• CSPC Megalith Biopharmaceutical Co., Ltd. v. Lepu Biopharma Co. Ltd.All claims unpatentable
  PTAB · Oct 8, 2026 · IPR2025-00685 · APJ Ryan H Flax · IPR · Final written decision

  Claims 1–23 are unpatentable as obvious over Wei and Liu, and over Leanna, Wei, and Liu.

  RulingsFinal written decision

  • Skill levelSkill level board ownDecided for petitioner

    “appears to be generally consistent with the level of skill presented in the cited prior art. See generally, e.g., Exs. 1005–1008; see also Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001) (the prior art itself may reflect an appropriate level of skill in the art). However, as at institution, we reject the portion of Petitioner’s proposed definition that includes having “access to other individuals with that knowledge and experience,” as not reflecting the individual level of skill of a given skilled artisan. See, e.g., Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 962 (Fed. Cir. 1986) (holding that “[t]he person of ordinary skill is a hypothetical person who is presumed to be aware of all the pertinent prior art.”) (emphasis added, footnotes omitted); but see Indivior Inc. v. Dr. Reddy’s Labys., S.A., 930 F.3d 1325, 1343 (Fed. Cir. 2019) (no clear error in determination that “a person of ordinary skill . . . ‘would be on a team with an engineer or scientist . . . .’”). Consequently, we find the person of ordinary skill in the art was a person who had a Ph.D. in immunology, molecular biology, cellular biology, or a similar field, or an M.D. with similar experience, and had at least five years of experience with antibodies and antibody engineering.” slip op. at 11

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

    “Petitioner submits that no term of the Challenged Claims requires construction to resolve the challenges in this Petition.” Pet. 32. We did not construe any terms in our Institution Decision. See DI 6–7. Patent Owner presents no express positions on claim construction. See generally Resp. For the purposes of this Decision, no terms of the challenged claims require construction. Phillips, 415 F.3d at 1312–13. D. slip op. at 12

  • Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner

    “2 G. Wei et al., US 2015/0071923 Al, pub. March 12, 2015. Ex. 1005 (“Wei”). 3 J. Liu, CN 103772504 A, pub. May 7, 2014. Ex. 1007. The Liu reference is published in Simplified Chinese and Petitioner filed a certified English translation, to which we refer herein. See Ex. 1008 (“Liu”). Patent Owner does not contest the accuracy of the translation. See generally Resp. 4 M.R. Leanna & C.L. Becker, WO 2014/152199 A1, pub. Sept. 25, 2014. Ex. 1006 (“Leanna”). 5 Based on our review of each deposition transcript in view of the record as a whole, although each witness appears competent, we are left with the impression that Dr. Bournazos’s testimony is somewhat more credible than Dr. Atanackovic’s. This conclusion is based, inter alia, on each witness’s ability to recall the relevant record and respond to questions on evidentiary and technical issues.” slip op. at 8

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

    “We find that combining Liu’s BA03 antibody with Wei’s ADC platform would have been desirable, predictable, and routine for the ordinarily skilled artisan based on the facts that: (1) cetuximab was a wellknown and well-studied, U.S. regulatory approved, anti-EGFR antibody that would have served as a starting point for new cancer therapies; (2) humanization of therapeutic antibodies is generally desired (and “[e]very antibody can be humanized” and it is advantageous according to Patent Owner’s counsel); (3) BA03 was a well-known humanized version of cetuximab that had several known advantages over cetuximab in addition to lower immunogenicity from humanization; and (4) Wei taught a similar cetuximab-derived antibody, and a humanized cetuximab-derived antibody, each provided in an ADC with a well-known and validated off-the-shelf linker-drug platform, i.e., vc-MMAE, that exhibited a strong anti-tumor response. See, e.g., Ex. 1001, 1:57–2:32, 2:50–3:1, 5:6–53, 18:3–33, 19:26– 29; Ex. 1002 ¶¶ 14, 38, 42–43, 45–53, 56–73, 84–92, 109–117, 178–189, 202–271; Ex. 1005 ¶¶ 9–10, 229–232, 434, 437, 476, 491–506, 664–675, 685, 688, 715, 732, 1103, 1092–1141; Ex. 1008 ¶¶ 3–6, 60, 74, 141–160; Ex. 2027 ¶¶ 7–8, 38, 50, 57 (confirming our understandings regarding the claimed antibody and linker-drug payload); Ex. 2023, 173, 300; see also Resp. 1, 5–6, 23 (Patent Owner made the “choice” to use the prior-art-known BA03 antibody, and known-candidate cytotoxic payload MMAE); Hr’g Tr. 34:20–23, 36:6–38:20, 47:16–50:16 (Patent Owner’s counsel’s argument). When Liu’s BA03 antibody is provided in an ADC with a vc- MMAE or a Mc-vcPAB-MMAE platform (and used as cancer therapy as the references instruct) the invention of the challenged claims is achieved.” slip op. at 52

  Patent outcomesUS 10,792,370 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · Graham
  Patents in suitUS 10,792,370
• Gettattle, Inc. v. Afterwords, Inc.All claims unpatentable
  PTAB · Oct 5, 2026 · IPR2025-00677 · APJ Ryan H Flax · IPR · Final written decision

  Claims 1–7, 10, 13, 16, 18, and 19 are unpatentable as anticipated by Douglas and Ganesh; the revised contingent motion to amend is denied.

