Board Finds that Parties’ Agreement on Service of Complaint Controls When Service was Effective

TRW Automotive U.S. LLC v. Magna Electronics Inc.,  IPR2014-00251, Paper 13, IPR2014-00255, Paper 16, IPR2014-00256, Paper 15,IPR2014-00257 Paper 15, IPR2014-00258; Paper 15, IPR2014-00259 Paper 18, IPR2014-00260; Paper 18, IPR2014-00261 Paper 18, IPR2014-00262; Paper 14, IPR2014-00263 Paper 14, IPR2014-00264; Paper 14, IPR2014-00265, Paper 14, IPR2014-00266, Paper 16 (June 2, 2014).  The parties had entered into an agreement that service would be effected by email and Federal Express on December 17, but the patent owner emailed and federal expressed the Summons and Complaint on December 14.  Because these were not authorized methods of service, the Board determined that they were not effective until December 17, when the agreement of the parties authorized such service.  Thus the Board concluded that the petitions were timely filed within one year of service fo the Complaint.

Waiting for Alice

Callidus Software Inc. v. Versata Development Group, Inc., CBM2013-00052, CBM2013-00053, Paper 28, CBM2013-00054, Paper 32 (June 2, 2014), the Board agreed to extend the due dates, provided that the patent owner waived its right to file a motion to amend, agreeing with the patent owner that the additional time would allow the parties to take into account any decision made by the Supreme Court in Alice Corp.v. CLS Bank Int’l, et al., Docket No. 13-298 (2014).

June 2, 2014

Petitions Filed

JST Performance, Inc. d/b/a/ Rigid Industries filed IPR2014-00874 challenging U.S. Patent No. 6,250,774 assigned to U .S. PHILIPS CORPORATION

Apotex Corp.filed IPR2014-00876 challenging U.S. Patent NO. 6,417,191 assigned to VIIV HEALTHCARE UK LIMITED.

Homeland Housewares, LLC filed IPR IPR2014-00877 challenging U.S. Pat. 7,581,688 assigned to WHIRLPOOL CORPORATION

Seoul Semiconductor Co., Ltd filed IPR2014-00878 challenging U.S. Pat. 8,227,969 assigned to ENPLAS CORPORATION.

Seoul Semiconductor Co., Ltd filed IPR2014-00879 challenging U.S. Pat. 7,798,679 assigned to SHARP KABUSHIKI KAISHA and ENPLAS CORPORATION

Institution Decisions

Zimmer Holdings, Inc. v. Bonutti Skeletal Innovations LLC, IPR2014-00321, Paper 13 (June 2, 2014), the Board instituted an Inter Partes Review as to claims 40-42 and 44-47, but not claim 43, of U.S. Patent No. 7,806,896.

Zimmer Holdings, Inc. v. Bonutti Skeletal Innovations, LLC, IPR2014-00191,  Paper 12 (June 2, 2014), the Board instituted an Inter Partes Review as to claims 15-22, 26-28, and 31-36, but not claims 23-25 of U.S. Patent No. 7,837,736.

Wright Medical Group, Inc.v. Bonutti Skeletal Innovations LLC, IPR2014-00354,  Paper 10 (June 2, 2014) the Board instituted an Inter Partes Review as to claims 1 and 40, but not claims 13 and 25, of U.S. Patent No. 7,806,896.

Micro Motion, Inc. v. Schneider Electric SA, IPR2014-00179, Paper 8 (June 2, 2014), the Board granted inter partes review of claims 1, 2, 5, 9-12, 15, and 19 of U.S. Patent No. 7,124,646.

Micro Motion, Inc. v. Schneider Electric SA, IPR2014-00178, Paper 8 (June 2, 2014), the Board granted inter partes review of claims 1-12 of U.S. Patent No. 7,136,761.

Micro Motion, Inc. v. Schneider Electric SA, IPR2014-00178, Paper 8 (June 2, 2014), the Board granted inter partes review of claims 17, 21, and 36, but not claims 24-26, of U.S. Patent No. 6,311,136.

Micro Motion, Inc. v. Schneider Electric SA, IPR2014-00167, Paper 10 (June 2, 2014), the Board granted inter partes review of claims 1, 6-8, 13-15, 20, and 21 of U.S. Patent No. 7,505,854.

Final Decisions

Apple Inc. v. Achates Reference Publishing, Inc., IPR2013-00080, Paper 90, June 2, 2014) the Board found that claims 1-12 and 17-19 (all of the challenged claims) of U.S. Patent No. 6,173,403 were unpatentable.

Apple Inc. v. Achates Reference Publishing, Inc., IPR2013-00081, Paper 80, June 2, 2014) the Board found that claims 1-4 (all of the challenged claims) of U.S. Patent No. 5,982,889 were unpatentable.