Monthly Archives: September 2014

September 23, 2014

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Institution Decisions

In Kinetic Technologies, Inc. v. Skyworks Solutions, Inc., IPR2014-00529, Paper 8 (September 23, 2014) the Board denied inter partes review of claims 13–24 and 37–47 of U.S. Patent No. 7,921,320.

In Samsung Electronics Co., Ltd. v.  Rembrandt Wireless Technologies, LP, IPR2014-00518, Paper 16 (September 23, 2014), the Board granted inter partes review of claims 1, 4, 5, 10, 13, 20–22, 54, 57, 58, 61, 62, 66, 70, and 76–79 of U.S. Patent No. 8,023,580, but not as to challenged claims 2, 19, 49, 52, 53, and 59.

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Dispositions

In Butamax(TM) Advanced Biofuels LLC v. Gevo, Inc, IPR2013-00214, Paper 46 (September 23, 2014) the Board issued a final written decision that claims 1–28 (all of the challenged claims) of U.S. Patent No. 8,304,588 are unpatentable.

Clerical Errors Forgiven

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In SCHOTT Gemtron Corporation v. SSW Holdings Company, Inc., IPR2014-00367, Paper 30 (September 22, 2014), the Board forgave a clerical error that resulted in the petitioner’s expert declaration not being filed until January 21, and accorded the Petition a filing date of January 18, when the rest of Petitioner’s papers were filed.  The Board was satisfied that the delay was the result of a clerical error, and noted that similar clerical errors had been forgiven in the past, citing Conmed Corp. v. Bonutti Skeletal Innovations LLC, IPR2013-00624 (February 21, 2014) (Paper 18); Syntroleum Corp. v. Neste Oil Oyj, IPR2013-00178 (July 22, 2013) (Paper 21); ABB Inc. v. Roy-G-Biv Corp., IPR2013-00063, (January 16, 2013) (Paper 21).

September 22, 2014

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New Filings

CB Distributors, Inc., filed IPR2014-01529 challenging U.S. Patent No. 8,689,805 assigned to Fontem Holdings 1 B.V.

Dispositions

In Sony Corporation v. Yissum Research Development Company of the Hebrew University of Jerusalem, IPR2013-00219, Paper 60 (September 22, 2014), the Board held that claims 1–4, 7, 10, 20, 27–29, and 36–38 (all of the challenged claims) of U.S. Patent No. 7,477,284 were unpatentable.

 

September 19, 2014

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Institution Decisions

In Mercedes-Benz USA, LLC v. American Vehicular Sciences LLC, IPR2014-00644, Paper 12 (September 19, 2014) the Board instituted inter partes review of claims 1–3, 11–20, 23, 27, 50, 51, 54, 60, and 61 of U.S. Patent No. 6,746,078, but not as to challenged claims 54-59.

Dispositions

In Research In Motion Corporation v. NXP B.V., IPR2013-00232, Paper 25 (September 19, 2014), the Board issued its Final Written Decision finding that claims 1–4 of U.S. Patent No. 5,639,697 (all of the challenged claims) have been shown to be unpatentable by a preponderance of the evidence.

Oh, Behave!

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In Finjan, Inc. v. FireEye, Inc., IPR2-14-00344, Paper 27, IPR2014-00492, Paper 18,  (September 18, 2014), the Board admonished the parties for their conduct of the proceeding:

We also take this opportunity to observe a general lack of courtesy and decorum from counsel for both parties. See Ex. 2004, 99:20–102:10; 164:14–165:22. The parties are strongly cautioned to follow all rules applicable to this proceeding, including that “[e]very party must act with courtesy and decorum, . . . including in interactions with other parties.” 37 C.F.R. § 42.1(c).

The trigger no doubt was the parties’ conduct at depositions,.  The Board specifically instructed the parties:

in any future deposition in this proceeding, the parties shall refrain from interrupting each other and the witness, and shall not make speaking objections. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug. 14, 2012). In particular, counsel must not make objections or statements that suggest an answer to a witness and objections should be limited to a single word or term. Id. (emphasis added). Objections to form are properly stated as “Objection, form.”

 

 

September 18. 2014

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Dispositions

In SAP America, Inc. v. Arunachalam, IPR2013-00194, Paper 60 (September 18, 2014), the Board issued a Final Written Decision finding that claims 1–6, 10–12, 14–17, and 35 of U.S. Patent No. 8,037,148 (all of the challenged claims) are unpatentable.

In SAP America, Inc. v. Arunachalam, IPR2013-00195, Paper 67 (September 18, 2014), the Board issued a Final Written Decision finding that claims 1–8 and 10–12 of U.S. Patent No. 8,108,492 (all of the challenged claims) are unpatentable.