  RulingsFinal written decision

  • Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable

    “record before us, we conclude that Petitioner proves by a preponderance of the evidence that each challenged claim of the ’811 patent is anticipated by Douglas and by Ganesh. Accordingly, we find that claims 1–7, 10, 13, 16, 18, and 19 of the ’811 patent are unpatentable. Moreover, we find that Patent Owner’s Revised Contingent Motion to Amend adds new matter in every proposed substitute claim, and, therefore, the motion is denied.” slip op. at 80

  • 112 supportMotion to amend, deniedDenied

    “Because the RMTA does not meet the foundational statutory and regulatory requirements, we decline to reach Petitioner’s arguments as to the asserted unpatentability of the proposed substitute claims. C. CONCLUSION ON REVISED MOTION TO AMEND Because the RMTA does not meet foundational statutory and regulatory requirements for a motion to amend, it is denied.” slip op. at 80

  Patent outcomesUS 10,430,811 unpatentable
  § 102 anticipationcites Phillips
  Patents in suitUS 10,430,811
• Evenflo Company, Inc. v. Baby Jogger II, LLCAll claims unpatentable
  PTAB · Sep 29, 2026 · IPR2025-01122 · APJ Carl M Defranco · IPR · Final written decision

  Claims 1–16 are unpatentable as obvious over Liao or Liao and Cheng; Rolicki is not prior art, and the challenge over Offord ’341 and Offord ’797 fails.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “A. Level of Ordinary Skill in the Art Baby Jogger does not dispute Evenflo’s definition of the level of ordinary skill in the art, which is that a person of ordinary skill in the art (hereinafter, “one skilled in the art”) would have had “a bachelor’s degree in a relevant field (e.g., mechanical engineering or industrial design) and at least two years of product design experience and/or industry experience with juvenile products” and that “[m]ore education can replace product design experience, and vice versa.” Pet 8 (citing Ex. 1001 ¶¶ 31–33); PO Resp. generally. We apply that definition here, as it accords with the problems addressed in the prior art and the specification of the ’682 patent.” slip op. at 7

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

    “At the outset, we note that the claim language requires only that “the first seat and the second seat” be arranged in an inline descending configuration, not that the seat’s mounting points or other physical connections be so arranged. Ex. 1010, 17:31–33. Baby Jogger improperly reads “seats” out of the claim and substitutes the seat’s “mounting points” on the frame. A proper reading of the claim language focuses on what happens when both seats are connected to the frame, not where they are so connected. In other words, “when connected to the frame” simply emphasizes that both seats must be connected to the frame to form the inline descending configuration, as opposed to the single stroller embodiment of Figure 1, where there cannot be an inline descending configuration because only one seat is connected to the frame and the other seat is removed, i.e., not connected to the frame. That reading is supported by the specification of the ’682 patent,” slip op. at 9

  • Novelty / Anticipation (§102) › Priority / effective filing date / continuation supportPriority date awardedDecided for patent owner

    “We find that testimony persuasive, for it shows what one skilled in the art would have recognized the 2008 Provisional as necessarily disclosing. The relevant inquiry is whether the disclosure of the prior application “convey[s] with reasonable clarity to those skilled in the art that, as of the filing date sought, the inventor was in possession of the invention.” PowerOasis, 522 F.3d at 1306 (emphasis in original; citation omitted). “While a prior application need not contain precisely the same words as are found in the asserted claims, . . . the prior application must indicate to a person skilled in the art that the inventor was ‘in possession’ of the invention as later claimed.” Id. In other words, “to satisfy the written description requirement, ‘the missing descriptive matter must necessarily be present in the [original] application’s specification such that one skilled in the art would recognize such a disclosure.’”7 Id. (quoting Tronzo v. Biomet, Inc., 156 F.3d 1154, 1159 (Fed. Cir. 1998) (emphasis added). “This requires that the written description actually or inherently disclose the claim element.” Id. at 1306–07. Moreover, a drawing may supply written description for the arrangement it depicts even though the text describes that arrangement in different terms. See Cooper Cameron Corp. v. Kvaerner Oilfield Prods., Inc., 291 F.3d 1317, 1319–23 (Fed. Cir. 2002).” slip op. at 16

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

    “Instead, Evenflo’s argument rests on isolating the statement—“A similar sub-frame arrangement is disclosed in [Offord ’797]”—from the remainder of the passage in which that statement appears in order to arrive at a reason to incorporate the reversibility teaching of Offord ’797. However, when that statement is read in the context of the full passage in which it appears, nowhere does that passage suggest reversibility as the reason for referencing Offord ’797. More accurately, it suggests a different reason that relates to a curved lug 108 by which sub-frame 100 rests on the stroller’s main frame 4 to carry the weight of the stroller’s two occupants— When the interface components 100 are attached to the frame assembly 4 they form a sub-frame of the frame assembly 4, and when the child-carrying units are mounted thereon, one behind the other, they are in a compact echelon formation, one of the connector sockets 106 of each component 100 being at a higher level in relation to the ground than the other connector sockets 106. The higher connector socket 106 and further connecting leg 102 are both connected to the respective opposite ends of an upper mounting piece 107. In addition, on the inner side of the lower connector sockets 106 there is a downwardly curved lug 108 which serves to rest upon a part of the basket frame 44, such that the weight of two infants is fully supported by the frame assembly 4. A similar sub-frame arrangement is disclosed in [Offord ’797]. Ex. 1051, 9:23–36 (emphasis added). That passage shows that, rather than reversibility of the sub-frame, the reference to Offord ’797 is more aptly directing the reader to the arrangement and details of a similarly curved lug structure in the stroller sub-frame of Offord ’797. Indeed, Figures 5 and 6 of Offord ’797, reproduced below, disclose just such a curved lug in the context of “corner pieces 20” having “channel 21.” Ex. 1054, 4:10–23.” slip op. at 53

