“Qualcomm confronted two establishment selections, including to the authorized troubles the corporate has confronted just lately in implementing its mental property.”
Final week on the USPTO Patent Trial and Attraction Board (PTAB), 23 establishment selections have been issued based mostly on petitions to problem the validity of patents by way of inter partes assessment (IPR) proceedings. Solely 4 petitions have been denied establishment, whereas 4 of these instituted have been joined to different IPR proceedings already ongoing on the PTAB. Qualcomm confronted two establishment selections, including to the authorized troubles the corporate has confronted just lately in implementing its mental property. Apple secured three profitable selections to institute, together with two IPRs which might be joined to different proceedings introduced by HTC Company. Visa, Netflix and Visitor Tek Interactive Leisure additionally noticed successes with their IPR petitions, whereas ResMed had two petitions instituted and two denied by the PTAB.
Wednesday, Might 29
Intel Company v. Qualcomm Included
A PTAB panel voted to institute two IPR petitions introduced by Intel Company to problem the validity of Qualcomm Included’s patent claims. In IPR2019-00128 , claims 1, 7, eight, 11, 17 and 18 of Qualcomm’s U.S. Patent No. 9154356, Low Noise Amplifiers for Service Aggregation, are at difficulty. The PTAB instituted the IPR based mostly on Intel’s allegations of anticipation over U.S. Patent Software 20120056681, Sign Amplification Circuits for Receiving/Transmitting Alerts In response to Enter Sign (Lee), in addition to obviousness over Lee and a 2009 feasibility research on additional advances for LTE networks. In IPR 2019-00129 , the PTAB instituted IPR proceedings on claims 2 by way of 6 and declare 10 of Qualcomm’s ‘356 patent. Intel challenged claims 2 via 6 on Part 102 grounds over Lee after which Part 103 grounds over Lee and the 2009 feasibility research. Declare 10 is challenged on Part 103 grounds over Lee, the 2009 feasibility research, and a 2010 technical paper describing an attenuator appropriate for cellular TV purposes (Youssef).
Each establishment selections determine the ‘356 patent as asserted by Qualcomm each in a Southern District of California case towards Apple and an Worldwide Commerce Fee (ITC) investigation towards Apple. The district courtroom continuing has been dismissed and the ITC continuing was terminated by each events. There have been 4 different petitions for IPR proceedings on the ‘356 patent.
Thursday, Might 30
Basis Drugs v. Caris MPI
A PTAB panel voted to institute three IPR proceedings towards claims of three patents owned by Caris MPI based mostly on validity challenges made by Basis Drugs. In IPR2019-00164, Basis is difficult claims of U.S. Patent No. 8880350, System and Technique for Figuring out Individualized Medical Intervention for a Illness State. In IPR2019-00170, Basis is difficult U.S. Patent No. 9372193, and in IPR2019-00171, Basis is difficult U.S. Patent No. 9383365 (the ‘193 and ‘365 patents share the identical title because the ‘350 patent). The PTAB instituted challenges of all 14 claims of those three Caris MPI patents on grounds of obviousness over the mixture of a world patent software filed in 2002 overlaying a molecular diagnostic and computerized choice help system for choosing the optimum remedy for human most cancers (Lu) and a 2005 technical bulletin on RNA profiling utilizing an Illumina microarray. All three of those patents have been asserted by Caris in co-pending district courtroom litigation.
On the identical day, the PTAB denied a petition for IPR filed by Basis to problem Caris’ U.S. Patent No. 9092392, Molecular Profiling of Tumors. In its choice to disclaim establishment in IPR2019-00165 , the panel of Administrative Patent Judges (APJs) decided that Basis hadn’t adequately defined why an ordinarily expert artisan would have been motivated to sequence the greater than 13,000 genes disclosed by a 2006 scientific article on coding sequences in breast and colorectal cancers to determine a therapeutic agent for a affected person with colorectal most cancers.
ResMed Restricted v. Fisher & Paykel
One other PTAB panel voted to institute two IPR proceedings petitioned by ResMed Restricted, each of which problem claims of Fisher & Paykel’s U.S. Patent No. 9974914, Respiration Help Equipment. This patent was asserted by Fisher & Paykel on the ITC in an investigation of sleep apnea remedy masks methods, though that dispute has been settled. In IPR2019-00172 , the primary eight claims of the ‘914 patent have been challenged as being apparent over the mixture of U.S. Patent Software No. 20050011524, Nasal Interface Equipment (Thomlinson), U.S. Patent Software No. 20040226566, Nasal Meeting (Gunaratnam) and U.S. Patent No. 20050028822, Sealing Nasal Cannula (Sleeper). In IPR2019-00173, ResMed is difficult claims 9 via 28 on Part 103 obviousness grounds over the mixture of Thomlinson and Gunaratnam and claims 11 via 14 underneath Part 103 grounds over the mixture of Thomlinson, Gunaratnam and Sleeper.
