainly, “[t]he inventor himself may qualify as an expert and testify what his claims would mean in the relevant art.” Markman v. Westview Instruments, Inc., 52 F.3d 967, 991 (Fed. Cir. 1995). The fact that Johnson is a co-inventor is not in and of itself sufficient to discredit his testimony. “That an expert may have a bias or self-interest towards a party on whose behalf he or she is offering testimony, without more, generally does not require disqualifying the expert so long as the expert appears to be providing an objective analysis. Bias goes to the weight of the testimony, not necessarily its admissibility.” Apple, Inc. v. Motorola, Inc., 757 F. 3d 1286, 1321–22 (Fed. Cir. 2014). Nevertheless, the Board has broad discretion to assign weight to be accorded expert testimony. Yorkey v. Diab, 601 F.3d 1279, 1284 (Fed. Cir. 2010) (“[T]he Board was well within its discretion to give more credibility to [one expert over another] unless no” slip op. at 18

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Plain and ordinary meaningDecided for patent owner

      “Based on the record before us, we determine that neither Patent Owner’s proposed clarification nor an express construction of “substantially real time” is necessary for our proceeding. Plain Meaning of “Substantially Real Time” Instead, the plain meaning of “substantially real time” is readily apparent and understood by a person of skill (POSITA) in the art in the context of data distribution or transmission of the ’128 patent as referring to an acceptable time delay (i.e., “a fraction of real time”) between distribution center 18 and user device 12, via network 14, shown in Figures 1–2 of the ’128 patent and, as such, is consistent with the ‘128 patent’s specification and Dr. Lippman’s Declaration (Ex. 1003, ¶¶ 79, 126). Because the plain meaning of “substantially real time” as understood by a POSITA is readily apparent, there is no reason for the Board to consider Patent Owner’s clarification of “substantially real time” based solely on extrinsic evidence, i.e., counsel argument, Mr. Johnson’s declaration (Ex. 2007, ¶¶ 27, 29–30, 33, 39; Ex. 1018, 38:13–39:20) and Dr. McCulloh’s declaration (Ex. 2009, ¶ 19). For example, Patent Owner, relying upon Mr. Johnson’s testimony, clarifies the term “substantially real time” requires either (1) “playback while transmission is ongoing” (PO Resp. 30), or (2) “[a] coordinated system behavior in response to a user’s request” “in which a user request triggers coordinated operations, including locating content across distributed systems, routing that content, and initiating playback while transmission is ongoing” (PO Sur-Reply 4 (citing Ex. 1001, 2:67–3:2, 6:23–35)). However, Patent Owner’s shifting position regarding “substantially real time” is not commensurate with the plain reading of the term.” slip op. at 36

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)UnpatentableUnpatentable

      “Conclusion as to Claim 1 Petitioner has shown that (1) Yurt and Logan teach or suggest all the limitation of claim 1 and (2) reasons sufficiently existed with a rational underpinning to support the combination of Yurt and Logan.” slip op. at 63

    Patent outcomesUS 6,182,128 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · Graham
    Patents in suitUS 6,182,128
  • Anthony Inc. v. Controltec, LLCAll claims unpatentable
    PTAB · Aug 25, 2026 · IPR2025-00559 · APJ Barry L Grossman · IPR · Final written decision