  Patent outcomesUS 11,731,682 unpatentable
  Claim construction§ 102 anticipation§ 103 obviousness
  Patents in suitUS 11,731,682
• Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.All claims unpatentable
  PTAB · Sep 2, 2026 · PGR2025-00021 · APJ Kimberly Mcgraw · PGR · Final written decision

  Claims 1, 3–7, and 12–20 are unpatentable: the Board found the asserted Kim, Kim–Yang, Lee, and Lee–Haller obviousness grounds proved, but not Lee–Park.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “(e.g., an advanced degree may substitute for professional experience).” Pet. 21 (citing Ex. 1003 ¶¶ 36–37). Petitioner further contends that a “POSITA would also have been aware of and generally knowledgeable about 3D memory’s structure, its component parts, and how it operates.” Id. Patent Owner does not dispute Petitioner’s definition of a POSITA. PO Resp. 9. Based on our review of the complete record, we adopt Petitioner’s uncontested definition of a POSITA.” slip op. at 6

  • Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITAPlain and ordinary meaningDecided for petitioner

    “The plain language of claim element [1.A] recites “wherein the first material layer is disposed over a first portion of the second material layer;” and claim element [1.B] recites “a landing pad disposed over a second portion of the second material layer.” Thus, the plain language of the claim merely recites that the first material layer is disposed over a first potion of the second material layer and the landing pad is disposed over a second portion of the second material layer. The plain language does not define what constitutes the first or second portions of the second material layer or define the first or second portions of the material layer by what is disposed above the layers. We agree with Petitioner that the term “portion” has a straightforward plain and ordinary meaning: a “part” of a larger whole. Pet. 5 (citing Ex. 1077, 406 (defining “portion” as “a part of a whole”)). The ’838 patent itself repeatedly uses the term “portion” this way. Ex. 1001, 5:40–43 (discussing both “an upper portion” and “lower portion” of a “staircase”), 5:66–6:1 (referencing “a portion of a top surface of a layer”); see also 4:39– 40, 7:15–17, 8:20–33, 8:34–65, 11:60–64, 12:38–59. Thus, we understand that the first and second portions of the second material layer are portions of (i.e., a part of the whole) second material layer. Neither the claims nor the Specification define what can constitute a first portion or a second portion of a second material layer.” slip op. at 11

  • Expert testimonyPatent owner expert creditedPetitioner expert discountedDecided for patent owner

    “Dr. Giapis, argues Petitioner’s proposed modification of Lee requires a POSITA to (1) start with an oxide-based insulating layer 22 as shown in Figure 5B of Lee, (2) introduce an oxidant gas into the adjacent openings, and (3) oxidize a surface that is already oxide-based to form a curved surface. PO Resp. 78–81. Patent Owner provides credible evidence supporting its argument that a POSITA would not have been motivated to make these changes to Lee, as they are technically infeasible. Id. at 79 (citing Ex. 2019 ¶¶ 191–208). Dr. Giapis credibly explains that in Park’s process, an oxygen gas would be used to oxidize the silicon nitride or polysilicon, but “introducing such an oxidant into the openings of Lee’s structure above will not promote further oxidation to the existing oxide the relevant region . . . so nothing remains to be oxidized.” Ex. 2019 ¶¶ 192–193. We credit Dr. Giapis testimony that “[i]t is not possible to further oxidize a solid oxide material with oxygen gas as in Park. That is why Park’s thermal oxidation process is performed on silicon nitride or polysilicon, which are not oxides to begin with but they can be oxidized to form silicon dioxide.” Id. ¶ 193 (citing Ex. 2028 (Plummer) at 345–350). According to Dr. Giapis, a POSITA would have understood this and not expected the combination of Lee and Park to achieve any change in shape or any rounding in Lee’s Figure 5B. Ex. 2019 ¶ 193.” slip op. at 60

  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundReasonable expectation not foundNot shown unpatentable

    “Patent Owner, however, with persuasive supporting testimony from Dr. Giapis, argues Petitioner’s proposed modification of Lee requires a POSITA to (1) start with an oxide-based insulating layer 22 as shown in Figure 5B of Lee, (2) introduce an oxidant gas into the adjacent openings, and (3) oxidize a surface that is already oxide-based to form a curved surface. PO Resp. 78–81. Patent Owner provides credible evidence supporting its argument that a POSITA would not have been motivated to make these changes to Lee, as they are technically infeasible. Id. at 79 (citing Ex. 2019 ¶¶ 191–208). Dr. Giapis credibly explains that in Park’s process, an oxygen gas would be used to oxidize the silicon nitride or polysilicon, but “introducing such an oxidant into the openings of Lee’s structure above will not promote further oxidation to the existing oxide the relevant region . . . so nothing remains to be oxidized.” Ex. 2019 ¶¶ 192–193. We credit Dr. Giapis testimony that “[i]t is not possible to further oxidize a solid oxide material with oxygen gas as in Park. That is why Park’s thermal oxidation process is performed on silicon nitride or polysilicon, which are not oxides to begin with but they can be oxidized to form silicon dioxide.” Id. ¶ 193 (citing Ex. 2028 (Plummer) at 345–350). According to Dr. Giapis, a POSITA would have understood this and not expected the combination of Lee and Park to achieve any change in shape or any rounding in Lee’s Figure 5B. Ex. 2019 ¶ 193.” slip op. at 60

