Judge Profile

David Cotta

55 IP cases indexed. Covers patent matters.

Cases Presided Over

55 cases indexed | Page 1 of 2

patent terminated or settled

Google LLC v.Kove IO, Inc.

· IPR2024-01018

Google and Kove IO settled their dispute over U.S. Patent 7,103,640, leading the PTAB to terminate the IPRs before any trial was instituted.

patent terminated or settled

Ericsson Inc. et al. v.Active Wireless Technologies LLC

· IPR2024-00985

Ericsson and Nokia settled with Active Wireless Technologies, leading the PTAB to terminate three inter partes review proceedings. The settlement agreements were also deemed business‑confidential.

patent all challenged claims unpatentable

Penumbra, Inc. v.RapidPulse, Inc.

· IPR2024-01261

The PTAB held that all 21 claims of RapidPulse’s ’253 aspiration thrombectomy patent are unpatentable, finding them obvious over Teigen, Grey and other prior art. Penumbra’s petition succeeded, leading to a sweeping invalidation.

patent all challenged claims unpatentable

Geneoscopy, Inc. v.Exact Sciences Corporation

· IPR2024-01330

The PTAB held that all 20 claims of Exact Sciences' 11,634,781 patent are obvious over prior art, rendering them unpatentable. Geneoscopy successfully proved the combination of existing fecal screening methods made the claims non‑inventive.

patent terminated or settled

HIKMA PHARMACEUTICALS USA INC. v.Axsome Malta Ltd. et al.

· IPR2024-01418

Hikma Pharmaceuticals filed an IPR against Axsome Malta’s 11,560,354 patent. The parties settled the dispute early and jointly moved to terminate the proceeding. The Board granted the motion and ordered the settlement agreement to be kept confidential.

patent terminated or settled

Berkshire Hathaway Energy Company et al. v.MES, Inc.

· IPR2025-00281

The PTAB terminated the IPR against WEC Energy Group after the parties settled, but the case remains open for Berkshire Hathaway Energy, MidAmerican Energy and PacifiCorp. The settlement agreement is treated as business‑confidential information.

patent instituted

Berkshire Hathaway Energy Company et al. v.MES, Inc.

· IPR2025-00274

The PTAB instituted an inter partes review of MES, Inc.'s 10,343,114 B2 mercury‑removal patent after Berkshire Hathaway Energy and affiliates demonstrated a reasonable likelihood of success on claims 1‑30, citing obviousness over multiple prior‑art references.

patent instituted

Berkshire Hathaway Energy Company et al. v.MES, Inc.

· IPR2025-00280

The PTAB instituted an inter partes review of MES’s mercury‑removal patent after Berkshire Hathaway Energy demonstrated a reasonable likelihood of success on claims 1‑15 and 17‑30.

patent terminated or settled

Berkshire Hathaway Energy Company et al. v.MES, Inc.

· IPR2025-00278

The PTAB terminated the IPRs against BirchTech's patent as to WEC Energy Group following a settlement, but the case remains open for Berkshire Hathaway Energy and other petitioners.

patent terminated or settled

Berkshire Hathaway Energy Company et al. v.MES, Inc.

· IPR2025-00278

Berkshire Hathaway Energy and Pacificorp petitioned an IPR on BirchTech's patents. A settlement was reached with MidAmerican Energy, leading the Board to terminate the IPR for MidAmerican while keeping it open for the other petitioners.

patent instituted

Berkshire Hathaway Energy Company et al. v.MES, Inc.

· IPR2025-00278

The PTAB instituted an inter partes review of MES, Inc.’s mercury‑removal patent after Berkshire Hathaway Energy demonstrated a reasonable likelihood of success on obviousness and anticipation grounds.

patent final

Geneoscopy, Inc. v.Exact Sciences Corporation

· IPR2024-00459

The PTAB found all 20 claims of the '11634781 patent unpatentable as obvious under 35 U.S.C. § 103. The Board concluded that combining prior art references, specifically Lenhard, Vilkin, and Itzkowitz, taught or suggested every element of independent claim 1 with a reasonable expectation of success. This decision rejects the Patent Owner's arguments regarding lack of motivation to combine the cited art.

patent final

Penumbra, Inc. v.RapidPulse, Inc.

· IPR2024-01261

The PTAB rejected Petitioner's obviousness arguments against the '402 patent claims (1-20) related to a thrombectomy/aspiration system. The Board adopted an intrinsic definition of 'predetermined cycle' as fixed timing, finding that prior art combining Mullins and Yang did not teach this limitation.

patent Final Written Decision

Geneoscopy, Inc. v.Exact Sciences Corporation

· IPR2024-01330

The PTAB issued a Final Written Decision finding all challenged claims unpatentable under 35 U.S.C. § 103. The Petitioner successfully argued that the claimed colorectal cancer screening method was obvious when combining various prior art references, including Lenhard, Vilkin, Itzkowitz, and Kanaoka.

patent final

Axion Biosystems, Inc. v.Agilent Technologies, Inc.