    Claims 1–20 are unpatentable as obvious over the five asserted grounds based on Carter, Beatenbough, King, Gatling, and Kotani.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “We find unpersuasive Mr. Pollock’s testimony that we limit the level of ordinary skill to “refrigerated display cases” because defining the level of skill as an engineer with experience “working with refrigerated display cases” does not relate to the technology disclosed and claimed in the ’181 patent, which is controlling condensation and conserving energy. E.g., Ex. 1001, 2:17–21 (“The invention is proactive in preventing condensation temperature at frame and door surfaces is reached. Power is then cycled off at a set point above dew point to save energy.” (emphases added)). An electrical engineer with a bachelor’s degree and 2 years of experience focused on lighting systems for refrigerated display cases would have “experience working with refrigerated display cases,” and thus meet Patent Owner’s proposed level of skill. Such a person, however, would not be experienced in controlling condensation, dew point sensor positioning, and condensation algorithm design, which is the focus of the disclosed and claimed invention, and which Mr. Pollock states “materially affect performance, energy use, and reliability” in controlling condensation in a refrigerated display case. Ex. 2014 ¶ 11. We also note that Mr. Pollock’s qualifications are a “B.S. in Mechanical Engineering, cum laude, from Drexel University (1998), with focus on thermal and mechanical systems, thermodynamics, and HVAC&R (Heating, Ventilation, Air Conditioning & Refrigeration).” Ex. 2014 ¶ 3. Accordingly, based on the prior art, the sophistication of the disclosed technology in the ’181 patent, finding Mr. Pollock’s testimony on this issue too general, and crediting Dr. Henze’s testimony with substantial probative weight, we adopt Petitioner’s definition of the level of ordinary skill. We modify it to state that more academic training will offset less experience, and more experience will offset less academic training, as did Dr. Henze (Ex. 1003 ¶ 31). Thus, in this proceeding a person of ordinary skill would have a bachelor’s degree in mechanical engineering, electrical engineering, or a comparable field and at least three to five years of professional experience working with heating, ventilating, air conditioning, and refrigeration” slip op. at 16

    • Expert testimonyPetitioner expert creditedDecided for petitioner

      “The fundamental role of expert testimony is that “the expert’s scientific, technical, or other specialized knowledge will help the trier of fact [here, the Board] to understand the evidence or to determine a fact in issue.” Fed. R. Evid. 702(a). The testimony must be “based on sufficient facts or data” (id. at 702(b)); must be “the product of reliable principles and methods” (id. at 702(c)); and must reflect “a reliable application of the principles and methods to the facts of the case” (id. at 702(d)). We determine, based on the record before us, that Dr. Henze’s Declaration testimony meets these requirements. He provides, as required, the facts and data to support his testimony. Indeed, Federal Rule of Evidence 702 and the Code of Federal Regulations require him to do so. See 37 C.F.R. § 42.65(a) (“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.”). Expert testimony that “merely repeats, verbatim, the conclusory assertion for which it is offered to support,” or that “does not cite to any additional supporting evidence or provide any technical reasoning to support” the testimony is entitled to little weight. Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9, 15 (PTAB Aug. 24, 2022) (Precedential) (emphasis added).” slip op. at 31

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached

      “The Board is required to construe ‘only those terms that . . . are in controversy, and only to the extent necessary to resolve the controversy.’” Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019) (quoting Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999)). Here, whether the preamble is or is not limiting is not argued by Petitioner. Moreover, whether the preamble is or is not limiting is not necessary to resolve this controversy because it would not affect the outcome of this case. 2. “Adapted for” Patent Owner asserts that the term “adapted for” in independent claims 1 and 8 has its “plain and ordinary meaning.” Id. at 14. Patent Owner does not, however, provide us with a specific identification of what is the “plain and ordinary” meaning. Petitioner does not address a specific construction for this term. Thus, it is not in controversy and we need not specifically construe this term. slip op. at 21