  Patent outcomesUS 12,010,838 unpatentable
  Claim construction§ 103 obviousnesscites Phillips
  Patents in suitUS 12,010,838
• Micron Technology, Inc. v. Yangtze Memory Technologies Co., Ltd.No claims unpatentable
  PTAB · Jul 21, 2026 · IPR2025-00190 · APJ Kimberly Mcgraw · IPR · Final written decision

  Claims 1, 3–11, 13, and 14 were not shown unpatentable because Dong did not disclose the claimed vertical wordline arrangement, and the proposed 3D NAND combination lacked support for motivation and reasonable expectation of success.

  RulingsFinal written decision

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

    “understanding that the claim term “from bottom to top” refers to the vertical arrangement of word lines in the memory portions from bottom to top and not from source end to drain end, as asserted by Petitioner. Inst. Dec. 17. In other words, the claim terms describing the first and second portions having word lines “from top to bottom” refer to the relative vertical location of the word lines within the memory portions and not to location of the word lines relative to the source or drain. Our construction is based on the plain and ordinary meaning of the express language of the independent claims, which states that the second memory portion is formed either above or below the first memory portion. The forming of one memory portion above or below another portion establishes a top and bottom in relation to those portions. For example, claim 5 is directed to a “program method of memory” that requires a second portion formed above the first portion. A second memory portion that is formed above a first memory portion is on top relative to the first portion. Similarly, claims 1 and 1 and 11, which recite a memory having a second portion formed below a first portion, establish that the second portion is on the bottom relative to the first portion. Thus, the claim language itself establishes the vertical locations of the memory portions relative to each other (e.g., a second memory portion that is above the first portion is on top, relative to the first portion). It follows that claim terms referring to the top and bottom of word lines within the memory portions also refer to relative vertical locations of the word lines within the memory portions. Thus, we understand the plain and ordinary meaning of claim” slip op. at 13

  • Claim Construction › Intrinsic evidence (Phillips canons) › Preamble limiting or notPreamble limitingDecided for patent owner

    “In our Decision, we treated the preambles of claims 5 and 11 as limiting, noting that these preambles provide antecedent basis for the word line limitations recited in the body of their respective claim. Dec. 14–15, 8. Neither party disputes that the preambles of claims 5 and 11 are limiting. See PO Resp. 34–35 (agreeing that the preambles are limiting); see generally Reply 1–6 (not disputing that the preambles are limiting). We maintain our construction of the preambles in this Decision.” slip op. at 11

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “we consider the level of ordinary skill at the time of filing. 35 U.S.C. § 103; see also Graham, 383 U.S. at 17 (discussing pre-AIA obviousness). Petitioner contends that a person of ordinary skill in the art (“POSITA”) would have had a had a bachelor’s degree in electrical engineering or a similar discipline, along with 2–3 years of professional experience working with (e.g., researching, designing, or teaching) NAND memory devices (including issues relating to the operation, e.g., programming, of said devices), or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience). Pet. 22 (citing Ex. 1004 ¶¶ 40–42). Petitioner also asserts that a POSITA would have been aware of and generally knowledgeable about NAND memory’s structure and fabrication, its component parts, how it operates, and how it is controlled. Id. at 22–23 (citing Ex. 1004 ¶ 41). In the Institution Decision, we adopted the assessment offered by Petitioner, which Patent Owner did not contest. Inst. Dec. 13. Following institution, Patent Owner stated it does not dispute Petitioner’s definition of a POSITA. PO Resp. 9 (citing Khatri Dec. ¶¶ 42–47). Because Petitioner’s definition of the level of skill in the art appears consistent with the ’941 patent and the asserted prior art, we maintain it for purposes of this Final Written Decision. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir 2001).” slip op. at 9

  • Expert testimonyPatent owner expert creditedOther

    “We disagree and find that Dong’s Figure 5a does not depict wordlines in a physical vertical orientation, but rather depicts voltage diagrams. We agree with Patent Owner’s argument, supported by persuasive testimony by Dr. Khatri, that a POSITA would have understood that Dong’s voltage charts (e.g., Fig. 5a) simply represent which voltages are applied to which word lines and do not depict the physical orientation of the wordlines. See, e.g., Ex. 2028 ¶ 171 (citing Ex. 1005 ¶ 20; Ex. 1009 ¶¶ 52–54). As Dr. Khatri explains, Dong Figures 5a–5h depict different examples of self-boosting modes showing voltages applied differently to the wordlines and are not intended to depict the physical orientation of these word lines. Ex. 2028 ¶ 171; see also Sur-reply 11–12 (citing Ex. 1005 ¶¶ 47, 65, 63–67; Ex. 2028 ¶¶ 177–186). We agree with Dr. Kahtri’s persuasive testimony that a POSITA would understand that Figures 5a–5h are illustrated vertically, but do not represent the actual physical arrangement of the word lines in memory, which are shown to be horizontal in Dong’s Figure 4. See, e.g., Ex. 2028 ¶ 172 (citing Ex. 1005 ¶¶ 20, 45, 47, 87).” slip op. at 24

  Patent outcomesUS 11,568,941 not shown unpatentable
  Claim construction§ 102 anticipation§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 11,568,941
• Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.All claims unpatentable
  PTAB · Jul 20, 2026 · IPR2025-00228 · APJ Michael T Cygan · IPR · Final written decision

  Claims 1–18 are unpatentable: claims 1, 2, 4, 5, and 9–18 as obvious over Kim; claims 1–18 over Kim and Fang; claims 1–15 over Han and Fang; and claims 17–18 over Han, Fang, and Chen.

