Judge Profile

CARL M. DeFRANCO

56 IP cases indexed. Covers patent matters.

Cases Presided Over

56 cases indexed | Page 2 of 2

patent terminated or settled · Jul 17, 2024

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 · Jul 17, 2024

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 · Jul 17, 2024

Nike, Inc. v.SherryWear, LLC

· IPR2024-01126

Nike and SherryWear reached a confidential settlement, prompting the PTAB to terminate the IPRs covering SherryWear’s footwear patent (U.S. 10,219,550). The Board cited statutory authority to end the review before any merits were decided.

patent terminated or settled · Jul 17, 2024

Nike, Inc. v.SherryWear, LLC

· IPR2024-01123

Nike and SherryWear settled their inter partes review of U.S. Patent 9,295,288. The Board terminated the IPR by joint motion, treating the settlement agreement as confidential.

patent denied · Jul 11, 2024

Trove Brands, LLC v.CamelBak Products, LLC

· IPR2025-00155

Trove Brands' IPR petition against CamelBak Products regarding mouthpiece and cap assemblies was denied by the PTAB. The Board found that petitioner failed to meet the statutory threshold for institution, specifically rejecting obviousness grounds under 35 U.S.C. § 103.

patent denied · Jun 2, 2024

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 denied · May 11, 2024

TROVE BRANDS, LLC v.CamelBak Products, LLC

· IPR2025-00146

The PTAB denied TROVE BRANDS' request to institute IPR against CamelBak Products regarding drinkware cap mechanisms. The Board found that the Petitioner failed to show a reasonable likelihood of unpatentability over combinations of prior art references like Kiyota, Choi, Park, and Ribarits.

patent instituted · May 11, 2024

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.

patent instituted · Apr 29, 2024

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 final · Apr 29, 2024

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 terminated or settled · Apr 22, 2024

Applied Concepts Inc. v.Kustom Signals Inc.

· IPR2024-00829

Applied Concepts and Kustom Signals jointly moved to terminate two inter partes review proceedings after reaching a settlement. The Board granted the termination, citing good cause and public policy favoring settlement.

patent instituted · Apr 22, 2024

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 · Apr 11, 2024

Skechers U.S.A., Inc. v.Nike, Inc.

· IPR2025-00142

The PTAB granted institution of Inter Partes Review for Skechers against Nike regarding a footwear patent (9730484). The Board determined that Skechers met the threshold by showing a reasonable likelihood of unpatentability over prior art references like Dua and Hong.

patent instituted · Apr 3, 2024

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 · Apr 3, 2024

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 · Apr 3, 2024

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 · Apr 3, 2024

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 · Apr 3, 2024

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 final · Apr 3, 2024

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 Written Decision · Apr 3, 2024

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 Written Decision · Apr 3, 2024

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 · Apr 3, 2024

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 · Apr 3, 2024

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 terminated or settled · Jan 19, 2024

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

· IPR2024-00463

The Board granted a joint motion to terminate the IPR as to Jeisys Medical Inc. following a settlement with Serendia, while allowing EndyMed petitioners to continue the review.

patent terminated or settled · Jan 19, 2024

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

· IPR2024-00463

EndyMed Medical and Serendia, LLC entered a settlement that resolved all disputes over three patents, leading the PTAB to terminate the associated IPRs. The settlement agreement was deemed confidential business information.

patent instituted · Jan 19, 2024

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.

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