Judge Profile

James J. Mayberry

23 IP cases indexed. Covers patent matters.

Cases Presided Over

23 cases indexed | Page 1 of 1

patent

Godbersen-Smith Construction Company d/b/a GOMACO Corporation v.Guntert & Zimmerman Const. Div., Inc.

· IPR2024-00835

The PTAB held that all 15 claims of the ’571 slipform paving machine patent are unpatentable, finding the claims obvious over the CIII operator manual combined with Rio’s rotary actuator and other prior art.

patent terminated or settled

3Shape A/S et al. v.Medit Corporation et al.

· IPR2024-01260

3Shape and Medit settled their IPR dispute over patent 7,912,257, leading the PTAB to dismiss the proceedings before any trial was instituted.

patent terminated or settled

3Shape A/S et al. v.Medit Corporation et al.

· IPR2024-01265

3Shape and Medit settled their inter partes review dispute over patent 9,262,864 B2. The parties jointly moved to terminate the IPRs, and the Board granted the motion, dismissing the petitions and keeping the settlement confidential.

patent terminated or settled

3Shape A/S et al. v.Medit Corporation et al.

· IPR2024-01268

3Shape and Medit settled their IPR dispute over patent 9,191,648 B2. The Board granted a joint motion to terminate the proceedings and kept the settlement agreement confidential.

patent terminated or settled

Aktana, Inc v.Veeva Systems Inc.

· IPR2024-01443

Aktana and Veeva settled their dispute over patents 9,055,023 and 9,391,937, leading the PTAB to terminate both inter partes review proceedings before institution. The settlement agreement was ordered confidential and kept separate from the patent files.

patent denied

Ericsson Inc. et al. v.XR COMMUNICATIONS LLC

· IPR2024-00314

Ericsson and Nokia's IPR petition against XR Communications LLC was denied by the PTAB, failing to demonstrate a reasonable likelihood of success on obviousness grounds. The Board found that the petitioner did not persuasively show that prior art constituted 'pre-equalization.'

patent instituted

Visa, Inc. v.Cortex MCP, Inc.

· IPR2024-00488

The PTAB institution decision found that Visa, Inc.'s claims were likely obvious over prior art references including Oborne and Neafsey. The Board adopted Petitioner's claim constructions for key terms like 'scan,' leading to the institution of 17 claims under Section 103.

patent instituted

Visa, Inc. v.Cortex MCP, Inc.

· IPR2024-00489

Visa, Inc. successfully secured institution of its IPR against Cortex MCP, Inc.'s patent (10749859), despite the Patent Owner's objections regarding claim construction. The Board adopted a broad interpretation of 'OVER file,' encompassing both images and tokens, allowing the obviousness challenge to proceed to trial.

patent instituted

Visa, Inc. v.Cortex MCP, Inc.

· IPR2024-00490

Visa, Inc. successfully convinced the PTAB to institute an IPR against Cortex MCP, Inc.'s patent (11329973) covering digital identity and credential management. The Board adopted key constructions for 'OVER file' and 'verified by an issuing agency,' clearing the path for a full trial on obviousness grounds.

patent denied

Honeywell International Inc. v.DSM IP Assets, B.V. et al.

· IPR2024-00493

Honeywell International Inc.'s IPR challenge against DSM IP Assets, B.V. et al. was denied by the PTAB. The Board found that the Petitioner failed to meet the reasonable likelihood standard for obviousness over various prior art combinations in the field of biomedical devices and polymer fibers.

patent instituted

Ericsson Inc. et al. v.XR COMMUNICATIONS LLC

· IPR2024-00613

The PTAB institution decision found a reasonable likelihood of prevailing for the Petitioner in its IPR against XR Communications LLC. The challenge focused on whether multi-beam directed signal systems were unpatentable under 35 U.S.C. § 103 using prior art references Agee and Butler.

patent instituted

Godbersen-Smith Construction Company d/b/a GOMACO Corporation v.Guntert & Zimmerman Const. Div., Inc.