  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”) at the critical time “would have had a bachelor of science degree in electrical engineering or a similar discipline, along with 2-3 years of professional experience working with (e.g., researching, designing, or teaching) monolithic 3D structures and NAND flash memory devices, or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience).” Pet. 26 (citing Ex. 1003 ¶42). Petitioner further asserts that a POSITA “would have been aware of and generally knowledgeable about 3D NAND’s structure, how it is manufactured, and its component parts.” Id. Patent Owner does not dispute this assessment. PO Resp. 7–8. For purposes of this Decision, we adopt Petitioner’s proposed level of ordinary skill, as it appears to be consistent with the specification of the ’276 patent and the prior art of record.” slip op. at 6

  • Expert testimonyPatent owner expert creditedDecided for patent owner

    “Dr. Campbell has a Ph.D. in physics, supplying the advanced degree that Petitioner’s definition of a person having ordinary skill in the art accepts as a replacement for some experience. Ex. 2006 ¶ 2. Dr. Campbell has significant experience in semiconductor technology, including in process technologies for submicron CMOS, years of research in semiconductor processing, materials, and device structures, and authored “[t]he leading textbook on semiconductor technology.” Id. ¶¶ 2–4. Dr. Campbell qualifies as a person of ordinary skill in the art under the parties’ agreed definition.” slip op. at 7

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

    “Patent Owner proposed that the terms “exposing portions” and “etching the exposed portions” require two different steps performed in that order. PO Resp. 7–10. Petitioner does not contest this characterization. Pet. Reply 1– 2. Patent Owner also proposes that this requires the exposure step not to perform any etching of the newly exposed layer. PO Resp. 10–12 (citing Ex. 1001, 10:2–5, 10:15–17 (stating that the etch-stop layer “protects the underlying structure until all the VIA openings 640 are formed” and that it “[t]he essence of an etch-stop layer dictates that contact-hole etching stops or slows down upon contact, i.e., exposing without penetrating it.” Pet. Reply 11. Based on the record before us, we determine that no claim term requires express construction for purposes of this Decision.” slip op. at 7

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

    “described in earlier embodiments would not be consistent with Kim’s statement that previously described elements are “omitted” in the Figures 17A to 22B section “for concise description.” As admitted by Patent Owner, it would be a “reasonable inference” that materials described in a first embodiment for a particular hypothetical layer L would also be used for that layer L in later embodiments absent an express statement to the contrary “because you have just omitted that sort of duplicative description.” Tr. 37:9–38:12. Kim’s Figures 17A–22B do not further address the underlying staircase structure that was detailed in the descriptions of the Figures 4–15 embodiments. Thus, it would similarly be a “reasonable inference” that aspects of the stack structure would be understood to apply to the same stack in the embodiments of Figures 17A–22B, which rely upon, in unaltered form, the earlier-described elements of the stack. stack on bottom, they “replace” and “exclude” any prior description of a gate-stack-on-top. PO Resp. 18–19 (citing Ex. 2019 ¶¶ 40–41; Ex. 1005 ¶¶ 185–187 (describing the etch-stop layer as covering the sacrificial layers only at their end portions)). However, as admitted by Patent Owner, all of Kim’s Figures show only a gate-stack-on-bottom structure. Tr. 41:6–7 (“For the first embodiment, it is true that figures show the gate stack on bottom.”). The fact that Kim’s Figures 17A–22B, which add etch-stop and barrier layers to the gate stack, are shown only as gate stack on bottom is merely consistent with the uniform use of gate-stack-on-bottom in Kim’s Figures, which show the layer-by-layer construction of its device. Like Figures 4–15, Figures 17A–22B exemplify rather than limit the description of the previously described memory stack, and do not exclude the gate-stack-onbottom description of the memory stack. Kim can be used for all it realistically teaches, including descriptions in its disclosure that are not represented by specific Figures. See In re Chapman, 357 F.2d 418, 424 (C.C.P.A. 1966) (stating that a reference “is not limited to the disclosures in its specific illustrative examples.”). Accordingly, the record supports Petitioner’s assertion that Kim’s teaching of a gate-stack-on-top alternative for the memory stack would be understood by a POSITA as a memory stack option applicable to its other embodiments having that same memory stack.” slip op. at 11

  Patent outcomesUS 11,101,276 unpatentable
  Claim construction§ 103 obviousnesscites Phillips · KSR · Graham
  Patents in suitUS 11,101,276
• Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.Some claims unpatentable
  PTAB · Jul 6, 2026 · IPR2025-00191 · APJ Michael T Cygan · IPR · Final written decision