    • Obviousness (§103) › Analogous artAnalogous artDecided for petitioner

      “only when it is analogous to the claimed invention. In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004) (“References within the statutory terms of 35 U.S.C. § 102 qualify as prior art for an obviousness determination only when analogous to the claimed invention.” (citing In re Clay, 966 F.2d 656, 658 (Fed. Cir. 1992))). The Federal Circuit has laid out two separate tests to determine whether a reference is analogous art to the claimed invention, i.e., whether one of ordinary skill in the art would even look to the teachings of that reference. In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004). These two tests are: “(1) whether the art is from the same field of [the inventor’s] endeavor” and “(2) if the reference is not within the field of the inventor’s endeavor, whether the reference still is reasonably pertinent to the particular problem with which the inventor is involved.” Id.; see also Netflix, Inc. v. DivX, LLC, 80 F.4th 1352, 1359 (Fed. Cir. 2023) (“Importantly, ‘the scope of any field of endeavor will vary with the factual description of each invention.’ Unlike the reasonable-pertinence test, the field-of-endeavor test does not look to the problem that the patent purports to address. It is enough that the prior art reference falls within the relevant field of endeavor of the patent-in-suit.”) (citations omitted); Unwired Planet, LLC v. Google Inc., 841 F.3d 995, 1001 (Fed. Cir. 2016) (“To determine if art is analogous, we look to ‘the purposes of both the invention and the prior art.’ If a reference disclosure and the claimed invention have a same purpose, the reference” slip op. at 42

    Patent outcomesUS 7,207,181 unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 7,207,181
  • PTAB · Jul 1, 2026 · IPR2025-00222 · APJ Frederick C Laney · IPR · Final written decision

    Claims 1, 2, 4, 5, 8–11, 13, and 14 are unpatentable over Yu and Miyazaki; claims 15, 16, and 19 were not shown unpatentable over Matsushima.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Petitioner contends that a person of ordinary skill in the art “at, and before, the earliest claimed priority date of the ’158 patent . . . would have had a bachelor’s degree in electrical engineering, computer engineering, computer science, or a related field and 2–3 years of experience in digital imaging systems,” adding that “[l]ess experience may be sufficient with additional education, and likewise, less education may be sufficient with additional work experience.” Pet. 6–7 (citing Ex. 1003 ¶¶ 16–18). Patent Owner does not offer a competing definition or dispute Petitioner's articulation. Based on the entire record, we adopt Petitioner’s characterization of the level of skill for one of ordinary skill in the art because that characterization, we find, is consistent with the ’158 patent and the asserted prior art.” slip op. at 9

    • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownOther

      “We determine that the claims require a per-channel determination of integration time—that is, an integration time arrived at for each sensor or channel individually—and cannot be satisfied by a single global value merely applied uniformly across the sensors. We do not, however, read the independent claims to require that the per-channel integration times differ from one another.” slip op. at 11

    • Claim Construction › Intrinsic evidence (Phillips canons) › Lexicography (patentee as own lexicographer)Term construed board ownDecided for patent owner

      “We adopt the definition clearly and unambiguously set forth in the specification, which was likewise adopted by the Court in the related litigation. See Pet. 7–8, 55; Pet. Reply 1–2 (district court construing the term to mean “the time the image sensor collects and integrates signal from the scene”). The specification states that the integrated photo-charge “is directly related to the time the image sensor collects and integrates signal from the scene,” and that “[t]his is known as integration time.” Ex. 1001, 4:4–7. Accordingly, the ’158 patent demonstrates that the inventors indisputably acted as a lexicographer for the term “integration time.”” slip op. at 13

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Term construed board ownOther

      “We construe “during a frame” to mean the period during which data for a single frame of an image is captured. The limitation is satisfied where the per-channel integration time is effectuated during the frame; it does not require that the integration time be re-determined mid-frame, nor does it require actuation of a “charge integration switch.” The specification’s only use of the phrase confirms this reading: “each camera channel is controlled during a frame under an independent integration time.” Ex. 1001, 3:45–50. Consistent with that usage, the specification describes selecting an integration time for each channel and then integrating the photo-signal “within a single frame of data,” and describes placing the charge-integration switch in a state to allow charge to accumulate for the selected period and then transferring the accumulated charge upon completion of the integration period. Id. at 4:51–54, 11:3–18. We decline Patent Owner’s proposal to require in-frame actuation of a charge-integration switch, for the same reason we decline to import that structure into “integration time.” We also decline to read the phrase to require mid-frame re-determination of the integration time, because the patent’s own embodiment selects an integration time and then integrates charge during the frame under that selected time. Ex. 1001, 4:51–54, 11:3– 18. So construed, “during a frame” is not redundant of the independentclaim limitation: it adds that the per-channel control occurs within a single frame (intrascene), as distinct from adjustment from one frame to the next (interscene).” slip op. at 15

    Patent outcomesUS 9,232,158 mixed
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 9,232,158
  • PTAB · Dec 10, 2025 · IPR2024-01186 · APJ Brian D Range · IPR · Final written decision

    Claims 1–20 were not shown unpatentable because Kwatra does not teach or suggest minimizing rotational velocity and acceleration as required by the claims.

