- Shenzhen Tuozhu Technology Co., Ltd. v. Stratasys, Inc.All claims unpatentablePTAB · 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 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,886,774 - Google LLC v. Brodti Inc.All claims unpatentablePTAB · Jun 30, 2026 · IPR2025-00472 · APJ Stephen E Belisle · IPR · Final written decision
Claims 1–20 are unpatentable as obvious under § 103 over Nicholas, Laidlaw, Mayadas, and Error, with Yasnovsky added for claims 7, 8, 16, 17, and 20.
RulingsFinal written decision- Skill levelSkill level patent owner adoptedDecided for patent owner
“Petitioner’s and Patent Owner’s definitions for the level of ordinary skill in the art are substantially similar. In light of the record before us, we adopt Patent Owner’s proposal regarding the level of ordinary skill in the art. Based on our review of the ’898 patent and the prior art of record, we determine that the definition offered by Patent Owner comports with the qualifications a person would have needed to understand and implement the teachings of the ’898 patent and the prior art, particularly experience pertaining to Internet/web interfaces and web-based media. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (explaining that specific findings regarding ordinary skill level are not required “where the prior art itself reflects an appropriate level and a need for testimony is not shown”) (quoting Litton Indus. Prods., Inc. v. Solid State Sys. Corp., 755 F.2d 158, 163 (Fed. Cir. 1985)). Neither party argues, nor do we determine, that the outcome of our Decision depends on which party’s definition is selected.” slip op. at 11
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“includ[e] a server and one or more webpages that may be provided by the server for display in a web browser.” Pet. Reply 5 (citing Ex. 1026 ¶¶ 13–15). Petitioner argues, and we agree, that the Specification strongly supports this construction (requiring a server and webpage(s)) by describing a “website” as synonymous with a server computer system: “The WWW [(World Wide Web)] service allows a server computer system (i.e., Web server or Web site) to send graphical Web pages or screens of information such as the advertising materials to a remote client computer system 10.” Ex. 1001, 3:66–4:2 (emphases added); see id. at Fig. 1 (depicting a service engine and webpages as a web server, i.e., website), 3:15–18 (describing Figure 1 as showing “a server of the website” (emphasis added)); Pet. Reply 5; see Ex. 1026 ¶ 13. Petitioner also submits a supporting (and persuasive) contemporaneous technical dictionary definition of “website,” which highlights the distinction between a lay person’s understanding of the term versus that of the relevant artisan. Pet. Reply 5–6. This definition explains that the “common but technically inaccurate” usage of “website” is to mean “Web page,” but the technically correct usage of “website” is to mean “one or more computers that are associated with a fully qualified domain name and make content available on the Web.” Id. (citing Ex. 1028, 402). Petitioner’s expert, Dr. Crovella, likewise testifies that “[a] website cannot exist without the server or computer that provides its webpages.” Ex. 1026 ¶ 15; see Ex. 1027, 36:8–20 (Patent Owner’s expert, Dr. Myler, agreeing that “it has to be some machine somewhere that’s providing the webpages for the website.”). The limitations of claim 1 also support Petitioner’s position that “website” includes a server and webpage(s). Reply 5. For example, claim 1 recites advertising material for “populat[ing] on one or more websites,” and selected “advertising buy options comprise at least one website of the respective websites.” Ex. 1001, 10:29–51 (emphases added). We find these limitations make the most technical sense where “website” implicates an Internet domain or domain name, such as brodti.com, which itself is a computer system (server) and associated webpage(s) reached via that domain name. This interpretation aligns with testimony of Patent Owner’s expert, Dr. Myler, in which he states that a “website” describes “a group of webpages at a particular domain (e.g., www.espn.com, www.espn.com/nba, www.espn.com/nfl, www.espn.com/nhl).” Ex. 2009 ¶ 68 (emphasis in italics added). In other words, brodti.com and espn.com are two different websites, with each website having one or more webpages (e.g., www.espn.com/nba, www.espn.com/nfl), and such websites include a server giving life to such webpage(s). slip op. at 15
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededDecided for petitioner