  Claims 3, 8, 11, 12, and 19 are unpatentable under §103; Petitioner did not show claims 6, 9, 10, 13–18, and 20 unpatentable.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “at the critical time “would have had a Bachelor of Science degree in electrical engineering or a similar discipline, along with 2–3 years of professional experience working with (e.g., researching, designing, or teaching) monolithic 3D structures and NAND memory devices, or an equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience).” Pet. 27 (citing Ex. 1003 ¶¶34–38). Petitioner further asserts that a POSITA “would have been aware of and generally knowledgeable about 3D NAND’s structure, how it is manufactured, and its component parts.” Id. Patent Owner does 5 Neither party presents evidence or arguments regarding objective evidence of non-obviousness. Pet. 100; PO. Resp. circuit design. PO Resp. 9–10 (citing Ex. 2021 ¶ 35). Neither Patent Owner nor Dr. Campbell considers the obviousness of the claims to turn on the precise definition of the level or ordinary skill in the art. PO Resp. 10; Ex. 2021 ¶ 35. For purposes of this Decision, we adopt Petitioner’s proposed level of ordinary skill, as it appears to be consistent with the specification of the ’322 patent and the prior art of record.” slip op. at 7

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

    “C. Claim Construction Neither party proposes any express claim construction. Pet. 27 (stating claims should receive their “plain and ordinary meaning”); PO Resp. 10 (stating that Petitioner’s challenges fail “under any reasonable construction”). In an inter partes review, we construe a patent claim “using the same claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. [§] 282(b).” 37 C.F.R. § 42.100(b). Under this standard, the words of a claim generally are given their “ordinary and customary meaning,” which is the meaning the term would have to a person of ordinary skill at the time of the invention, in the context of the entire patent including the specification. Phillips v. AWH Corp., 415 F.3d 1303, 1312–13 (Fed. Cir. 2005) (en banc). We determine no terms require express construction for purposes of this Decision.” slip op. at 8

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

    “We determine that such a configuration would be neither inoperable nor significantly undesirable. Dr. Campbell testified that he does not argue that this configuration would be inoperable. Ex. 1106, 74:12–17; Ex. 2021 ¶60. Dr. Lee testifies that this configuration is “consistent with Nishikawa[123]’s Figure 14B.” Ex. 1105 ¶ 13. Dr. Lee further testifies that this configuration would not necessarily require a larger footprint, but instead, “could simply replace the trenches, abutting the device edge.” Id. Dr. Campbell testified that if the circular TAC replaced the rectangular trench, “I don’t know what it would be or exactly where it would be,” and therefore, “I can’t say what the size of the red circle would have to be.” Ex. 1106, 83:19–84:3. Therefore, the record does not support finding a circular TAC to have a larger footprint. Absent a larger footprint, there is no evidence that the end-connected TAC would be undesirable.” slip op. at 15

  • Expert testimonyPetitioner expert creditedPatent owner expert discountedMixed

    “nor significantly undesirable. Dr. Campbell testified that he does not argue that this configuration would be inoperable. Ex. 1106, 74:12–17; Ex. 2021 ¶60. Dr. Lee testifies that this configuration is “consistent with Nishikawa[123]’s Figure 14B.” Ex. 1105 ¶ 13. Dr. Lee further testifies that this configuration would not necessarily require a larger footprint, but instead, “could simply replace the trenches, abutting the device edge.” Id. Dr. Campbell testified that if the circular TAC replaced the rectangular trench, “I don’t know what it would be or exactly where it would be,” and therefore, “I can’t say what the size of the red circle would have to be.” Ex. 1106, 83:19–84:3. Therefore, the record does not support finding a circular TAC to have a larger footprint. Absent a larger footprint, there is no evidence that the end-connected TAC would be undesirable.” slip op. at 15

  Patent outcomesUS 11,581,322 mixed
  Claim construction§ 103 obviousnesscites KSR · Graham
  Patents in suitUS 11,581,322
• GD Energy Products, LLC v. Kerr Machine CompanyAll claims unpatentable
  PTAB · Jun 29, 2026 · PGR2025-00031 · APJ Ryan H Flax · PGR · Final written decision

  Claims 1–14 are unpatentable as obvious under each of four asserted grounds: Kerr; Aplex and Stanton; Blume, Stanton, and Wilkinson; and the sale of the Kerr Pump.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “The person of ordinary skill in the art would have a minimum of a bachelor’s degree in mechanical or petrochemical engineering, or a comparable engineering discipline, and a minimum of 3-5 years of work experience in the design and/or manufacturing of reciprocating pumps and valves, including fluid ends and/or comparable high pressure fluid components, for industrial applications, including for use in the oil and gas industry. See, e.g., EX1003, ¶32.” slip op. at 12

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

    “[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., 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)). We decline to expressly construe any claim language. slip op. at 12

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

    “Regarding the combining of Aplex and Stanton, Petitioner asserts that the ordinarily skilled artisan would have understood that providing a packing/stuffing arrangement, as taught by Stanton, within a fluid end housing, as taught by Aplex, would improve pressure and fluid isolation compared with an arrangement where the packing was bolted to the outside of the fluid end as in Aplex unmodified. Pet. 66 (citing Ex. 1003 ¶¶ 189, 236). Patent Owner does not dispute this rationale. We find this to be a reason, with rationale underpinning, why the person of ordinary skill in the art would have combined these references with a reasonable expectation of success.” slip op. at 29

  • Adverse judgmentOther

    “The record indicates that Patent Owner has statutorily disclaimed claim 15 as of April 28, 2025. Ex. 2206.” slip op. at 8

  Patent outcomesUS 12,152,582 unpatentable
  Claim construction§ 103 obviousnesscites KSR · Graham
  Patents in suitUS 12,152,582
• Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.All claims unpatentable
  PTAB · Jun 9, 2026 · IPR2025-00189 · APJ Jo-Anne M Kokoski · IPR · Final written decision

  Claim 19 is unpatentable as obvious over Kim and over Nam; the challenge based on Lee and Park fails for lack of a reasonable expectation of success.

