In its Final Written Decision, the Board found that Petitioner demonstrated by a preponderance of the evidence that claims 7, 8, 26, and 27 of the ’947 patent are unpatentable. The ’947 patent “describes a method and system for making loans such as mortgages.” Continue reading
Category Archives: Claim Construction
No Nexus When The Commercial Success Is Dependent On An Element In The Prior Art IPR2014-01240
Takeaway: If commercial success is due to an element in the prior art, no nexus exists.
In its Final Written Decision, the Board determined that claims 1-17 of the ’268 patent are unpatentable under the asserted grounds. Continue reading
Denying-in-Part Institution on Incorporation by Reference Grounds IPR2015-01739
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
Denying Rehearing of Decision Not to Institute Based on Lack of Showing of Abuse of Discretion IPR2015-01086
In its Decision, the Board denied Petitioner’s Request for Rehearing of the Decision not to institute trial on both grounds: (1) claims 1, 2, and 8 as anticipated by Nieboer; and (2) claims 1-13 as unpatentable as obvious over Nieboer and Kolter. When rehearing a decision on institution, an abuse of discretion standard is applied, and an abuse of discretion is “indicated if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if the decision represents an unreasonable judgment in weighing relevant factors.” Continue reading
Denying Request for Rehearing that included Argument Not Previously Raised IPR2015-01022
Denying Institution where Indirect Application of Signal Found to be Outside of Claim Scope IPR2015-01464
Granting Institution Despite Request for Consideration of Previously-Submitted Prior Art IPR2015-01557
In its Decision, the Board determined Petitioner had established a reasonable likelihood of establishing that claims 10 and 14 of the ’188 patent are unpatentable. The ’188 patent “is directed to a memory card that includes both a device connector, conforming to a device connection standard, and a host connector, conforming to a host connection standard.” Continue reading
Granting-in-Part Petitioner’s Request for Rehearing IPR2015-00710
Takeaway: Petitioner persuaded a majority of the panel that although its arguments in the Petition were drawn to a claim construction that was not adopted, the Board had overlooked certain arguments that demonstrated a reasonable likelihood claims were anticipated even under the Board’s construction of the claims. Continue reading
All Challenged Claims Found Unpatentable Over Unpersuasive Secondary Considerations IPR2014-01161
In its Final Written Decision, the Board determined that Petitioner had demonstrated by a preponderance of the evidence that claims 1 and 3 of the ’920 patent are unpatentable. Continue reading
Final Written Decision Finding Some Claims Not Unpatentable For Use of Non-Analogous Art IPR2014-01079
In its Final Written Decision, the Board found that Petitioner had shown by a preponderance of the evidence that claims 1, 3, 6-9, 12-16, 20, and 21 of the ’949 patent are unpatentable as anticipated, but had not demonstrated that claims 2, 4, 10, 11 ,17, and 25 are unpatentable. The ’949 patent relates to “a variable movement headrest arrangement for providing support to the head of an occupant of a vehicle upon vehicle impact.” Continue reading