· IPR2024-01467

The PTAB issued a final decision finding the challenged claims unpatentable over Xu-752 and Jones. The Board concluded that the Petitioner failed to demonstrate non-hindsight motivation for combining the references or making the necessary technical modifications, citing lack of support for millisecond time resolution.

patent instituted

HP Inc. et al. v.LiTL LLC

· IPR2024-00404

The PTAB instituted the IPR, finding a reasonable likelihood of prevailing for HP Inc. et al. against LiTL LLC's patent claims. The Board adopted Petitioner's claim constructions for key terms like 'frame mode' and 'content mode,' clearing the path to trial.

patent denied

MICROSOFT CORPORATION et al. v.LiTL LLC

· IPR2024-00457

The PTAB denied institution of the IPR, finding that the Petitioner failed to demonstrate a reasonable likelihood of success in proving unpatentability. The claims related to graphical user interfaces (GUI) were challenged under 35 U.S.C. § 103(a).

patent denied

MICROSOFT CORPORATION et al. v.LiTL LLC

· IPR2024-00458

Microsoft and others failed in their IPR challenge against LiTL LLC's GUI patent (10564818). The PTAB denied the petition, finding that the claimed view-selection method was not obvious over prior art references.

patent instituted

Geneoscopy, Inc. v.Exact Sciences Corporation

· IPR2024-00459

Geneoscopy, Inc. successfully petitioned the PTAB to institute an IPR against Exact Sciences Corporation's patent (11634781). The Board found a reasonable likelihood of prevailing on all grounds, specifically regarding obviousness under 35 U.S.C. § 103.

patent denied

Dell Technologies Inc. et al. v.LiTL LLC

· IPR2024-00480

The PTAB denied the IPR petition filed by Dell Technologies Inc., finding that the challenged claims were not obvious over prior art references like Lane and Fujinawa. The Board determined the petitioner failed to demonstrate a reasonable likelihood of success on any ground, upholding the patent's validity.

patent denied

Dell Technologies Inc. et al. v.LiTL LLC

· IPR2024-00481

The PTAB denied the IPR petition brought by Dell and other companies against LiTL LLC's patent for display configurations in hinged devices. The Board found that the petitioner failed to demonstrate a reasonable likelihood of success on its obviousness grounds, specifically regarding mode switching using an accelerometer.

patent denied

ASUSTeK Computer Inc. et al. v.LiTL LLC

· IPR2024-00532

ASUSTeK Computer Inc. failed to convince the PTAB that a Person of Ordinary Skill in the Art (POSA) would be motivated to modify Lane's hinge mechanism using Misawa's single-pivot design. The Board denied institution, finding that the proposed modification would destroy the intended functionality of the original invention.

patent instituted

Ericsson Inc. et al. v.Active Wireless Technologies LLC

· IPR2024-00951

The PTAB granted institution for Ericsson Inc. et al.'s IPR challenge against Active Wireless Technologies LLC, finding compelling evidence of unpatentability under 102 and 103. The Board determined that the preliminary record supported a meritorious challenge regarding HARQ-ACK feedback mechanisms in 5G NR PUCCH format adaptation.

patent instituted

Ericsson Inc. et al. v.Active Wireless Technologies LLC

· IPR2024-00985

Ericsson and Nokia successfully petitioned to institute an IPR against Active Wireless Technologies LLC regarding 5G NR PUCCH design claims. The Board found compelling evidence of unpatentability, despite initial concerns raised by the Patent Owner's arguments.

patent instituted

Ericsson Inc. et al. v.Active Wireless Technologies LLC

· IPR2024-00986

Ericsson and Nokia successfully petitioned against Active Wireless Technologies' patent (10785764) in a PTAB decision, leading to institution. The Board found a likelihood of prevailing on the Shin obviousness ground over NB-IoT/LTE multicast services claims.

patent instituted

Solus Advanced Materials Co., Ltd. et al. v.SK nexilis Co., Ltd.

· IPR2024-01463

The PTAB institution decision found that the Petitioner demonstrated a reasonable likelihood of prevailing, instituting trial on all 10 claims. The grounds centered on obviousness (35 U.S.C. § 103), arguing that specific properties of electrolytic copper foil could be achieved by combining various prior art references.

patent instituted

Axion Biosystems, Inc. v.Agilent Technologies, Inc.

· IPR2024-01467

Axion Biosystems successfully navigated the Institution Decision phase in its IPR against Agilent Technologies, leading to the trial of key claims. The Board declined to deny institution, allowing the dispute over cell monitoring and impedance analysis technology to proceed to litigation.

patent denied

Azurity Pharmaceuticals, Inc. v.EXELIXIS, INC.

· IPR2025-00210

Azurity Pharmaceuticals failed to convince the PTAB that EXELIXIS's drug formulation patent was unpatentable, resulting in a denial of institution for IPR2025-00210. The Board rejected anticipation arguments based on prior art family relationships and dismissed obviousness claims regarding impurity control.

patent instituted

Amazon.com, Inc. et al. v.AlmondNet, Inc.

· IPR2025-00545

Amazon successfully challenged the '904 patent, leading to its institution after demonstrating a reasonable likelihood of unpatentability. The challenge focused on obviousness (35 U.S.C. § 103) regarding automated profile collection and data targeting methods.

patent instituted

PacifiCorp et al. v.MES, Inc.

· IPR2025-00717

PacifiCorp successfully challenged 26 claims of Birchtech Corp.'s patent (10926218) related to flue gas desulfurization, leading the PTAB to find a reasonable likelihood of prevailing on at least one claim. The Board concluded that combining prior art references was an obvious application of known techniques in mercury removal technology.

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