“Patent Owner proffers that placing advertising material “within” web property content means “inserting” an advertisement into particular content. PO Resp. 12. Petitioner responds that “placing . . . within” means what it says, and notes that “[t]he words ‘insert’ or ‘inserting’ appear nowhere in the [Specification].” Pet. Reply 7–8; see id. at 8 (Petitioner arguing that Patent Owner’s expert “admitted that the claim does not specify details regarding how advertising material needs to be placed within web property content.” (citing Ex. 1027, 29:18–24)). Patent Owner replies that the relevant artisan allegedly “would have understood ‘placing . . . within’ to mean ‘inserting into,’” but then submits that whether “placing . . . within” versus “inserting into” is used does not matter because Petitioner allegedly has not demonstrated the obviousness of either. PO Sur-reply 17. As Petitioner observes, “[i]t is unclear if Patent Owner intended any difference in meaning between these two terms.” Pet. Reply 8. Accordingly, based on the complete record before us, we determine that no further construction of this limitation is needed, and “placing A within B” means what it says—“placing A within B.”” slip op. at 20
- Expert testimonyPetitioner expert creditedOther
“determining” of impression validity feature of limitation 1[h] by disclosing “a ‘single-pixel’ image technique for determining that an impression is valid,” e.g., by using “cookies.” Pet. 42–45. Petitioner’s expert, Dr. Crovella, testifies that this “single-pixel” impression tracking technique would have been a “well-known” technique to the relevant artisan, and as described by Error, operates as follows: [A] URL link for a single pixel (or transparent) image file is embedded onto a webpage that is delivered to a web browser. The image is not meant to be viewed and will likely not be visible to the user. After the user’s browser receives the webpage, it uses the embedded URL link to request the single-pixel image from a server. The receipt of that request by the server provides an indication that the user’s web browser actually received and presented the web page to the user. Ex. 1002 ¶ 133 (citing Ex. 1007, 1:36–54, 2:6–21); see id. at ¶¶ 132–139. slip op. at 43
Patent outcomesUS 11,416,898 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 11,416,898 - Motorola Mobility LLC / Google LLC v. Multifold International Incorporated Pte. Ltd.All claims unpatentablePTAB · May 15, 2026 · IPR2025-00038 · APJ Kristen L Droesch · IPR · Final written decision
Claims 1–7, 10–13, 16, 17, 19, and 20 are unpatentable as obvious over Chin; the Board did not find them anticipated by Chin or Whitehorn.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“B. Level of Ordinary Skill in the Art Petitioner asserts that [a] person of ordinary skill in the art . . . (‘POSITA’) would have had at least a bachelor’s degree in electrical engineering, computer engineering, computer science, or a related field plus at least two years of work or post-graduate experience in image capture, image processing, image display, user interfaces, or a related field. Additional education could offset a lesser amount of experience and vice versa. Pet. 16. Patent Owner accepts Petitioner’s definition. See PO Resp. 25. We adopt Petitioner’s undisputed definition of a person of ordinary skill in the art because it is consistent with the level of skill reflected by the ’842 Patent Specification and the asserted prior art.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededNot reached
“We agree with Petitioner that claim construction is unnecessary. As demonstrated in the analysis provided below addressing this claim limitation in view of the prior art, we need not explicitly construe “wherein in each image capture mode a display on the first or second screen is different.” 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))). Similarly, we need not construe any other claim terms or phrases to resolve the controversy between the parties.” slip op. at 9
- Strike new argumentNew argument disregardedDecided for patent owner