  RulingsFinal written decision

  • Adverse judgmentAdverse judgmentOther

    “B. Patent Owner’s Disclaimer of Claims 17 and 20 As indicated above, Patent Owner filed a statutory disclaimer of claims 17 and 20 of the ’666 patent. See Ex. 2005. In view of Patent Owner’s statutory disclaimer, we treat claims 17 and 20 as having never been part of the ’666 patent. See Vectra Fitness, Inc. v. TNWK Corp., ‘considered as part of the original patent’ in [35 U.S.C.] § 253 to mean that the patent is treated as though the disclaimed claims never existed.”). Because inter partes review cannot be instituted based on disclaimed claims, we do not consider claims 17 and 20 to be within the scope of this proceeding. 37 C.F.R. § 42.107(e) (“No inter partes review will be instituted based on disclaimed claims.”); General Elec. Co. v. United Techs. Corp., IPR2017-00491, Paper 9 (PTAB July 6, 2017) (precedential) (denying institution in view of a statutory disclaimer of all the challenged claims). Thus, we confine our analysis in this Decision to claim 19, the challenged claim that has not been disclaimed.” slip op. at 2

  • Skill levelSkill level petitioner adoptedDecided for petitioner

    “(“POSITA”) “would have had a bachelor’s degree in electrical engineering or a similar discipline, along with 2–3 years of professional experience working with (e.g., researching, designing, or teaching) 3D memory devices, or an equivalent level of skill, knowledge and experience (e.g., an advanced degree may substitute for professional experience).” Pet. 24–25 (citing Ex. 1003 ¶¶ 34–37). Petitioner further contends that the “POSITA would also have been aware of and generally knowledgeable about 3D memory’s structure, its component parts, and how it operates.” Id. at 25 (citing Ex. 1003 ¶¶ 34–37).” slip op. at 6

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

    “evidence from the complete record now before us, we determine that the claim term “curved side surface” encompasses any outer surface of the structure with curvature. See Hamilton Beach Brands, Inc. v. F’real Foods, LLC, 908 F.3d 1328, 1338–1339 (Fed. Cir. 2018) (finding that it is acceptable for the Board to adopt its own claim construction where the parties “had notice of the contested claim construction and an opportunity to be heard”). We do not adopt Patent Owner’s position that “curved side surface” requires the side surface to be curved along a direction perpendicular to the top surface of the structure (e.g., the z-axis).” slip op. at 12

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

    “curved side surface” are premised on its proposed claim construction which, as set forth above, we decline to adopt. Instead, we determined that “curved side surface” as used in the challenged claim encompasses any outer surface of the structure with curvature, which does not need to be curved in any specific direction. See § II.B.1, supra. Kim states: Embodiments of the inventive concepts in which the protrusion pad PAD_P has a rectangular parallel[] shape is illustrated, but the protrusion pad PAD_P is not limited thereto and, in some embodiments, may have a shape including a curved surface based on a virtual rectangular parallel[] shape, a cylindrical shape, or any shape. Ex. 1005, 8:29–34 (emphases added). Dr. Lee testifies that “[a] POSITA would have recognized that this includes configurations where the sides of the protrusion pads are curved, particularly to optimize electrical connectivity and mitigate stress at material interfaces.” Ex. 1003 ¶ 201. Dr. Lee further testifies that a POSITA would have understood Kim’s disclosure “teaches a variety of different protrusion pad PAD_P shapes” including “pads with curved sides when viewed in cross-section or pads with curved sides when viewed from above.” Id. ¶ 202. Accordingly, we determine that Kim discloses a cylindrically-shaped PAD_P that has a “curved side surface” as required by the challenged claim. slip op. at 24

  Patent outcomesUS 11,145,666 unpatentable
  Claim construction§ 103 obviousnesscites Phillips
  Patents in suitUS 11,145,666
• Micron Technology, Inc. v. Yangtze Memory Technologies Company, Ltd.No claims unpatentable
  PTAB · Jun 9, 2026 · IPR2025-00118 · APJ Jo-Anne M Kokoski · IPR · Final written decision

  Claims 1–14 were not shown unpatentable because the Petition did not establish the claimed adjacent pad groups, common ESD bus, or pad-to-pad bonding wires.

  RulingsFinal written decision

  • Skill levelSkill level petitioner adoptedOther

    “would have had a bachelor of science degree in electrical engineering or similar discipline, and 2–3 years of professional experience working with (e.g., researching, analyzing, designing, or teaching) ICs, or equivalent level of skill, knowledge, and experience (e.g., an advanced degree may replace some of the professional experience and vice versa). This POSITA would have been aware of and generally knowledgeable about IC design, layout, manufacturing, packaging, and ESD protection. Pet. 18 (citing Ex. 1003 ¶¶ 29–33). Patent Owner states that it “does not dispute Petitioner’s proposed level of a” POSITA “for purposes of this IPR.” PO Resp. 10. In the Institution Decision, we adopted the assessment offered by Petitioner. Dec. 7. Because Petitioner’s definition of the level of skill in the art is consistent with the ’164 patent and the asserted prior art, we maintain it for purposes of this Final Written Decision. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).” slip op. at 7