 

 

September 12, 2014

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Institution Decisions

In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00736, Paper 10 (September 12, 2014), the Board instituted inter partes review of claims 1–7 of U.S. Patent No. 6,676,446.

In Histologics, LLC v. CDx Diagnostics, Inc., IPR2014-00779, Paper 6 (September 12, 2014), the Board denied inter partes review of U.S. Patent No. 6,258,044  as barred under 35 USC 315(b).

Dispositions

In Apex Medical Corp. v. ResMed Limited, IPR2014-00551, Paper 11 (September 12, 2014), the Board terminated the inter partes review on the joint motion of the parties.

In Dynamic Drinkware LLC, v, National Graphics, Inc., IPR2013-00131, Paper 42 (September 12, 2014), the Board  found that Petitioner has failed to prove by a preponderance of the evidence that claims 1 and 12 of U.S. Patent No. 6,635,196 (the only claims at issue) are unpatentable.

In Sealed Air Corporation v. Pregis Innovative Packaging, Inc., IPR2013-00554, IPR2013-00555, IPR2013-00556, IPR2013-00557, and IPR2013-00558, (September 12, 2014) the Board terminated the inter partes reviews on the joint motion of the parties.

Pantech Wireless, Inc. v. Feher, IPR2014-00769, Paper 14 (September 12, 2014), the Board denied inter partes review on the joint motion of the parties.

In Google Inc.v. Inventor Holdings, LLC, CBM2014-00002, Paper 38 (September 12, 2014), the Board entered judgment cancelling claims 1, 2, 5, 10, 11, 23, 24, 32, and 33 of U.S. Patent No. 5,844,270, on the patent owner’s motion.

In Google Inc.v. Inventor Holdings, LLC, CBM2014-00003, Paper 34 (September 12, 2014), the Board entered judgment cancelling claims 1 -4, 9-11, 19, 24, 27, 28, 31, 32, and 65 of U.S. Patent No. 5,844,272, on the patent owner’s motion.

In Mohawk Resources Ltd. v. Vehicle Service Group LLC, IPR2014-00464, Paper 15 (September 12, 2014), the Board terminated the inter partes review on the joint motion of the parties.

In Apex Medical Corp. v. ResMed Limited, IPR2013-00512, Paper 27 IPR2013-00512, Paper 29,IPR2013-00514 Paper 27IPR2013-00515, Paper 27, IPR2013-00516, Paper 29,(September 12, 2014) the Board terminated the Inter Partes reviews on the joint motion of the parties.

Rehearing Decisions

In Finisar Corp. v. Thomas Swan & Co., Ltd., IPR2014-00460, Paper 12 (September 12, 2014), the Board denied rehearing of the decision not to institute inter partes review of U.S. Patent No. 7,145,710, finding that the patent owner successfully antedated the prior art.

 

September 11, 2014

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Institution Decisions

In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., IPR2014-00488, Paper 17 (September 11, 2014), the Board instituted inter partes review of claims 1–9 of U.S. Patent No. 7,769,605 (“all of the challenged claims).

In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., IPR2014-00691, Paper 17 (September 11, 2014), the Board instituted inter partes review of claims claims 1–29 of U.S. Patent No. 7,870,249 (“all of the challenged claims).

In Safeway, Inc. v. Kroy IP Holdings, LLC, IPR2014-00685, Paper 11 (September 11, 2014), the Board denied institution of inter partes reviews of claims 1 and 19–25 of U.S. Patent No. 7,054,830 (“all of the challenged claims”).

Dispositions

In PCT International, Inc. v. Amphenol Corporation, IPR2013-00229, Paper 30 (September 11, 2014), the Board found claims 1–13 and 16–18 of U.S. Patent No. 7,544,094 (all of the challenged claims) unpatentable.

Decision on Rehearing

In Schrader International, Inc. v. Wasica Gmbh, IPR2014-00476, Paper 14 (September 11, 2014), the Board denied petitioner’s request for rehearing of the refusal to institute inter partes review of claim 11, the Board having instituted inter partes review of claims 1-10 and 12-21 of U.S. Patent No. 5,602,524.

 

September 10, 2014

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Motorola Mobility LLC v. Intellectual Ventures I LLC, IPR2014-00500, Paper 12 (September 10, 2014) instituted inter partes review of claims 1, 4–6, 8, 10, 13–15, 17, 21, 24–26, 28, 30, 33–35, 37, 39, and 40 of U.S. Patent No. 5,790,793.