“We agree with Patent Owner that Petitioner’s arguments relying on Kennametal are belated. A “[p]etitioner may not submit new evidence or argument in reply that it could have presented earlier, e.g. to make out a prima facie case of unpatentability.” Patent Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019)6 at II.I. Thus, we need not consider Petitioner’s belated argument raised for the first time in the Reply. In any event, we agree that Kenneametal is inapplicable for the purpose of supplying a claim limitation missing from Chin’s disclosure. See Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 851 F.3d 1270, 1274 (Fed. Cir. 2017) (“Kennametal does not stand for the proposition that a reference missing a limitation can anticipate a claim if a skilled artisan viewing the reference would ‘at once envisage’ the missing limitation.”). Chin’s disclosure is silent regarding what is or is not displayed on first display 51 when images are displayed on second display 52 in self-photographing mode, and similarly silent regarding what is or is not 6 Available at www.uspto.gov/patents/ptab/trial-practice-guide. displayed on second display 52 when images are displayed on first display 51 in outward-facing mode. See generally Ex. 1004.” slip op. at 18
- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element) › Inherent disclosureInherency not foundNot shown unpatentableNot shown unpatentable
“We agree with Patent Owner that the theory of inherency was not raised in the Petition and is therefore waived. Compare Pet. 29–33, with Pet. Reply 11–15. In any event, we also agree that Petitioner’s speculation regarding the disclosure of Chin is insufficient to support a theory of inherency. See Pet. Reply 11–15. As explained above, Chin’s disclosure is silent regarding what is or is not displayed on first display 51 when images are displayed on second display 52 in self-photographing mode, and similarly silent regarding what is or is not displayed on second display 52 when images are displayed on first display 51 in outward-facing mode. See Ex. 1004. Speculation regarding the possibilities and probabilities of what is displayed on first display 51 in self-photographing mode, and what is displayed on second display 52 in outward-facing mode are insufficient to establish inherency. See In re Robertson, 169 F.3d at 745. For the forgoing reasons and based on the entire record developed during trial, the preponderance of the evidence does not support Petitioner’s showing that Chin discloses “wherein in each image capture mode a display on the first or second screen is different.” Accordingly, based on the entire record developed during trial the preponderance of the evidence does not support Petitioner’s showing that Chin anticipates claim 1.” slip op. at 20
Patent outcomesUS 8,836,842 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 8,836,842 - Motorola Mobility LLC / Google LLC v. Multifold International Incorporated Pte. Ltd.All claims unpatentablePTAB · Apr 28, 2026 · IPR2025-00040 · APJ Brian P Murphy · IPR · Final written decision
Claims 1–9 are unpatentable: claims 1–4 and 6–9 as anticipated or obvious over the asserted references, and claim 5 as obvious over Yook or Yook in view of Purcell.
RulingsFinal written decision- BurdenDecided for petitioner
“We disagree with Patent Owner’s argument because the Petition presents argument and evidence that substantively demonstrates, with clarity and particularity, how and why each reference discloses, teaches, suggests, or otherwise renders obvious the displaying element recited in limitation 1[B]. We agree with Petitioner that “Patent Owner neglects to address the actual substance of the Petition, which clearly addresses this limitation with respect to each reference.” Reply 1–2. The Petition addresses in detail how each asserted reference discloses displaying two applications on two separate displays in accordance with the displaying element, by presenting multiple annotated figures from Yook, Lee, Aguilar, and Purcell. Pet. 27–30, 47–50, 62–63, 77–78. The Petition also cites and quotes the accompanying descriptions for the annotated figures from each prior art reference as well as explanatory expert opinion testimony from Dr. Rodriguez. Id. (citing Rodriguez Decl. Ex. 1003 ¶¶ 70–74, 119–122, 149–150, 182–183; Yook Ex. 1004 ¶¶ 47, 51, 58, 96–101, Figs. 4b, 4d, 5; Lee Ex. 1005 ¶¶ 48–53, Figs. 4, 6, 9, 10; Aguilar Ex. 1006, 7:1–7, Figs. 5–5d; Purcell Ex. 1007 ¶ 16, Fig. 2). We provide detailed examples below of how the Petition maps Yook and Lee onto the displaying element of limitation 1[B] in compliance with the particularity requirement of 35 U.S.C. § 312(a)(3); 37 C.F.R. § 42.104(b)(4). Although we do not provide detailed examples directed to Aguilar and Purcell, we find the Petition maps Aguilar and Purcell onto the displaying element of limitation 1[B] in compliance with the particularity requirement of 35 U.S.C. § 312(a)(3) and 37 C.F.R. § 42.104(b)(4).” slip op. at 14
- Strike new argumentNew argument disregardedDecided for petitioner
