In Zerto, Inc. v. EMC Corporation, IPR2014-01295, Paper 10 (November 25, 2014), the Board granted in part patent owner’s motion for additional discovery regarding the real party in interest, one of the few areas where the Board has allowed discovery.
Monthly Archives: November 2014
November 25, 2015
Institution Decisions
In Excelsior Medical Corporation v. Becton, Dickinson and Company, IPR2014-00880, Paper 12 (November 25, 2014), the Board instituted inter partes review of claims 10, 12, and 14 of US Patent No. 8,740,864 (but not as to challenged claims 11 and 13.
Disposition
In Sequenom, Inc, v, The Board of Trustees of The Leland Stanford Junior University, IPR2-12-00390, Paper 45 (November 25, 2014), the Board issued a Final Written Decision that claims 1–17 of U.S. Patent No. 8,195,415 were not unpatentable.
Too Little, Too Late for Settlement
In salesforce.com, Inc. v. VirtualAgility Inc., CBM2013-00024 (November 24, 2014), the Board denied patent owner’s request for authorization to file a Motion to Vacate the Final Written Decision and to Terminate the Proceeding after the Final Written decision has been Vacated. The Board noted that under 35 U.S.C. § 327(a), it may continue to completion of trial to render judgment even if the parties have settled and the proceeding is terminated with respect to each petitioner, and reasoned that if it can proceed to issuance of a Final Written Decision despite settlement, then an already issued Final Written Decision should not be vacated based on settlement between the parties.
November 24, 2014
New Filings
Pfizer, Inc. filed IPR2015-00293 challenging U.S. Patent No. 8,173,127, assigned to Intellect/Neurosciences, Inc.
World Bottling Cap, LLC filed IPR2015-00296 challenging U.S. Patent No. 8,550,271, assigned to Deutsche Bank AG.
Institution Decisions
In Yamaha Corporation of America v. Black Hills Media, LLC, IPR2014-00766, Paper 7 (November 24, 2014), the Board instituted inter partes review of claims 4, 5, 33, and 34 of U.S. Patent No. 8,214,873 (all of the challenged claims).
In Arris Group, Inc. v. C-Cation Technologies, LLC, IPR2014-00746, Paper 22 (November 24, 2014), the Board instituted inter partes review of claim 14 of U.S. Patent No. 5,563,883 (but not challenged claims 1, 3, and 4).
In CareCloud Corporation v. athenahealth, Inc., CBM2014-00143, Paper 7, (November 24, 2014), the Board instituted covered business method review of claims 1-20 of U.S. Patent No. 7,617,116.
Dispositions
In Accord Healthcare, Inc. v. Helsinn Healthcare S.A., IPR2014-00010, Paper 10 (November 24, 2014), the Board terminated the inter partes review on the joint motion of the parties.
In Callidus Software, Inc. v. Versata Development Group, Inc., CBM2013-00052, Paper 50, CBM2013-00053, Paper 46, CBM2013-00054, CBM2014-00117, CBM2014-00118 (November 24, 2014), the Board terminated the covered business method review on the joint motion of the parties, affecting U.S. Patent Nos. 7,904,326, 7,958,024, 7,908,304, 7,908,304, and 7,958,024.
November 21, 2014
New Filings
Microboards Technology, LLC filed IPR2015-00284 challenging U.S. Patent No. 5,866,058 assigned to Stratasys Inc.
Artsana USA, Inc., filed IPR2015-00286 challenging U.S. Patent No. 8,764,612 assigned to Kolcraft Enterprises, Inc.
Microboards Technology, LLC filed IPR2015-00287 challenging U.S. Patent No. 6,004,124 assigned to Stratasys Inc.
Microboards Technology, LLC filed IPR2015-00288 challenging U.S. Patent No. 8,349,239 assigned to Stratasys Inc.
Institution Decisions
In Canon Inc. v. Intellectual Ventures I LLC, IPR2014-00757, Paper 8, (November 21, 2014), the Board instituted inter partes review of claims 1–20 of U.S. Patent No. 8,300,285 (all of the challenged claims).
Dispositions
Corning Optical Communications RF v. PPC Broadband, Inc., IPR2014-00346 (November 21, 2014), the Board issued a Final Written Decision that claims 1–8, 10–16, and 18–31 of U.S. Patent No. 8,287,320 are unpatentable.
Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00342, Paper 49 (November 21, 2014), the Board issued a Final Written Decision that claims 10–25 of U.S. Patent No. 8,323,060 are unpatentable.
November 20, 2014
New Filings
Zetec, Inc. filed IPR2015-00280 challenging U.S. Patent No. 6,823,269, assigned to Westinghouse Electric Co LLC.
Google Inc. filed IPR2015-00283 challenging U.S. Patent No. 6,038,295 assigned to TLI Communications LLC.
Institution Decisions
In BLD Services, LLC v. LMK TECHNOLOGIES, LLC, IPR2014-00768, Paper 11, (November 20, 2014), the Board instituted inter partes review of claims 9, 10, 13–15, and 27–42 of U.S. Patent No. 7,975,726 (but not as to challenged claims 1–8, 11, 12, and 16–26).