    RulingsFinal written decision
    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Petitioner contends that a person of ordinary skill in the art (POSITA) would have the following characteristics: “a bachelor’s degree in engineering or computer science, or equivalent field, and two years of experience working on image or video processing or digital cameras.” Pet. 6 (citing Ex. 1002 ¶¶ 36–37). Petitioner states that, “[a]lternatively, a POSITA would have four years of experience working on image or video processing 6 Patent Owner asserts objective evidence of nonobviousness. Prelim. Resp. 19–27. or digital cameras.” Id. Petitioner further contends “[a]n advanced graduate degree in the disciplines cited above may make up for the work experience indicated above.” Id. Patent Owner does not dispute the level of ordinary skill in the art. Prelim Resp. 14–15. For purposes of this Decision, we adopt Petitioner’s proposal as reasonable and consistent with the ’894 patent specification and the prior art. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (the prior art may reflect an appropriate level of skill in the art).” slip op. at 10

    • Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for patent owner

      “Petitioner “does not believe any terms require a formal construction.” Pet. 6. Patent Owner agrees “no claim terms presently require construction to resolve any current dispute between the parties.” PO Resp. 15. We do not discern a need to construe explicitly any claim language at this juncture because doing so would have no effect on our analyses below of Petitioner’s asserted grounds and will not assist in resolving the present controversy between the parties. 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 11

    • Obviousness (§103) › Graham factors (scope of art, differences, level of skill)Not shown unpatentableNot shown unpatentable

      “Kwatra teaches, at Equation 7, minimizing velocity and acceleration of a function representing camera path (P). FF ¶¶ 6, 8–9. Kwatra does not state that this camera path function considers rotation. Rather, the words “camera path” suggest x, y, z movement of the camera rather than rotation of the camera. Dr. Foroosh’s testimony that Kwatra’s minimization of a smoothed camera path does not result in minimizing rotational velocity and acceleration is credible because this testimony is consistent with Kwatra as a whole and consistent with the other evidence of record. Id. ¶ 10. Kwatra recognizes that image rotation angle (“θ”) may not remain smooth. Id. ¶ 12. But rather than attempting to minimize velocity and acceleration of rotation of the camera housing, Kwatra states that applying a smoothness constraint on rotation angle “may be non-linear.” Id. ¶ 13. Consistent with Kwatra, Dr. Foroosh credibly explains the difficulty of applying linear techniques to rotation. Id. Thus, Kwatra proposes instead constraining the sine and cosine of theta. Id. ¶ 14. The Kwatra provisional application is part of the Kwatra reference (id. ¶ 15), and it similarly opts for simpler schemes rather than estimating all parameters for all frames jointly. Id. ¶ 16. The provisional explains that the rotational component is relatively small such that non-linear computations minimizing velocity and rotation can be avoided. Id. ¶¶ 17–18. The testimony of Patent Owner’s witness, Dr. Foroosh, explaining the provisional is credible (Ex. 2018 ¶ 72) because it is consistent with Kwatra’s complete disclosure. Dr. Foroosh’s testimony is more credible than the testimony of Petitioner’s witness, Dr. Katsaggelos, because Dr. Katsaggelos did not review the Kwatra provisional application and, thus, did not review the entire disclosure of Kwatra. Id. ¶ 19; see also In re Etter, 756 F.2d 852, 859 (Fed. Cir. 1985) (en banc) (obviousness analysis considers whether “the claimed inventions are rendered obvious by the teachings of the prior art as a whole” (emphasis added)).” slip op. at 28

