Judge Profile

DAVID C. McKONE

48 IP cases indexed. Covers patent matters.

Cases Presided Over

48 cases indexed | Page 2 of 2

patent denied · Aug 20, 2024

Microsoft Corporation v.Proxense, LLC

· IPR2024-01327

The PTAB denied Microsoft's request to institute Inter Partes Review (IPR) against Proxense's patent 8,886,954. The denial was based on a procedural condition that required prior non-institution in a related proceeding.

patent terminated or settled · Aug 4, 2024

Hulu LLC et al. v.--

· IPR2024-00787

Hulu and Capital One settled their IPR dispute with patent owner Implicit, leading the PTAB to terminate the proceeding before trial. The Board granted motions to keep the settlement agreements confidential.

patent instituted · Jul 19, 2024

Reolink Innovation Inc. et al. v.THROUGH TEK TECHNOLOGY (SHENZHEN) CO., LTD. et al.

· IPR2024-01193

Reolink Innovation Inc. challenged the validity of a network communications patent (US 10602448) based on anticipation and obviousness grounds. The PTAB issued an institution decision, finding sufficient likelihood for petitioner to prevail on at least one claim.

patent Final Written Decision · Jul 19, 2024

Reolink Innovation Inc. et al. v.THROUGH TEK TECHNOLOGY (SHENZHEN) CO., LTD. et al.

· IPR2024-01192

The Board issued a Final Written Decision finding that the patent claims were unpatentable over various combinations of prior art references. Specifically, Claim 1 and dependent claims were found obvious under 35 U.S.C. § 103 using combinations like the Lorex Manual and Kim '941. This decision significantly weakens the Patent Owner's position in this IPR proceeding.

patent Final Written Decision · Jul 19, 2024

Reolink Innovation Inc. et al. v.THROUGH TEK TECHNOLOGY (SHENZHEN) CO., LTD. et al.

· IPR2024-01193

The Board issued a Final Written Decision finding all 19 challenged claims unpatentable over prior art combinations. The Petitioner successfully demonstrated anticipation by Zhang (Sec. 102) and obviousness using combinations of Zhang/Zill and Liu/Zhang (Sec. 103).

patent instituted · Apr 26, 2024

Microsoft Corporation v.Proxense, LLC

· IPR2024-00846

Microsoft Corporation successfully convinced the PTAB that its biometric authentication claims were not obvious over prior art, leading to the institution of the IPR. The Board found a reasonable likelihood of prevailing on at least one challenged claim, allowing the case to proceed to trial.

patent Final Written Decision · Apr 26, 2024

Microsoft Corporation v.Proxense, LLC

· IPR2024-00846

The PTAB issued a Final Written Decision finding all 29 challenged claims unpatentable over the prior art. The Board found that Burger teaches limitations of Claim 1 across various transaction types, and combining Burger with Robinson or Orsini renders dependent claims obvious.

patent instituted · Apr 19, 2024

Google LLC v.Proxense, LLC

· IPR2024-00783

Apple was granted a PTAB order instituting inter partes review of all 20 claims of the ‘289 patent and joining the ongoing Google IPR. The Board found the petition identical to the earlier Google filing and approved joinder without adding new grounds.

patent terminated or settled · Apr 19, 2024

Google LLC v.Proxense, LLC

· IPR2024-00784

Google and Proxense settled their dispute, leading the PTAB to terminate the IPR over Proxense’s Bluetooth proximity patent.

patent instituted · Apr 19, 2024

Google LLC v.Proxense, LLC

· IPR2024-00783

Google LLC successfully argued that the challenged claims were obvious over multiple combinations of prior art (Dua, Giobbi ’157, Kotola, Buer). The PTAB instituted the IPR on all 20 challenged claims after rejecting the Patent Owner's narrow claim construction arguments. This sets up a significant trial phase regarding wireless security and digital key technology.

patent denied · Apr 11, 2024

Apple Inc. v.Proxense, LLC

· IPR2025-00074

The PTAB denied Apple's IPR against Proxense because a related review of the same patent had already been instituted in another proceeding.

patent all challenged claims unpatentable · Apr 11, 2024

Apple Inc. v.Proxense, LLC

· IPR2025-00075

Apple Inc. successfully convinced the PTAB that Proxense, LLC’s patent claims were obvious over multiple combinations of prior art references (Dua, Giobbi '157, Kotola). The Board found all 20 challenged claims unpatentable under 35 U.S.C. § 103.

patent terminated or settled · Mar 15, 2024

Capital One, National Association et al. v.--

· IPR2024-00643

Hulu and Capital One settled their dispute with patent owner Implicit over U.S. Patent 8,056,075 B2. The PTAB granted a motion to terminate the IPR and ordered the settlement agreements kept confidential.

patent mixed - some claims cancelled, some upheld · Feb 15, 2024

ADC Solutions Auto LLC et al. v.The Noco Company

· IPR2024-00577

The PTAB held that 22 of the 23 claims of the Noco Company’s jump‑starter patent are unpatentable, finding the claims anticipated or obvious over multiple prior‑art references, while claim 11 survived.

patent instituted · Feb 15, 2024

ADC Solutions Auto LLC et al. v.The Noco Company

· IPR2024-00577

ADC Solutions Auto LLC successfully petitioned for institution against The Noco Company's patent covering portable jump starter apparatuses. The Board found that the prior art presented in the petition was not substantially the same as what was before the Office during prosecution, satisfying the Advanced Bionics framework. This allows the case to proceed to substantive review on obviousness grounds (35 U.S.C. § 103).

patent Final Written Decision · Feb 15, 2024

Microsoft Corporation v.Proxense, LLC

· IPR2024-00573

The PTAB found all nine challenged claims unpatentable over the combination of Giobbi ’1573, Giobbi ’1394, and Dua. The Board successfully rejected arguments regarding means-plus-function interpretation, finding key terms like 'PDK' and 'RDC' conveyed sufficient definite structure. This decision represents a significant win for the Petitioner in this IPR proceeding.

patent final · Feb 15, 2024

ADC Solutions Auto LLC et al. v.The Noco Company

· IPR2024-00577

The PTAB found all seven challenged claims of the portable jump starter apparatus unpatentable based on obviousness. The Board successfully applied two distinct combinations of prior art references (Richardson/Zhao and Yu/Paparrizos) to reject the claims.

patent instituted · Jan 30, 2024

Reolink Innovation Inc. et al. v.Throughtek Co., Ltd.

· IPR2024-00509

The PTAB institution decision found sufficient evidence of obviousness under 35 U.S.C. § 103 for multiple claims related to peer-to-peer connection establishment. The Petitioner successfully demonstrated that combining prior art references, such as the Lorex Guide and Kim, taught all limitations of several claimed features. This outcome significantly advances the challenge against the patent's validity in this technology area.

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