In BLD Services, LLC v. LMK TECHNOLOGIES, LLC, IPR2014-00770, Paper 13, (November 20, 2014), the Board instituted inter partes review of claims 1 and 5–37 of U.S. Patent No. 8,667,991, (but not as to challenged claims 2, 3, and 4).
In BLD Services, LLC v. LMK TECHNOLOGIES, LLC, IPR2014-00772, Paper 13, (November 20, 2014), the Board instituted inter partes review of claims 1–16 (all of the challenged claims) of U.S. Patent No. 8,667,992.
The Gillette Co., v. Zond, LLC, IPR2014-01020, Paper 12, (November 20, 2014), the Board instituted inter partes review of claims 16, 28, 41, 42, 45, and 46 of U.S. Patent No. 6,805,779 (all of the challenge claims).
In The Gillette Co., v. Zond, LLC, IPR2014-01022, Paper 12, (November 20, 2014), the Board instituted inter partes review of claims 30–37, 39, and 40 of U.S. Patent No. 6,805,779 (all of the challenge claims).
In The Gillette Co., v. Zond, LLC, IPR2014-01025, Paper 12, (November 20, 2014), the Board instituted inter partes review of claims 7, 9, 20, 21, 38, and 44 of U.S. Patent No. 6,805,779 (all of the challenge claims).
In Canon Inc. v. Intellectual Ventures I LLC, IPR2014-00757, Paper 8 (November 21, 2014) the Board instituted inter partes review of claims 1–20 of U.S. Patent No. 8,300,285.
In Canon Inc. v. Intellectual Ventures I LLC, IPR2014-00952, Paper 8 (November 21, 2014) the Board denied inter partes review of claims 1–20 of U.S. Patent No. 8,300,285.
In Ford Motor Company v. Paice LLC, IPR2014-00852, Paper 11, the Board denied inter partes review of claims 1–3, 5, 6, 19, 27, 40, and 58 of U.S. Patent No. 7,455,134.
Dispositions
In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00340, Paper 77 (November 21, 2014), the Board issued a Final Written Decision that claims 1–9 of U.S. Patent No. 8,323,060 are unpatentable.
In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00345, Paper 76 (November 21, 2014), the Board issued a Final Written Decision that claims 7–27 of U.S. Patent No. 8,313,353 are unpatentable.
In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2013-00347, Paper 79 (November 21, 2014), the Board issued a Final Written Decision that claims 9, 17, and 32 of U.S. Patent No. 8,287,320 are unpatentable.
In Dell, Inc. v. Selene Communication Technologies, LLC, IPR2014-01411, Paper 21 (November 21, 2014) the Board terminated the proceeding on the joint Motion of the Parties.
November 19, 2014
Institution Decisions
In Advanced Micro Devices, Inc.. v. Zond, LLC, IPR 2014-01072, Paper 11 (November 19, 2014), the Board instituted inter partes review of claims 16, 28, 41, 42, 45, and 46 of U.S. Patent No. 6,805,779 (all of the challenged claims).
In Toshiba Corporation v. Zond, LLC, IPR2014-01070, Paper 11 (November 19, 2014), the Board instituted inter partes review of claims 30–37, 39, and 40 of U.S. Patent No. 6,805,779.
In Toshiba Corporation v. Zond, LLC, IPR2014-01074, Paper 11 (November 19, 2014), the Board instituted inter partes review of claims 7, 9, 20, 21, 38, and 44 of U.S. Patent No. 6,805,779.
In Gillette Company v. Zond, LLC, IPR2014-01019, Paper 13 (November 19, 2014), the Board instituted inter partes review of claims 5, 6, 8, 19, 22, 23, and 43 of U.S. Patent No. 6,805,779.
Dispositions
In Ricoh Americas Corp. v. MPHJ Technology Investments, LLC, IPR2013-00302, the Board issued a Final Written Decision that claims 1–5 and 7–11 of U.S. Patent No. 7,986,426 (but not challenged claim 6) were unpatentable.
In Hayward Industries, Inc. v. Pentair Ltd., IPR2013-00285, Paper 47 (November 19, 2014), the Board issued a Final Written Decision that claim 12 of U.S. Patent No. 8,019,479 (the only challenged claim) was unpatentable.
In Hayward Industries, Inc. v. Pentair Ltd., IPR2013-00287, Paper 43 (November 19, 2014), the Board issued a Final Written Decision that claim 1 of U.S. Patent No. 7,704,051 (the only challenged claim) was unpatentable.
In Hewlett-Packard Company v. MPHJ Technology Investments, LLC, IPR2013-00309, Paper 35 (November 19, 2014), the Board issued a Final Written Decision that claims 1–12, 14, and 15 of U.S. Patent No. 6,771,381 (but not challenged claim 13) were unpatentable.
In SAP America Inc. v. Clouding Corp., IPR2014-00299, Paper 24 (November 19, 2014), the Board terminated the proceeding on the joint motion of the parties.
In SAP America Inc. v. Clouding Corp., IPR2014-00300, Paper 21 (November 19, 2014), the Board terminated the proceeding on the joint motion of the parties.
