Judge Profile

CARL M. DeFRANCO

56 IP cases indexed. Covers patent matters.

Cases Presided Over

56 cases indexed | Page 1 of 2

patent terminated or settled

Nike, Inc. v.SherryWear, LLC

· IPR2024-01128

Nike and SherryWear jointly moved to terminate multiple IPRs after reaching a confidential settlement. The Board granted the termination and ordered the settlement agreement to remain confidential.

patent terminated or settled

Nike, Inc. v.SherryWear, LLC

· IPR2024-01122

Nike and SherryWear reached a confidential settlement, leading the PTAB to terminate the IPRs covering patent 9,289,016. The Board granted the joint motion to terminate under 35 U.S.C. §317.

patent terminated or settled

Nike, Inc. v.SherryWear, LLC

· IPR2024-01124

Nike and SherryWear reached a confidential settlement, prompting the PTAB to terminate eight related IPRs without deciding the merits.

patent final

Bowmar Archery LLC v.Futtere, Matthew

· IPR2024-00401

The PTAB issued a Final Written Decision rejecting all unpatentability challenges against the broadhead patent. The Board upheld the patent owner's position on claim construction, specifically defining 'blade member' as having a cutting surface. Despite detailed arguments regarding anticipation and obviousness using multiple prior art references, the Petitioner failed to meet its burden of proof.

patent final

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00636

The PTAB issued a Final Written Decision finding all eight challenged claims unpatentable over the prior art reference Kim. The Board concluded that the synthetic rubber construction of Kim's golf shoe supports the existence of the claimed slopes, thereby establishing obviousness under 35 U.S.C. § 103.

patent final

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00637

The PTAB found the challenged claims of Athalonz unpatentable as obvious over prior art (Kim). The Board adopted a construction that allowed the petitioner (Under Armour) to satisfy claim limitations by measuring heights relative to the sole's bottom surface.

patent Final Written Decision

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00638

The Board issued a Final Written Decision finding all eleven challenged claims unpatentable. The core finding was that the claimed athletic shoe design was obvious over prior art references (Kim and De Obaldia).

patent Final Written Decision

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00639

The Board issued a Final Written Decision finding all eight challenged claims unpatentable over various combinations of prior art. The Petitioner successfully demonstrated that the claimed features, including gradient compression and uniform heel platforms, were obvious in light of references like Umezawa, Gallas, Won, and Talarico '911. This outcome represents a significant loss for Athalonz, LLC regarding its footwear patent portfolio.

patent final

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00640

The PTAB issued a Final Written Decision finding all 15 challenged claims unpatentable by a preponderance of the evidence. The Petitioner successfully demonstrated that the claimed features were obvious in light of prior art references, particularly Won and Norton.

patent final

Trove Brands, LLC et al. v.Vista Outdoor Operations LLC

· IPR2024-00858

The PTAB issued a Final Written Decision rejecting all grounds of unpatentability for claims 5-7 and 16-19. The Board found that the prior art references failed to teach or suggest the claimed 'closure retention mechanism' with sufficient structural identity.

patent final

Solaris Oilfield Site Services Operating, LLC et al. v.Masaba, Inc.

· IPR2024-01179

The PTAB found all 25 challenged claims unpatentable as obvious under 35 U.S.C. § 103. The Board determined that the combination of prior art references Waldner and Dynatek, along with others like Auld and McIver, rendered the claimed aggregate transferring apparatus predictable engineering.

patent denied

Delta Power Equipment Corporation et al. v.P & F Brother Industrial Corporation

· IPR2024-00347

Petitioner's attempt to invalidate a cutting machine safety device patent was denied by the PTAB. The Board found that key biasing elements in the prior art did not match the specific limitations of the claims.

patent instituted

Jeisys Medical Inc. et al. v.Serendia, LLC

· IPR2024-00383

The PTAB instituted an IPR challenging claims 13 and 14 of Serendia's patent, finding a reasonable likelihood of anticipation by the prior art reference Mehta. The case moves to trial phase after rejecting arguments for discretionary denial based on competitor relationships.

patent instituted

Jeisys Medical Inc. et al. v.Serendia, LLC

· IPR2024-00384

The PTAB instituted the IPR challenge against Serendia's '536 patent, finding a reasonable likelihood of unpatentability. The Board determined that prior art (Mehta) discloses the claimed depth control feature despite arguments for fixed-length needles.

patent instituted

Ilooda Co., Ltd. et al. v.Serendia, LLC

· IPR2024-00386

Jeisys Medical Inc.'s IPR challenge against Serendia, LLC's '836 patent was instituted by the PTAB. The Board determined that the Petitioner's grounds of obviousness over prior art like Ganz were plausible and warranted further proceedings. This decision moves the dispute toward a trial phase in the medical device technology space.