On the identical day, the PTAB additionally denied establishment of two IPR proceedings petitioned by ResMed towards the ‘914 patent. Each IPR2019-00177 and IPR2019-00178 relied upon Sleeper as the first prior artwork reference for difficult claims together with Thomlinson, Gunaratnam and U.S. Patent No. 6478026, Nasal Air flow Interface (Wooden). In each IPRs, the APJ panel was unpersuaded that both Sleeper alone or Sleeper in view of Wooden glad declare limitations relating to the primary aspect of the nasal prongs sitting adjoining to a curved user-side portion.
Visa Inc. v. Common Safe Registry, LLC
The PTAB terminated two IPRs petitioned by Visa, Inc. difficult a patent owned by Common Safe Registry after the APJ panel determined to grant Visa’s movement for joinder to IPRs filed by Apple Inc. The IPRs problem claims of Common’s U.S. Patent No. 9100826, Technique and Equipment for Safe Entry Cost and Identification. Each Visa’s IPR2019-00175 and IPR2019-00176 problem the ‘826 patent on the identical single floor of unpatentability raised within the Apple IPRs and depend on the identical prior artwork evaluation in these IPRs. Each Apple and Visa primarily depend upon a world patent software filed in 2003 claiming an id authentication system and technique (Jakobsson) and U.S. Patent Software No. 20040236632, System and Technique for Conducting Monetary Transactions Utilizing a Private Transaction System with Car-Accessed, Cost-Gateway Terminals (Maritzen).
Stay Energy Intelligence Firm NA, LLC v. Genscape Intangible Holding, Inc.
The PTAB instituted an IPR continuing petitioned by Reside Energy Intelligence Firm to problem claims of Genscape Intangible Holding’s U.S. Patent No. 6714000, Technique for Monitoring Energy and Present Move. The ‘000 patent was concerned in a district courtroom patent case between Genscape and Reside Energy which has since been dismissed. In IPR2019-00189 , Reside Energy’s petition challenged claims 1, 9 and 11 of the ‘000 patent on Part 103 grounds based mostly on a mixture of U.S. Patent No. 5473244, Equipment for Measuring Voltages and Currents Utilizing Non-Contacting Sensors (Libove) in view of U.S. Patent No. 5408176, Monitoring and Fault Safety of Excessive Voltage Change Yards (Blatt) and U.S. Patent No. 4709339, Electrical Energy Line Parameter Measurement Equipment and Methods, Together with Compact, Line-Mounted Modules (Fernandes). Reside Energy additionally challenged the ‘000 patent claims based mostly on a mixture of Libove in view of Fernandes and a 1994 IEEE normal procedures doc on procedures for measurement of energy frequency electrical and magnetic fields from alternating present energy strains.
Netflix, Inc. v. Realtime Adaptive Streaming LLC
The PTAB instituted an IPR continuing petitioned by Netflix to problem Realtime Adaptive Streaming’s U.S. Patent No. 7386046, Bandwidth Delicate Knowledge Compression and Decompression. There are 5 pending district courtroom proceedings involving the ‘046 patent, a number of of which contain petitioner Netflix. In IPR2019-00209, Netflix challenges 20 claims of the ‘046 patent based mostly on the mixture of a 1999 Japanese patent software overlaying a system for decoding and reproducing digital audio alerts in actual time (Imai) and U.S. Patent No. 5596602, Knowledge Compression Price Management Technique and Equipment (Couwenhoven).
Visitor Tek Interactive Leisure Ltd. v. Nomadix, Inc.
The PTAB instituted two IPR proceedings petitioned by Visitor Tek Interactive Leisure final week, one on Tuesday, Might 28, and the opposite on Thursday, Might 30. Each IPRs problem patents which were asserted by Nomadix in district courtroom proceedings involving breach of contract claims towards Visitor Tek. The primary trial instituted, IPR2019-00253 , challenges claims 1 and 9 of Nomadix’s U.S. Patent No. 8626922, Methods and Strategies for Dynamic Knowledge Switch Administration on a Per Subscriber Foundation in a Communications Community. These claims are challenged on Part 103 grounds based mostly on three mixtures of prior artwork: U.S. Patent No. 5864540, Technique for Built-in Visitors Shaping in a Packet-Switched Community (Bonomi) and U.S. Patent No. 6587433, Distant Entry Server for A number of Service Courses in IP Networks (Borella); U.S. Patent No. 7392279, Community Visitors Shaping Utilizing Time-Based mostly Queues (Chandran) and a 1998 IEEE challenge report on high quality of Web entry (Rupp); and U.S. Patent No. 5623492, Strategies and Methods for Managing Bandwidth Assets in a Quick Packet Switching Community (Teraslinna) and Bonomi. In IPR2019-00211 , Visitor Tek is difficult claims 1 and 9 of U.S. Patent No. 7953857, similar title because the ‘922 patent, based mostly on the identical mixtures of prior artwork.
