Monthly Archives: July 2015
Granting Motions to Seal Tailored to Confidential Information IPR2014-00488, IPR2014-00607
In its Decision, the Board granted Medtronic’s motion to seal certain papers. Specifically, Medtronic moved to permanently seal three documents that were filed under seal: (1) Medtronic’s response to Bosch’s request for production and interrogatory; (2) certain portions of the Declaration of Peter Shimabukuro; and (3) a portion of its Opposition to the Motion to Terminate. Medtronic argued that these papers contain confidential details concerning Medtronic’s acquisition of Cardiocom. Bosch did not oppose or join Medtronic’s motion, taking no position. Continue reading
Final Written Decision Finding Most Claims Anticipated IPR2014-00476
In its Final Written Decision, the Board found that Petitioner had sufficiently demonstrated that claims 1-5, 10, 12-19, and 21 of the ‘524 patent are unpatentable. At the same time, the Board found that Petitioner had failed to establish sufficiently that claims 6 and 9 of the ‘524 patent are unpatentable.
Final Written Decision Finding Claim Limitation Not Inherently Disclosed IPR2014-00360
In its Final Written Decision, the Board found that Petitioner had not established by a preponderance of the evidence that any challenged claim of the ’216 patent is unpatentable, and therefore dismissed the contingent Motion to Amend. The Board also denied the parties’ Motions to Exclude Evidence, granted Patent Owner’s Motion for Entry of Protective Order, granted-in-art Patent Owner’s First Motion to Seal, and granted Patent Owner’s Second Motion to Seal. Continue reading
Denying Rehearing of Decision Not To Institute Trial Based on Claim Construction IPR2015-00249
Board's claim construction based on allegedly indefinite industry standard not improper.
In its Decision, the Board denied a request for reconsideration of the Board’s Decision not to institute trial with regard to claims 20-23 of the ’468 patent (while instituting trial for claims 1-3, 7, and 9). Claims 20-23 had been challenged on two grounds of obviousness. Petitioner argued that “the Board’s decision not to institute was based upon a legally erroneous construction of the term ‘aseptic.’” Further, even using the Board’s construction of “aseptic,” Petitioner argued that the Board’s decision was based on erroneous factual findings. The Board denied Petitioner’s request. Continue reading
Denying Request to File Corrected Patent Owner Response Removing Citations to Expunged Exhibit CBM2014-00133, 135
In its Order, the Board granted Patent Owner’s request to expunge an exhibit and denied Petitioner’s request that Patent Owner be ordered to file a corrected Patent Owner Response. Continue reading
Final Written Decision Canceling all Challenged Claims and Denying Entry of any Substitute Claims IPR2014-00242
In its Final Written Decision, the Board granted Patent Owner’s Motion to Amend as to the request to cancel claims 1-3, 5, and 6 of the ’047 patent. However, the Board denied the Motion to Amend as to the request to add proposed substitute claims 7-11. Continue reading
Final Written Decision Finding All Challenged Claims Unpatentable as Obvious
In its Final Written Decision, the Board held that claims 8-11, 14, and 18 of the ’566 patent are unpatentable. The ’566 patent relates to a computer with a display for user interaction before, during, and after a game. Continue reading
Granting Institution Based on Means-Plus-Function Construction CBM2015-00061
In its Decision, the Board found that Petitioner had shown a reasonable likelihood that it would prevail with respect to claims 1 and 2 of the ‘387 patent under 35 U.S.C. §§ 112 ¶ 2, 102(b), and 103(a). The ‘387 patent “generally relates to the conditional trading of securities, such as convertible bond ‘swaps,’ risk arbitrage, and combinations thereof in both listed and over-the-counter markets, via one or more electronic networks.” Petitioner challenged claims 1 and 2 under various grounds, including §§ 101, 102(b), 103(a), and 112 ¶ 2. Continue reading
Final Written Decision Finding Claims Unpatentable as Obvious Over Evidence of Copying
Square, Inc. v. REM Holdings 3, LLC
In its Final Written Decision, the Board held that claims 1, 2, 6, 7, and 10-17 of the ’946 patent are unpatentable and that Petitioner had not shown the requisite burden of proof regarding the unpatentability of claims 3-5, 8, and 9. Continue reading