    • Expert testimonyPatent owner expert creditedPetitioner expert discountedDecided for patent owner

      “(id. ¶ 15), and it similarly opts for simpler schemes rather than estimating all parameters for all frames jointly. Id. ¶ 16. The provisional explains that the rotational component is relatively small such that non-linear computations minimizing velocity and rotation can be avoided. Id. ¶¶ 17–18. The testimony of Patent Owner’s witness, Dr. Foroosh, explaining the provisional is credible (Ex. 2018 ¶ 72) because it is consistent with Kwatra’s complete disclosure. Dr. Foroosh’s testimony is more credible than the testimony of Petitioner’s witness, Dr. Katsaggelos, because Dr. Katsaggelos did not review the Kwatra provisional application and, thus, did not review the entire disclosure of Kwatra. Id. ¶ 19; see also In re Etter, 756 F.2d 852, 859 (Fed. Cir. 1985) (en banc) (obviousness analysis considers whether “the claimed inventions are rendered obvious by the teachings of the prior art as a whole” (emphasis added)).” slip op. at 28

    Patent outcomesUS 10,574,894 not shown unpatentable
    Claim construction§ 103 obviousnesscites KSR · Graham
    Patents in suitUS 10,574,894
  • PTAB · Dec 2, 2025 · IPR2025-00894 · APJ Scott A Daniels · IPR · Institution

    The Board instituted IPR on claims 1–20 and all petitioned grounds, finding a reasonable likelihood that Yeo and TS36 render at least claim 1 obvious.

    RulingsInstitution decision
    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “unless . . . there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” Upon consideration of the arguments and evidence presented by Petitioner and Patent Owner, we are persuaded that Petitioner has demonstrated a reasonable likelihood that it would prevail in showing the unpatentability of at least one of the challenged claims. See 35 U.S.C. § 314(a). Accordingly, we institute an inter partes review of the challenged claims. slip op. at 2

    • Skill levelSkill level petitioner adoptedDecided for petitioner

      “Patent Owner does not dispute Petitioner’s proposed level of ordinary skill in the art stating that “[f]or the purposes of this Preliminary Response only, Patent Owner utilizes Petitioner’s proposed level of skill in the art.” Prelim. Resp. 2. On this record, Petitioner’s proposed level of ordinary skill in the art is not disputed and is consistent with our review and understanding of the technology and descriptions in the ’767 patent and the asserted prior art references. Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). For purposes of this Decision, we rely on Petitioner’s proposed level of ordinary skill in the art.” slip op. at 9

    • Claim Construction › Functional claiming / §112(f) means-plus-function › Whether §112(f) applies (Williamson, nonce words)No construction neededNot reached

      “under 112(f) pointing out the respective functions and structure disclosed in the ’767 patent specification. Pet. 18–20. Patent Owner does not dispute the construction of these terms, stating only “that claim construction is not required to resolve any issues.” PO Resp. 2 (citing Pet. 18–20). Where there is no dispute and our Decision does not turn on any particular construction of these terms, we need not decide at this point whether “receiver module” and “transmitter module” invoke means-plus-function under 112(f). Pet. 13; Prelim. Resp. 5. And, because there is no dispute, we conclude that no express interpretation of any claim term is necessary to determine whether to institute an inter partes review in this proceeding. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017) (“[W]e need only construe terms ‘that are in controversy, and only to the extent necessary to resolve the” slip op. at 10

    • BurdenInstituted

      “In an [inter partes review], the petitioner has the burden from the onset to show with particularity why the patent it challenges is unpatentable.” Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1889, 1363 (Fed. Cir. 2016) (citing 35 U.S.C. § 312(a)(3) (requiring inter partes review petitions to identify “with particularity . . . the evidence that supports the grounds for the challenge to each claim”)). This burden of persuasion never shifts to Patent Owner. See Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015) (discussing the burden of proof in inter partes review). slip op. at 8

    Claim construction§ 103 obviousnesscites KSR · Graham
    Patents in suitUS 10,462,767
  • PTAB · Nov 25, 2025 · IPR2024-01165 · APJ William V Saindon · IPR · Final written decision

    Claims 1–21 were not shown unpatentable because Zhou does not teach the claimed low-light high-pass or stickiness parameter limitations.