“Instead, Patent Owner chose to raise an entirely new theory of patentability. Sur-Reply 3–13; Tr. 28:8–20. Patent Owner’s new theory is based on a claim construction that construes claim 1 of the ’756 patent as “recit[ing] a specific order of steps that must be performed in the order written.” Id. at 3–4. “Because of this order, the [displaying element] must occur after both (two) ‘selecting’ steps,” and Patent Owner contends none of the prior art references asserted in the Petition “meets the order required by claim 1.” Id. at 4. We will not consider Patent Owner’s new theory of patentability raised for the first time in its Sur-Reply. See Apple Inc. v. e-Watch, Inc., IPR2015-00412, Paper 50, 44 (PTAB May 6, 2016) (“‘Respond,’ in the context of 37 C.F.R. § 42.23(b), does not mean embark in a new direction with a new approach”); see also Optivus Tech., Inc. v. Ion Beam Appl’ns S.A., 469 F.3d 978, 989 (Fed. Cir. 2006) (argument raised for the first time in the reply brief, which could have been raised in the opening brief, is waived). Patent Owner should have raised its “specific order of steps” argument in the Response. By failing to do so, Patent Owner has waived the argument. Id.” slip op. at 22
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“Third, we are further persuaded by Dr. Surati’s testimony that the wave shape visual indicator depicted in Figures 10A–C of the ’756 patent indicates that a user can do something, but not necessarily what that something is (e.g., minimizing or maximizing). Id. at 17 (citing Ex. 1012, 200:1–6). It is telling that Dr. Surati testified that only through repeated use and exposure would a user recognize a relationship between a wave shape and the functions of maximizing or minimizing an application. Id. (citing Ex. 1012, 197:13–199:22). We are also persuaded by Dr. Rodriguez’s testimony regarding the teachings of Yook: Yook therefore teaches giving users the ability to transition a split-screen application back into full screen mode. Further, a POSITA would have understood that this ability would undoubtedly be implemented in the form of a visual indicator, which, from the 2000s to today, is the industry’s universal method of alerting a user to an accessible function. . . . Ex. 1003 ¶ 107 (emphasis added); For claim 5, Yook discloses many different types of “icons” that are used to receive user gesture inputs. See, e.g., Figs. 1, 4e, 5a, 5c, 5d, 6, 7a, 7b, 7c, 8, 9, 10, 11, 12, 13. Examples of these icons are displayed below: Id. ¶ 108; and A POSITA would have understood that Yook’s icons can have a wave shape because the shape taken by a visual indicator, or icon, is merely a matter of common and routine design choice. Indeed, the shape of an icon does not affect its function or how a gesture input is received. Id. ¶ 109 (emphasis added). In short, we are persuaded Petitioner has established by a preponderance of the evidence that a displayed visual indicator that “has a wave shape” is a design choice not affecting the function of the visual indicator, and a visual indicator that “has a wave shape” would have been an obvious design choice to a POSITA in view of Yook.” slip op. at 30
- Skill levelSkill level board ownDecided for petitioner
“In determining the level of ordinary skill in the art, various factors may be considered, including the “type of problems encountered in the art; prior art solutions to those problems; rapidity with which innovations are made; sophistication of the technology; and educational level of active workers in the field.” In re GPAC, Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (citing Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 962 (Fed. Cir. 1986)). “These factors are not exhaustive but are merely a guide to determining the level of ordinary skill in the art.” Daiichi Sankyo Co. v. Apotex, Inc., 501 F.3d 1254, 1256 (Fed. Cir. 2007). There is uncontested evidence in the record before us that reflects the knowledge and experience of a POSITA. We adopt the parties’ agreed level of ordinary skill in the art, which is consistent with the description in the ’756 patent and the prior art of record.” slip op. at 9
Patent outcomesUS 9,134,756 unpatentableClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 9,134,756 - Google LLC / Motorola Mobility LLC v. Multifold International Incorporated Pte. Ltd.All claims unpatentablePTAB · Apr 7, 2026 · IPR2025-00059 · APJ Hyun J Jung · IPR · Final written decision
Claims 1–3, 5–9, 15, 16, 19, and 20 are unpatentable as obvious over the asserted combinations of Yook, Bauer, and Lee.