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

    “customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent.” 37 C.F.R. § 42.100(b). Under this standard, claim terms are generally given their plain and ordinary meaning as would have been understood by a person of ordinary skill in the art at the time of the invention and in the context of the entire patent disclosure. Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed. Cir. 2005) (en banc). Only those terms in controversy need to be construed, and only to the extent necessary to resolve the controversy. Realtime Data, LLC v. Iancu, 912 F.3d 1368, 1375 (Fed. Cir. 2019). Based on our review of the complete trial record and the arguments raised by the parties, we determine that it is not necessary to expressly construe any claim terms to resolve the parties’ dispute. Realtime Data, 912 F.3d at 1375.” slip op. at 7

  • Expert testimonyPatent owner expert creditedDecided for patent owner

    “includes segmented ground rails 350, 355. . . . The package substrate 310 includes a package common ground rail 360, and the segmented SoC ground rails 350, 355 are independently connected to the package common ground rail 360 via separate connections 370, 375 respectively.”). As set forth above, Dr. Foty describes the three ground lines in Saint Figure 7-7 as “segmented rails” when discussing the combination of Saint and Haralabidis, thus equating the three ground lines in Saint Figure 7-7 with Haralabidis’ segmented ground rail. Ex. 1003 ¶ 368. Neither Petitioner nor Dr. Foty, however, adequately addresses how or why a POSITA would have understood that the three separate grounds lines in Saint Figure 7-7 were “segmented rails” like the segments of the single ground line described in Haralabidis. In contrast, Dr. Khatri credibly testifies: Haralabidis teaches the use of a “common ground rail” to connect “segmented ground rails.” Haralabidis, 3:9–22, 3:34– 40, 3:65–4:12. A POSITA would understand “segmented ground rails” to refer to a single ground signal that has been “segmented.” That is fundamentally different from the design of Saint’s Figure 7-7 that Dr. Foty relies on, which uses three different ground signals, GND1, GND2, and GND3—not a single ground signal that has been “segmented.” Because of that, a POSITA would not have been motivated to change the Figure 7-7 design completely to connect three separate signals (GND1, GND2, and GND3) together as Dr. Foty proposes. Ex. 1003 ¶ 368. Indeed, for these reasons, a POSITA would have understood Haralabidis’ teachings of a “common ground rail” are inapplicable to Saint’s Figure 7-7. Ex. 2010 ¶ 129. Petitioner’s arguments and Dr. Foty’s testimony with respect to the modification of Saint Figure 7-7 leave an analytical gap that does not apprise us of why a POSITA would have modified Saint Figure 7-7 to include a common ESD bus as described in Haralabidis.” slip op. at 37

  • Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation not foundNot shown unpatentableNot shown unpatentable

    “For these reasons, we find that Yoshinaga’s statement that “[r]eference potential pads are not shown to simplify the drawing” indicates that reference potential pads are not depicted in Yoshinaga Figure 6, and determine that Yoshinaga Figure 6 does not disclose “a plurality of pad groups, adjacent and connected to the plurality of ESD buses” as recited in claim 6. Petitioner also argues that a POSITA would have understood that power supply pads 3, 4, and 58 in Yoshinaga “could just as readily be used as reference pads” and it would have been obvious “to use the pads immediately next to the saved areas as reference pads (e.g., pads 5 and 6) as pad assignments were left to the designer’s discretion.” Pet. 31 (citing Ex. 1003 ¶¶ 137–139). Petitioner asserts that “selecting which pads to use for ground, power signals, etc. is a design choice that depends on factors like chip size, the number of I/O signals, and the number of pads available.” Pet. 31 (citing Ex. 1003 ¶ 137–139). Petitioner states that such discretion would be to preserve Yoshinaga’s saved area for other circuitry as taught by Saint. Pet. 31–32 (citing Ex. 1003 ¶¶ 137–139; Pet. 19–23 (§ IX.A)). Neither Petitioner nor Dr. Foty adequately explain, however, why a POSITA would have made this specific design choice, namely, replacing power supply pads 3, 4, and 58 with reference pads. Pet. 31; Ex. 1003 ¶¶ 137–139; see also Polaris Indus., Inc. v. Arctic Cat, Inc., 882 F.3d 1056, 1069 n.4 (Fed. Cir. 2018) (“Merely stating that a particular placement of an element is a design choice does not make it obvious.” (quoting Cutsforth, Inc. v. MotivePower, Inc., 636 Fed. Appx. 575, 578 (Fed. Cir. 2016))). Petitioner offers the general proposition that pad assignments are left to the designer’s discretion, but this does not provide a reason why a POSITA would have been motivated to modify Yoshinaga Figure 6 as proposed. Pet. 31; Ex. 1003 ¶¶ 137–139. We have determined that Yoshinaga does not show (rather than does not label) reference pads. Because all of Yoshinaga’s illustrated pads are power supply pads, Petitioner’s proposed reassignment of pads would not be a simple matter of rearrangement of an existing mixture of power supply and reference pads, but require that reference pads be imported from elsewhere, and power supply pads be moved to some unspecified location. Petitioner’s arguments and Dr. Foty’s testimony with respect to the modification of Yoshinaga Figure 6 leave an analytical gap that does not apprise us of why a POSITA would have modified Yoshinaga Figure 6 to include reference pads in the place of power supply pads 3, 4, and 58. We agree with Patent Owner that none of Petitioner’s rationales” slip op. at 20

  Patent outcomesUS 10,879,164 not shown unpatentable
  Claim construction§ 103 obviousnesscites Phillips
  Patents in suitUS 10,879,164

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.