    RulingsFinal written decision
    • BurdenFwd all claims patentableNot shown unpatentable

      “4. Conclusion for the Prior Art Analysis In sum, we find that Zhou does not disclose the low-light high-pass parameter or the stickiness parameter. Petitioner’s grounds for both independent claims 1 and 16 rely on Zhou for teaching a low-light high-pass parameter or a stickiness parameter. Pet. 23–28, 64. Because we find Zhou does not teach these limitations, all of Petitioner’s grounds fall for this reason. III. CONCLUSION For the reasons given above, we determine that Petitioner has not established by a preponderance of the evidence that any claim of the ’840 patent would have been obvious in view of the prior art cited.” slip op. at 18

    • Skill levelSkill level petitioner adoptedOther

      “A person of ordinary skill in the art (POSITA) in the field of the ’840 patent would have a bachelor’s degree in engineering or computer science, or equivalent field, and two years of experience working on image or video processing, or digital cameras. Alternatively, a POSITA would have four years of experience working on image or video processing, or digital cameras. An advanced graduate degree in the disciplines cited above may make up for the work experience indicated above. Pet. 6 (citing Ex. 1002 ¶ 32). Patent Owner applies the same standard. PO Resp. 26–27. We use this agreed-upon standard for purposes of this Decision.” slip op. at 7

    • Expert testimonyPatent owner expert creditedPetitioner expert discountedDecided for patent owner

      “We review this testimony based on the strength of the underlying factual basis. 37 C.F.R. § 42.65(a); Ashland Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d 281, 294 (Fed. Cir. 1985) (“Lack of factual support for expert opinion going to factual determinations, however, may render the testimony of little probative value . . ..”). Here, the underlying factual basis is not very strong for either witness. That said, we find that Dr. Foroosh’s testimony is more logically sound and consistent with the ’840 patent disclosure. Based on our reading of the specification, we find a clear indication that “stickiness” has to do with the past. In order to control “the extent by which preceding portion(s) . . . impacts determination of the smoothed trajectory” (emphasis added), one must control the degree by which the past frames impact determination. And to control the degree of the past’s influence, one must, as a consequence, favor the past over the future. That is, the frame of reference of the stickiness parameter is the past. The specification could have used a time-agnostic term, like a “nearness” or “adjacency” parameter, but it did not. Thus, the fact that “stickiness” is used in conjunction with “preceding” indicates that it deals with a preference for preceding frames. On this basis, we find Dr. Katsaggelos’s testimony less persuasive than Dr. Foroosh’s.” slip op. at 10

    • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for patent owner

      “That said, we do not construe a stickiness parameter as prohibiting consideration of future frames. Instead, we determine that the stickiness parameter’s value determines the impact of the preceding portions, versus the following portions. The ’840 patent recognizes this, when it says that a stickiness parameter value of “1,” representing a “lazy” stabilizer that maximally favors the past, would not override a violation of the margin constraint based on the look-ahead (i.e., would not allow the viewing window to fall out of bounds in the event of large future motion). See Ex. 1001, 22:26–30; see also id. at 12:61–13:29 (acknowledging that favoring the past may lead to a conflict with the viewing window determination), 15:39–60 (adjusting the viewing window to ensure it does not violate a margin constraint). Thus, while a past-favoring parameter by necessity favors the past over the future, it does not prohibit consideration of the future. In view of the above, we construe the claimed “stickiness parameter” as a parameter that controls the extent by which preceding portions of the trajectory impacts determination of the smoothed trajectory, with an understanding that in order to favor preceding portions, to some extent, the parameter must relatively disfavor following portions.” slip op. at 10

    Patent outcomesUS 10,958,840 not shown unpatentable
    Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
    Patents in suitUS 10,958,840
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