RulingsFinal written decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Petitioner filed a Petition (Paper 1, “Pet.”) requesting institution of an inter partes review of claims 1–3, 5–9, 15, 16, 19, and 20 of the ’135 patent. Multifold International Incorporated Pte. Ltd. (“Patent Owner”) filed a Preliminary Response. Paper 7 (“Prelim. Resp.”). Pursuant to 35 U.S.C. § 314, we instituted an inter partes review of claims 1–3, 5–9, 15, 16, 19, and 20 of the ’135 patent on all presented challenges. Paper 8 (“Inst. Dec.”), 2, 23.” slip op. at 2
- Skill levelDecided for petitioner
“B. Level of Ordinary Skill in the Art” slip op. at 8
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentable
“D. Asserted Obviousness Based on Yook 1. Yook (Ex. 1005) Yook relates particularly “to a method and mobile terminal that can divide the screen into individual divided screen areas and simultaneously present user functions on the individual divided screen areas.” Ex. 1005 ¶ 3. Reproduced below are Figures 1 and 2 of Yook. Figure 1 “illustrates an external appearance of a mobile terminal,” and Figure 2 “is an illustration of an exemplary block diagram of the mobile terminal” shown in Figure 1. Ex. 1005 ¶¶ 11, 12. Mobile terminal 100 includes touch screen 140, control unit 160, and storage unit 150, as well as radio frequency unit 110, input unit 120, and audio processing unit 130. Id. ¶ 25. Touch screen 140 includes display unit 141 and touch panel 143 that can be arranged in front of display unit 141. Id. ¶ 30. Mobile unit 100 can activate a screen management program stored in storage unit 150 “in response to a user request,” and control unit 160 can cause display unit 141 to divide the screen into several divided screen areas and output functional view areas related to user functions to the individual divided screen areas. Ex. 1005 ¶¶ 26, 31, 37. Also, “[t]he screen area management program can be loaded on the control unit 160 in response to program may include:” slip op. at 10
Patent outcomesUS 9,141,135 unpatentable§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 9,141,135 - PTAB · Jan 14, 2026 · IPR2025-00632 · APJ Mitchell G Weatherly · IPR · Remand
On remand, the Board reinstituted review of all challenged claims on all grounds after finding Petitioner sufficiently explained its differing claim-construction positions.