In SAP America Inc. v. Clouding Corp., IPR2014-00308, Paper 20 (November 19, 2014), the Board terminated the proceeding on the joint motion of the parties.
Novemer 18, 2014
Institution Decisions
In Fujitsu Semiconductor v. Zond, LLC, IPR2014-00918, Paper 13 (November 18, 2014), the Board instituted inter partes review of claims 5, 6, 8, 19, 22, 23, and 43 of U.S. Patent No. 6,805,779.
In Fujitsu Semiconductor v. Zond, LLC, IPR2014-00856, Paper 13 (November 18, 2014), the Board instituted inter partes review of claims 30–37, 39, and 40 of U.S. Patent No. 6,805,779.
Disposition
Focal Therapeutics, Inc. v. SenoRx, Inc., IPR2014-00116, Paper 32 (November 18, 2104), the Board terminated the inter partes review on the joint motion of the parties.
November 7, 2014
New Filings
2Wire Inc. filed IPR2015-00239 challenging U.S. Patent No, 7,471,721 assigned to TQ Delta, LLC.
2Wire Inc. filed IPR2015-00240 challenging U.S. Patent No, 8,090,008 assigned to TQ Delta, LLC.
2Wire Inc. filed IPR2015-00241 challenging U.S. Patent No, 8,073,041 assigned to TQ Delta, LLC.
2Wire Inc. filed IPR2015-00242 challenging U.S. Patent No, 8,218,610 assigned to TQ Delta, LLC.
2Wire Inc. filed IPR2015-00243 challenging U.S. Patent No, 8,355,427 assigned to TQ Delta, LLC.
2Wire Inc. filed IPR2015-00247 challenging U.S. Patent No, 7,292,627 assigned to TQ Delta, LLC.
Institution Decisions
In CustomPlay, LLC v. ClearPlay, Inc., IPR2014-00783, Paper 9 (November 7, 2014), the Board denied inter partes review of claims 1–43 (all of the claims) of U.S. Patent No. 7,577,970.
Dispositions
In SDI Technologies, Inc. v. Bose Corporation, IPR2013-00350, Paper 36 (November 7, 20140, the Board issued a Final Written Decision finding claims 1–21, 24, 27, 28, 30–48, 51, 54, 62, 63, 67–70, 73, 74, and 76 (all of the challenged claims) of U.S. Patent 8,401,682 unpatentable.
In SDI Technologies, Inc. v. Bose Corporation, IPR2013-00465, Paper 40 (November 7, 20140, the Board issued a Final Written Decision finding claims 1–21, 24, 27, 29–47, 50, 63, 64, 68– 70, 73, 74, 77, and 78 (all of the challenged claims) of U.S. Patent 8,364,295 unpatentable.
In Symantec Corporation v. RPOST COMMUNICATIONS LIMITED, IPR2014-00357, Paper 21 (November 7, 2014), the Board issued a final written decision, cancelling claims 9-20 of U.S. Patent 8,468,199 on the patentee’s motion.
In Game Show Network, LLC v. John Stephenson, IPR2013-00289, Paper 51 (November 7, 2014), the Board issued a Final Written Decision finding claims 1–19 of U.S. Patent No. 6,174,237 unpatentable.
Joinder Decisions
In The Gillette Company v. Zond LLC, IPR2014-00604, Paper 12 (November 7, 2014) the Board granted Taiwan Semiconductor Manufacturing Company, Ltd., TSMC North America Corp., Fujitsu Semiconductor Limited, and Fujitsu Semiconductor America motion to join IPR2014-01482 with IPR2014-00604.
November 6, 2014
New Filings
Lord Corporation filed IPR2015-00246 challenging U.S. Patent No. 8,373,559.
Institution Decisions
In Compass Bank v. Intellectual Ventures II, IPR2014-00724, Paper 12 (November 6, 2014), the Board instituted inter partes review of claims 18–31 (the “challenged claims”) of U.S. Patent No. 5,745,574.
Rehearing Decisions
In Sony Corporation v. YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW UNIVERSITY OF JERUSALEM, IPR2013-00218, Paper 55 (November 6, 2014), the Board denied rehearing of its Final Written Decision finding certain claims unpatentable.
In Sony Corporation v YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW UNIVERSITY OF JERUSALEM, IPR2013-00219, Paper 62 (November 6, 2014), the Board denied rehearing of its Final Written Decision finding certain claims unpatentable.
In Sony Corporation v YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW UNIVERSITY OF JERUSALEM, IPR2013-00327, Paper 17 (November 6, 2014), the Board denied rehearing of its Final Written Decision finding certain claims unpatentable.
In Sony Corporation v YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW UNIVERSITY OF JERUSALEM, IPR2013-00326, Paper 19 (November 6, 2014), the Board denied rehearing of its Final Written Decision finding certain claims unpatentable.
In Dorman Products, Inc., v, Paccar Inc., IPR2014-00542, Paper 12, (November 6, 2014), the Board denied rehearing of its decision not to institute IPR of US Patent No. D525,731.