· IPR2024-00835

GOMACO Corporation successfully challenged Guntert & Zimmerman's patent claims in a PTAB institution decision. The Board found that the Petitioner persuasively demonstrated Office error by failing to adequately consider relevant prior art, leading to the institution of the IPR.

patent denied

Dental Imaging Technologies Corporation et al. v.3Shape A/S

· IPR2024-00849

Dental Imaging Technologies Corporation's IPR petition against 3Shape A/S was denied institution by the PTAB. The Board found that despite some arguments, the similarities to prior proceedings and resource constraints warranted denial under discretionary authority.

patent instituted

Exotec Product France SAS et al. v.Opex Corporation

· IPR2024-00850

Exotec Product France SAS and co-petitioner successfully convinced the PTAB to institute IPR proceedings against Opex Corporation's patent, arguing that the claims are obvious under 35 U.S.C. § 103. The Board found a reasonable likelihood of success based on combining prior art references Raizer and Hangzhou in the field of Automated Warehouse Robotics.

patent instituted

Ericsson Inc. et al. v.XR COMMUNICATIONS LLC

· IPR2024-00868

The PTAB instituted trial in an IPR proceeding concerning MIMO/Beamforming antenna technology. The Board found sufficient evidence to suggest that several challenged claims are unpatentable over the prior art, specifically Trigui and Rudrapatna. This decision moves the dispute forward toward a full evidentiary hearing on obviousness grounds.

patent denied

Ewald Dorken AG v.Schaeffler Technologies AG & Co. KG et al.

· IPR2024-01365

The PTAB denied Ewald Dorken AG's IPR challenge against Schaeffler Technologies regarding wheel bearing coating patents. The Board found the petition failed to demonstrate a reasonable likelihood of prevailing, citing insufficient mapping and lack of explicit disclosure for key limitations like 'zinc flake coating.'

patent all challenged claims unpatentable

Godbersen-Smith Construction Company d/b/a GOMACO Corporation v.Guntert & Zimmerman Const. Div., Inc.

· IPR2024-00835

The PTAB held that all 20 claims of GOMACO’s slipform paver patent are obvious over the CIII operator manual and Rio’s rotary actuator, rendering the claims unpatentable.

patent terminated or settled

Aktana, Inc v.Veeva Systems Inc.

· IPR2024-01444

Aktana and Veeva Systems settled their inter partes review disputes, leading the PTAB to terminate IPR2024-01443 and IPR2024-01444 before institution. The settlement agreement was treated as confidential business information.

patent all challenged claims unpatentable

Godbersen-Smith Construction Company d/b/a GOMACO Corporation v.Guntert & Zimmerman Const. Div., Inc.

· PGR2024-00026

The PTAB held that all fifteen claims of GOMACO’s slipform paving machine patent are obvious over a combination of the Commander III manual, Rio’s rotary actuator, and other prior art, cancelling the entire patent.

patent all challenged claims unpatentable

Godbersen-Smith Construction Company d/b/a GOMACO Corporation v.Guntert & Zimmerman Const. Div., Inc.

· PGR2024-00026

The PTAB held that all 20 claims of GOMACO’s ‘749 slipform paver patent are unpatentable, finding the petitioner’s obviousness arguments over the CIII manual and Rio actuator convincing.

patent instituted

Godbersen-Smith Construction Company d/b/a GOMACO Corporation v.Guntert & Zimmerman Const. Div., Inc.

· PGR2024-00026

GOMACO Corporation successfully challenged seven claims of the '723 patent in a PGR proceeding, arguing they lack written description support and are obvious. The Board instituted review on all grounds, finding the patent subject to AIA rules despite its age.

patent terminated or settled

3Shape A/S et al. v.Medit Corporation et al.

· IPR2024-01276

3Shape and Medit settled their IPR dispute over U.S. Patent 9,245,374. The Board granted a joint motion to terminate the proceedings and kept the settlement agreement confidential.

patent terminated or settled

3Shape A/S et al. v.Medit Corporation et al.

· IPR2024-01266

3Shape and Medit settled their IPR dispute over patent 9,262,864 before the PTAB could institute a trial, leading to dismissal of the proceedings.

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