RulingsRemand decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Id. The Director neither addressed the merits of Petitioner’s challenges nor found that our prior consideration of those merits was faulty. Accordingly, we understand that we need not reconsider our conclusion that Petitioner had demonstrated a reasonable likelihood of proving that claims 1, 2, 7–9, 11, 12, and 20–24 were unpatentable or that the merits of patentability set forth in the Petition warranted institution of inter partes review.” slip op. at 5
- BurdenDecided for petitioner
“The question before us, therefore, is whether the Petitioner’s proffered explanation that it has proposed a different claim interpretation before the Board because the District Court may decline to adopt the narrower claim interpretations it advocates there is sufficient. We find that Petitioner’s explanation is sufficient because it follows the Director’s exemplary logic. Whether a district court has already or might in the future decline to adopt constructions that a petitioner proposes in related district court litigation merely reflects the timing of when a dispute over claim interpretation will be resolved. The Director and Patent Owner both recognize that, to resolve the dispute over claim interpretation that exists here, a decision-maker must determine “a single claim construction that best captures the true meaning of the patent claim.” Remand 4; PO Remand Br. 3. Based on the record presented by the parties to date in this proceeding, no dispute exists that the disputed claim terms mean what Patent Owner says they mean in the Litigation. Accordingly, we find that, at this stage of the proceeding, it is undisputed that Patent Owner’s interpretations of the claim terms represent the “single claim construction that best captures the true meaning of the patent claim.”8 Under that claim interpretation, we” slip op. at 8
NonePatents in suitUS 11,835,421 - PTAB · Dec 4, 2025 · IPR2025-01103 · APJ Brian P Murphy · IPR · Institution
The Board instituted IPR on claims 7–12 on all grounds, finding a reasonable likelihood that Lamkin and the asserted combinations render the claims obvious.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“We have jurisdiction under 35 U.S.C. § 314, which provides that an inter partes review may not be instituted “unless . . . there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” Under § 314, the Board may not institute review on fewer than all claims challenged in the petition. SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348, 1359–60 (2018). If the Board institutes a review, it unpatentability asserted for each claim.” 37 C.F.R. § 42.108(a). Upon consideration of the Petition, the Preliminary Response, and the evidence of record, for the reasons set forth below, we conclude the Petition demonstrates a reasonable likelihood that Petitioner would prevail in showing the unpatentability of at least one challenged claim in the ’101 patent. Accordingly, we institute an inter partes review of claims 7–12 of the ’101 patent.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“(“POSITA”), various factors may be considered, including the “type of problems encountered in the art; prior art solutions to those problems; rapidity with which innovations are made; sophistication of the technology; and educational level of active workers in the field.” In re GPAC, Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (citing Custom Accessories, Inc. v. Jeffrey- not exhaustive but are merely a guide to determining the level of ordinary skill in the art.” Daiichi Sankyo Co. v. Apotex, Inc., 501 F.3d 1254, 1256 (Fed. Cir. 2007). There is uncontested evidence in the record before us that reflects the knowledge and experience of a POSITA. For purposes of this Decision, we adopt the Petition’s formulation of the level of ordinary skill in the art, which is consistent with the description in the ’101 patent, the prior art of record, and the testimony of Dr. Zadok.” slip op. at 9
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)Other
“Petitioner contends that no claim terms need construction, but also contends that “claim interpretations on which this Petition depends are incorporated in and apparent from the prior art mapping analysis below.” Pet. 5. Patent Owner contends that Petitioner’s position contradicts the position Petitioner took in related district court litigation, particularly Petitioner’s district court constructions of means-plus-function limitations” slip op. at 10
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundInstituted
