In its Final Written Decision, the Board found that Petitioner had shown by a preponderance of the evidence that claims 1-14 of the ’937 patent are unpatentable. The Board also addressed certain Motions to Exclude that Petitioner had filed, and denied Patent Owner’s Motion to Amend. Continue reading
Monthly Archives: February 2015
Final Written Decision CBM2013-00037
Denying Joinder and Institution IPR2015-00118
In its Decision, the Board denied institution of inter partes review and denied Petitioner’s Motion for Joinder. Petitioner had filed a motion requesting joinder to IPR2014-00519, in which the Board instituted inter partes review from some claims, but denied review of other challenged claims. The ’580 patent relates to “a data communications system in which a plurality of modulation methods are used to facilitate communication among a plurality of modem types.” Continue reading
Clarifying Distinction Between Supplemental Information and Evidence IPR2014-01208
In its Order, the Board addressed four topics that were discussed during a conference call between the parties: “(a) the scheduling order, (b) refiling of exhibits, (c) Petitioner’s request to file supplemental information, and (d) Patent Owner’s request to file supplemental information.” Continue reading
Order Regarding Translator Declarations CBM2014-00131, CBM2014-00137
In its Order, the Board resolved a dispute between the parties concerning whether Patent Owner is permitted to depose individuals who translated one of the references that forms the basis for the Board’s institution of review. In particular, the Board ordered Petitioner to file the declarations of individuals who translated portions of the prior art reference, ordered that Patent Owner is authorized to cross examine the individuals who translated the reference, and denied Petitioner’s request to file a motion for additional discovery. Continue reading
Final Written Decision IPR2013-00479
In its Final Written Decision, the Board found that Petitioner had shown by a preponderance of the evidence that all challenged claims (claims 18-20, 45, 48, 49, 51, and 54) of the ‘494 patent are unpatentable. The ‘494 patent “relates to computerized research on databases” and “discloses that it improves search methods by indexing data using proximity indexing techniques.” Continue reading
Denying Motion to Terminate IPR2014-00220, 221, 222, 227
In its Decision, the Board denied Patent Owner’s Motion to Terminate. Patent Owner had argued that the failure by Petitioner to timely identify Valeo North America, Inc. as a real-party-in-interest warranted termination of the proceedings; but the Board disagreed. Continue reading
Order on Request to Expunge Evidence or Argument CBM2014-00182
In its Order, the Board ruled on Petitioner’s request that the Board expunge certain exhibits from the record and strike any corresponding argument in Patent Owner’s Preliminary Response. According to Petitioner, the exhibits and Preliminary Response included new testimonial evidence in violation of 37 C.F.R. 42.207(c). Continue reading
Final Written Decision IPR2013-00480
4 challenged claims not found unpatentable; 1 claim found unpatentable; and 5 claims canceled by Patent Owner
In its Final Written Decision, the Board determined that Petitioner had shown by a preponderance of the evidence that claim 14 of the ’494 patent is unpatentable. The Board determined that Petitioner had not shown that claims 1, 5, 15, and 16 of the ’494 patent are unpatentable, however. The Board also granted Patent Owner’s Motion to Amend canceling claims 8, 10, 11, 35, and 40 of the ’494 patent, and denied Patent Owner’s Motion to Exclude the Reply Declaration of Dr. Edward A. Fox (Exhibit 1028). Continue reading
Decision Denying Rehearing IPR2014-00987
In its Decision, the Board denied Petitioner’s request for rehearing of the Board’s decision instituting review of the challenged claims under one ground, but denying institution of review over the second ground. Petitioner argued “that (1) 35 U.S.C. § 314(a) does not provide statutory authority to deny Ground 2 without substantive analysis; (2) the application of 37 C.F.R. § 42.108(a) was an abuse of discretion; (3) estoppel effects mandate full consideration of Ground 2; (4) 35 U.S.C. § 315(d) suggests that multiple grounds of rejection should be evaluated substantively; (5) Ground 2 is not redundant or duplicative; and (6) it would be premature to deny Ground 2 without trial.” The Board did not find any of these arguments persuasive. Continue reading
Final Written Decision IPR2013-00468
In its Final Written Decision, the Board held that Petitioner had demonstrated by a preponderance of the evidence that all of the challenged claims 1-37 of the ’192 patent are unpatentable as obvious over Wright Jr. alone or in combination with Goodman. The ’192 patent relates to a networked system for remotely monitoring individuals and for communicating information to the individuals through the use of script programs. Continue reading