Takeaway: The Board may refuse to adopt a district court claim construction ruling, even if the Board considers the construction under the Phillips standard.
In its Final Written Decision, the Board determined that all of the challenged claims of the ’740 Patent are unpatentable, and denied Patent Owner’s Motion to Amend. The ’740 Patent relates generally “to a method and system for entering data relating to an insurance claim for a damaged vehicle,” wherein the “data is processed into a valuation report that is transmitted through the world wide web.”
Takeaway: In a set of related proceedings with different petitioners, the Board authorized a motion and oppositions thereto discussing whether documents held by non-parties in some of the proceedings and related to secondary considerations should be compelled as additional discovery.
In a first Order, the Board granted authorization for Patent Owner to file a 7-page motion for additional discovery and for Petitioner and two third parties whose documents had been requested and who are Petitioners in related proceedings each to file a 7-page opposition. In a second Order, the Board granted Patent Owner’s request for an enlargement of time to file its Response in each of the instant proceedings such that if Patent Owner’s motion for additional discovery is denied, it will get 5 business days to file its Response and if Patent Owner’s motion for additional discovery is granted, it will get 5 business days from the day the production is complete to file its Response. Continue reading
Takeaway: In determining that a Petition had incorporated by reference 10 pages from other documents, the Board declined to consider the last 10 pages of the Petition, which resulted in granting institution of some grounds of unpatentability, but the incomplete analysis for some additional grounds resulted in those grounds not being instituted.
In its Decision, the Board granted institution of inter partes review of each of the challenged claims 1-25 of the ’811 patent, because the Board determined Petitioner had demonstrated a reasonable likelihood that it would prevail in showing the unpatentability of each of those claims. The ’811 patent “is directed to methods and devices for detecting a position-based attribute of a finger, stylus, or other object with a touchpad or other sensor having a touch-sensitive region that includes a plurality of electrodes.” Continue reading
Takeaway: If a petitioner relies upon the same arguments that were found unpersuasive in a final written decision in a prior IPR of a similar patent, then the Board may use its discretion to deny institution.
In its Decision, the Board denied institution of inter partes review of any of the challenged claims (1-30) of the ’162 Patent. The ’162 Patent is directed to lightweight fabrics that provide protection from heat, flame, and electrical arc.