“Fiechter (Ground 1B) in the manner claimed in the ’101 patent with a reasonable expectation of success, which we find sufficient to satisfy the reasonable likelihood standard on the present record. Pet. 42–45 (citing Ex. 1003 ¶¶ 360–362, 372–382). The Petition also offers several motivations to combine Lamkin and Ito (Ground 1C) in the manner claimed in the ’101 patent with a reasonable expectation of success, which we also find sufficient on the present record. Pet. 49–52 (citing Ex. 1003 ¶¶ 383–401). The Preliminary Response does not challenge the Petition’s asserted motivations to combine Lamkin-Fiechter or Lamkin-Ito. Prelim. Resp. generally. On the present record at this stage of the proceeding, we determine the Petition sufficiently supports a motivation to combine Lamkin-Fiechter and Lamkin-Ito with a reasonable expectation of success for the reasons articulated in the Petition and Dr. Zadok’s cited declaration paragraphs.” slip op. at 21
Claim construction§ 103 obviousnesscites KSR · GrahamPatents in suitUS 8,230,101 - Arashi Vision (U.S.) LLC (D/B/A Insta360) v. Gopro, IncNo claims unpatentablePTAB · 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 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,958,840 - PTAB · Nov 19, 2025 · IPR2025-00915 · APJ Arthur M Peslak · IPR · Institution
The Board instituted IPR on claims 1–30 on both asserted § 103 grounds, finding a reasonable likelihood that Petitioner would prevail.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“to determine whether or not to institute an inter partes review. Paper 12, 2–3. We, thus, have authority, acting on the designation of the Director, to determine whether to institute an inter partes review under 35 U.S.C. § 314(a). See 37 C.F.R § 42.4(a) (2024) (“The Board institutes the trial on behalf of the Director.”). Under 35 U.S.C. § 314(a), an inter partes review may not be instituted unless the information presented in the Petition shows “there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” Considering the Petition, the Preliminary Response, and all supporting evidence, we conclude that the information presented in the Petition establishes a reasonable likelihood that Petitioner would prevail in its challenge of at least one claim of the ’621 patent as unpatentable. Pursuant to 35 U.S.C. § 314, we hereby institute an inter partes review of all challenged claims of the ’621 patent on the grounds stated in the Petition.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“Petitioner, supported by Dr. Bajaj’s testimony (Ex. 1003 ¶¶ 24–27) submits that a person of ordinary skill in the art “would have been someone knowledgeable of and familiar with computer cluster systems and cluster computing techniques” in June 2006. Pet. 12. According to Petitioner, a person of ordinary skill in the art would have had a bachelor’s degree in computer science, computer engineering, electrical engineering, or an equivalent training, and approximately two years of experience working in the field of cluster computing or parallel processing and would be knowledgeable regarding high-level scientific computing languages. Additional work experience can substitute for specific educational background, and vice versa. Id. (citing Ex. 1003 ¶¶ 24–27). Patent Owner does not address Petitioner’s proposed level of ordinary skill in the art. See generally Prelim. Resp. For the purposes of this Decision, we adopt Petitioner’s undisputed level of ordinary skill in the art because it appears consistent with the problems address in the ’621 patent and the cited prior art. C. Claim Construction” slip op. at 10
- Claim Construction › Threshold & procedure › Whether a term needs construction (O2 Micro)No construction neededOther
“Petitioner “submit[s] that no claim term requires express construction.” Pet. 12–13. Patent Owner does not address claim construction in the Preliminary Response. We determine, at this stage of the proceeding, that we need not construe any claim terms to resolve the controversy before us. 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
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner
“6. Printed Publication Status of Petitioner’s Asserted Prior Art The Federal Circuit instructs that “[t]o qualify as a printed publication, a reference ‘must have been sufficiently accessible to the public interested in the art.’” Blue Calypso, LLC v. Groupon, Inc., 815 F.3d 1331, 1348 (Fed. Cir. 2016) (citing In re Cronyn, 890 F. 3d 1158, 1160 (Fed. Cir. 1989)). “A reference will be considered publicly accessible if it was ‘disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence, can locate it.” Id. (citing Kyocera Wireless Corp. v. Int’l Trade Comm’n, 545 F. 3d 1340, 1350 (Fed. Cir. 2008)). Further, the question of whether a document qualifies as a “printed publication” for the purposes of 35 U.S.C. § 102 “involves a case-by-case inquiry into the facts and circumstances