patent instituted

Bowmar Archery LLC v.Futtere, Matthew

· IPR2024-00401

Bowmar Archery LLC successfully challenged Matthew Futtere's patent (8043177) in the PTAB, leading to institution on grounds of anticipation and obviousness. The Board adopted key claim constructions while finding a reasonable likelihood of unpatentability for at least claim 11.

patent instituted

Ilooda Co., Ltd. et al. v.Serendia, LLC

· IPR2024-00463

The PTAB institution decision found a reasonable likelihood of unpatentability for several claims in the dermatological treatment patent, primarily based on anticipation by reference Mehta. The Board rejected arguments for discretionary denial and proceeded with the IPR.

patent instituted

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00637

Under Armour successfully secured institution of IPR against Athalonz's patent (11,013,291) for athletic footwear. The Board found a reasonable likelihood that the claims are obvious over prior art reference Kim.

patent instituted

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00636

Under Armour successfully secured institution of IPR against Athalonz's shoe patent (10,674,786), challenging claims 1-8 based on obviousness over prior art like Kim and Dufour.

patent instituted

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00638

Under Armour successfully petitioned to institute an IPR against Athalonz, LLC's shoe patent (11,064,760 B2). The Board found a reasonable likelihood of success on obviousness grounds over prior art like Kim and Dufour.

patent instituted

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00640

The PTAB granted institution of IPR for Under Armour against Athalonz regarding athletic footwear claims. The Board adopted key claim constructions and found a reasonable likelihood of obviousness over the prior art reference 'Won' for several independent claims.

patent instituted

Under Armour, Inc. v.Athalonz, LLC

· IPR2024-00639

Under Armour successfully petitioned the PTAB to institute IPR on claims related to athletic footwear sole technology, arguing they are obvious under 35 U.S.C. § 103. The Board granted institution, adopting key claim constructions and recognizing the validity of multiple prior art combinations cited by the Petitioner.

patent instituted

Applied Concepts Inc. v.Kustom Signals Inc.

· IPR2024-00829

The PTAB granted institution of IPR for 15 claims in a traffic radar system patent (11,194,039) after finding the petitioner demonstrated a reasonable likelihood of proving obviousness over prior art references like Aker and Thomas.

patent instituted

Trove Brands, LLC et al. v.Vista Outdoor Operations LLC

· IPR2024-00858

The PTAB granted institution of IPR for Trove Brands against CamelBak's patent 8905252, finding that the petitioner demonstrated a reasonable likelihood of proving unpatentability over Samartgis and Leoncavallo.

patent instituted

Solaris Oilfield Site Services Operating, LLC et al. v.Masaba, Inc.

· IPR2024-01179

The PTAB granted institution of IPR for Solaris against Masaba's aggregate handling patent (11780689), finding a reasonable likelihood that key claims are obvious over Waldner and Dynatek.

patent instituted

Pascal Technologies v.Cambridge Enterprise Limited et al.

· IPR2024-01235

Pascal Technologies successfully secured institution of its Inter Partes Review (IPR) against the '656 patent, challenging claims related to barocaloric cooling agents. The Board adopted a broad interpretation of 'organic material,' supporting the Petitioner's argument that the claimed invention is unpatentable over prior art references like Mañosa and Patel.

patent instituted

Klein Tools, Inc. v.Milwaukee Electric Tool Corporation et al.

· IPR2024-01400

The PTAB instituted the IPR, finding a reasonable likelihood of prevailing for Klein Tools against Milwaukee Electric Tool Corporation et al. based on combinations of prior art references like Burchia and Metabowerke. The Board specifically found motivation to combine these references based on functional benefits.

patent instituted

Klein Tools, Inc. v.Milwaukee Electric Tool Corporation et al.

· IPR2024-01401

The PTAB granted institution for a petition challenging 23 claims related to container assembly mechanisms, finding a reasonable likelihood of success on at least one ground. The Board found that the combination of multiple prior art references rendered the patent obvious, despite challenges from the Patent Owner regarding prior art consideration and lack of rationale.

patent instituted

Tesla Inc. v.Charge Fusion Technologies, LLC

· IPR2025-00032

Tesla Inc. successfully secured institution in this IPR against Charge Fusion Technologies, LLC for battery charging system claims. The Board found a reasonable likelihood of unpatentability under 35 U.S.C. § 103 based on combinations of prior art references.

patent instituted

TROVE BRANDS, LLC v.CamelBak Products, LLC

· IPR2025-00140

TROVE BRANDS successfully convinced the PTAB to institute an IPR against CamelBak Products' drinkware patent. The Board found a reasonable likelihood of prevailing on obviousness grounds (103) over prior art references including Nakajima and Ribarits. This decision sets up a detailed examination of complex mechanical features in beverage containers.

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