William Hill U.S. Holdco, Inc. v. CG Know-how Improvement, LLC
The PTAB instituted three IPR proceedings petitioned by William Hill U.S. Holdco to problem patents owned by CG Know-how Improvement, that are associated to ongoing district courtroom proceedings between the 2 events. In IPR2019-00317 , William Hill is difficult 12 declare of U.S. Patent No. 9269224, Units for Gaming. IPR2019-00319 challenges 18 claims of U.S. Patent No. 9240098, Kiosk for Gaming, and IPR2019-00320 challenges 17 claims of U.S. Patent No. 10096207, similar title because the ‘098 patent. William Hill is difficult claims on Part 102(b) and Part 103(a) grounds, primarily counting on U.S. Patent No. 6612928, Participant Identification Utilizing Biometric Knowledge in a Gaming Surroundings (Bradford), because the prior artwork reference. In all three IPRs, sure claims are challenged based mostly on the mixture of Bradford and U.S. Patent Software No. 20050054417, Gaming Machine With Scanning Functionality (Parrott).
Friday, Might 31
Maia Prescription drugs, Inc. v. Bracco Diagnostics Inc.
A PTAB panel denied establishment to IPR2019-00345 through which petitioner Maia Prescription drugs had challenged the validity of Bracco Diagnostics’ U.S. Patent No. 6803046, Sincalide Formulations. The ‘046 patent is concerned in district courtroom litigation between Bracco and Maia. Petitioner Maia’s Part 103(a) validity problem primarily relied upon a 1977 doctor’s desk reference ebook for radiology and nuclear drugs and a world patent software filed in 2000 (Sato) that coated long-time stabilized formulations of the most cancers remedy filgrastim. In denying the IPR, the APJ panel held that the mixture of the doctor’s desk reference and Sato didn’t render the claimed material apparent as Sato didn’t include teachings particular to cholecystokinin, the hormone from which sincalide is derived.
Apple Inc. v. Singapore Asahi Chemical & Solder Industries PTE LTD
The PTAB instituted IPR2019-00377 following Apple’s petition to problem declare 10 of Singapore Asahi Chemical & Solder Industries’ U.S. Patent No. 6176947, Lead-Free Solders. The ‘947 patent is concerned in district courtroom litigation between Singapore Asahi and Apple; that case has been dismissed with out prejudice and Singapore Asahi has been given depart to reopen the case after conclusion of the IPR. Apple asserted two grounds of invalidity: Part 102(b) grounds over a 1995 Japanese patent software (Yamaguchi ‘874) overlaying solder materials or a 1997 paper on lead-free solders (Lee); and Part 103(a) grounds over Lee, a 1996 Japanese patent software (Matsumoto) overlaying lead-free solder or a 1996 worldwide patent software (Yamaguchi ‘923) masking solder, solder paste and a soldering technique.
Apple Inc. v. INVT SPE LLC
The PTAB instituted two different IPRs petitioned by Apple, each of which problem INVT SPE’s U.S. Patent No. 7848439, Communication Equipment, Communication System, and Communication Technique. The ‘439 patent is concerned in a number of district courtroom proceedings in addition to an ITC investigation. In IPR2019-00959 , Apple challenged declare eight of the ‘439 patent on Part 103 grounds over prior artwork references U.S. Patent No. 6904283, Multi-Service Communications With Group-Based mostly Subcarrier Allocation (Li), U.S. Patent No. 7221680, Multiplexing and Transmission of A number of Knowledge Streams in a Wi-fi Multi-Service Communication System (Vijayan), U.S. Patent No. 6721569, Dynamic Sub-Service Task in OFDM Techniques (Hashem) and U.S. Patent No. 5596604, Multicarrier Modulation Transmission System With Variable Delay (Cioffi). In IPR2019-00958, Apple challenged claims 1 by way of 7 of the ‘439 patent on Part 103 grounds over Li, Vijayan and Hashem. Together with instituting the IPRs, the PTAB additionally granted Apple’s movement for joinder of each its petitions to earlier IPRs petitioned by HTC Company difficult the identical claims over the identical prior artwork references.