surrounding the reference’s disclosure to a member of the public.” Medtronic, Inc. v. Barry, 891 F.3d 1368, 1380 (Fed. Cir. 2018) (citing In re Klopfenstein, 380 F.3d 1345, 1350 (Fed. Cir. 2004)). At this stage of the proceeding, Petitioner “must identify, with particularity, evidence sufficient to establish a reasonable likelihood that the reference was publicly accessible before the critical date of the challenged patent and therefore that there is a reasonable likelihood that it qualifies as a printed publication.” Hulu, LLC v. Sound View Innovations, LLC, IPR2018- 01039, Paper 29, 13 (PTAB Dec. 20, 2019) (precedential). The reasonable likelihood standard “is lower than the ‘preponderance’ standard to prevail in in a final written decision.” Id.” slip op. at 16
Claim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 11,563,621 - PTAB · Nov 12, 2025 · IPR2025-00914 · APJ Brian P Murphy · IPR · Institution
The Board instituted IPR on claims 1–19 because the petition showed a reasonable likelihood that Menon combined with Trefethen, RS6000, and POEref rendered them obvious.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“inter partes review may not be instituted “unless . . . there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” Under § 314, the Board may not institute review on fewer than all claims challenged in the petition. SAS Inst., Inc. v. Iancu, 584 U.S. 357, 371 (2018). If the Board institutes a review, it will institute “on all of the challenged claims and on all grounds of unpatentability asserted for each claim.” 37 C.F.R. § 42.108(a). Upon consideration of the Petition, the Preliminary Response, and the evidence of record, for the reasons set forth below, we conclude the Petition demonstrates a reasonable likelihood that Petitioner would prevail in showing the unpatentability of at least one challenged claim in the ’679 patent. Accordingly, we institute an inter partes review of claims 1–19 of the ’679 patent.” slip op. at 2
- Skill levelSkill level petitioner adoptedDecided for petitioner
“In determining the level of ordinary skill in the art, various factors may be considered, including the “type of problems encountered in the art; prior art solutions to those problems; rapidity with which innovations are made; sophistication of the technology; and educational level of active workers in the field.” In re GPAC, Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (citing Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 962 (Fed. Cir. 1986)). “These factors are not exhaustive but are merely a guide to determining the level of ordinary skill in the art.” Daiichi Sankyo Co. v. Apotex, Inc., 501 F.3d 1254, 1256 (Fed. Cir. 2007). There is uncontested evidence in the record before us that reflects the knowledge and experience of a POSITA. For purposes of this Decision, we adopt the Petition’s formulation of the level of ordinary skill in the art, which is consistent with the description in the ’679 patent, the prior art of record, and the testimony of Dr. Bajaj.” slip op. at 10
- Obviousness (§103) › Analogous artAnalogous artDecided for petitioner
“The Petition first asserts that Menon and Trefethen are analogous prior art because they pertain to the same “field of cluster computing” as the ’679 patent and “are reasonably pertinent to the problem of the ’679 patent, namely, executing a single program on multiple nodes.” Pet. 22 (citing Ex. 1001, 1:14–15; Ex. 1003 ¶¶ 129–133; Ex. 1005, 2; Ex. 1006, Abstract). The Petition points out that Menon expressly cites and builds on the MultiMATLAB system taught by Trefethen. Id. (citing Ex. 1005, 1–2); see also Ex. 1003 ¶ 70 (“Menon builds on the teaching of Trefethen”). The Petition also contends that: Accordingly, Menon and Trefethen together represent a combination of prior art elements according to known methods (executing MATLAB code on a multiprocessor system) to yield the predictable result discussed in both papers: the MultiMATLAB system executing MATLAB in parallel to perform mathematical calculations. Pet. 23–24 (citing Ex. 1003 ¶ 134; Ex. 1005, Abstract; Ex. 1006, 2–7). The Petition further contends that a POSITA would have found it predictable to combine Trefethen with Menon with a reasonable expectation of success “because researchers had a strong desire to parallelize MATLAB.” Id. (citing Ex. 1003 ¶ 137; Ex. 1005, 2; Ex. 1006, 11–12).” slip op. at 17
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundDecided for petitioner
“RS6000, and POEref in the manner claimed in the ’679 patent with a reasonable expectation of success, which we find sufficient on the present record.” slip op. at 17
§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 12,021,679
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.