Judge Profile

Kevin W. Cherry

82 IP cases indexed. Covers patent matters.

Cases Presided Over

82 cases indexed | Page 1 of 3

patent terminated or settled

BOE Technology Group Co., Ltd. v.Optronic Sciences LLC

· IPR2024-01131

BOE Technology Group and Optronic Sciences settled their IPR dispute over U.S. Patent 7,226,801 B2. The Board terminated the proceeding by joint motion, citing good cause and confidentiality considerations.

patent terminated or settled

SAMSUNG ELECTRONICS CO., LTD., et al. v.Sinotechnix LLC

· IPR2025-00334

Samsung and Sinotechnix settled their IPR dispute over U.S. Patent 9,412,913 before the trial was instituted. The Board terminated the proceeding and ordered the settlement agreement to be kept confidential.

patent terminated or settled

Apple Inc. v.ImberaTek, LLC

· IPR2025-00582

Apple and ImberaTek settled all disputes over nine patents, leading the PTAB to terminate the inter partes review proceedings before any institution decision. The settlement agreement was ordered to be kept confidential.

patent terminated or settled

Apple Inc. v.ImberaTek, LLC

· IPR2025-00583

Apple and ImberaTek settled their disputes, leading the PTAB to terminate a series of inter partes review proceedings before any institution decision was made.

patent terminated or settled

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00905

Apple and Apex Beam Technologies settled their disputes, leading to the joint termination of sixteen IPRs covering laser‑beam‑steering patents. The Board granted the motion, citing good cause and public‑policy benefits of settlement.

patent terminated or settled

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00907

Apple and Apex Beam Technologies settled their dispute, leading to the termination of 16 inter partes review proceedings covering multiple patents, including U.S. Patent 11,139,944. The Board granted the joint motion to terminate, citing good cause and public policy favoring settlement.

patent terminated or settled

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00909

Apple and Apex Beam Technologies jointly moved to terminate sixteen IPRs after reaching a settlement. The Board granted the motion, citing good cause and confidentiality protections.

patent terminated or settled

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00910

Apple and Apex Beam Technologies jointly moved to terminate sixteen inter partes review proceedings after reaching a settlement. The PTAB granted the motion, treating the settlement agreements as confidential.

patent terminated or settled

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00911

Apple and Apex Beam Technologies settled 16 inter partes review proceedings, leading the PTAB to terminate the cases.

patent terminated or settled

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00906

Apple and Apex Beam Technologies jointly moved to terminate sixteen inter partes review proceedings after reaching a settlement, and the PTAB granted the termination.

patent terminated or settled

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00908

Apple and Apex Beam Technologies jointly moved to terminate sixteen inter partes review proceedings after reaching a settlement, and the PTAB granted the termination.

patent Final Written Decision

BOE Technology Group Co., Ltd. v.Optronic Sciences LLC

· IPR2024-01130

The PTAB issued a Final Written Decision finding claims 5 and 6 of patent 7168842 unpatentable based on anticipation (Uekusa) and obviousness (Uekusa/Isoda). Claims 7-9 were not proven unpatentable due to claim clarity issues.

patent Final Written Decision

BOE Technology Group Co., LTD v.Optronic Sciences LLC

· IPR2024-01132

The Board found all seven challenged claims unpatentable, rejecting the patent owner's narrow construction of 'passivation layer.' The petitioner successfully demonstrated that combining prior art references (Anzai and Yamazaki) taught or rendered obvious the claimed invention in OLED devices.

patent Final Written Decision

BOE Technology Group Co., LTD v.Optronic Sciences, LLC

· IPR2024-01133

The PTAB issued a Final Written Decision finding all 13 claims unpatentable by preponderance of the evidence. The Board found that the challenged claims were obvious over various combinations of prior art references, including Weaver combined with Lee ’053 and Song.

patent instituted

TCL INDUSTRIES HOLDINGS CO., LTD. v.ATI Technologies ULC

· IPR2024-00366

TCL Industries Holdings Co., Ltd. successfully challenged ATI Technologies ULC's patent claims under 35 U.S.C. § 103, focusing on obviousness over multiple prior art combinations. The PTAB found a reasonable likelihood of success for the petitioner on specific grounds, leading to an institution decision.

patent instituted

Ascend Elements, Inc. v.Duesenfeld GmbH

· IPR2024-00948

Ascend Elements, Inc. successfully convinced the PTAB to institute trial in its IPR against Duesenfeld GmbH regarding battery recycling technology. The Board found a reasonable likelihood of prevailing on at least one ground of obviousness over multiple prior art references.

patent denied

Shenzhen Waydoo Intelligence Technology Co., Ltd. v.MHL Custom, Inc.

· IPR2024-00998

The PTAB denied institution of IPR for Patent 9,359,044 B2, finding the petition time-barred. The denial followed the rejection of a motion to join because the petitioner had already challenged the patent's validity in district court.

patent denied

Shenzhen Waydoo Intelligence Technology Co., Ltd. v.MHL Custom, Inc.

· IPR2024-00999

The PTAB denied an Inter Partes Review petition against MHL Custom's patent (9586659) filed by Shenzhen Waydoo Intelligence. The denial was based on the petition being time-barred under 35 U.S.C. § 315(b), as Petitioner had already lost related litigation using the same prior art.

patent denied

M&A Ventures, LLC et al. v.Autoscribe Corporation

· IPR2024-01159

The PTAB denied an IPR petition filed by M&A Ventures against Autoscribe Corporation's payment processing patent. The Board found the petitioner failed to demonstrate a reasonable likelihood of prevailing on unpatentability assertions, particularly regarding claim construction and prior art limitations.

patent instituted

Bombardier Recreational Products Inc. v.MHL Custom, Inc.

· IPR2024-01391

Bombardier Recreational Products Inc. successfully petitioned the PTAB to institute an IPR against MHL Custom, Inc.'s hydrofoil watercraft patent (9586659). The Board found a reasonable likelihood that claims 16-23, 26-28 are obvious over prior art references Evolo and Woolley.

patent denied

Nokia of America Corp. et al. v.Pegasus Wireless Innovation LLC

· IPR2025-00037

The PTAB denied institution of an IPR challenging Nokia's wireless connection patents against Pegasus Wireless. The denial was based on the Fintiv factors, citing significant investment and proximity to a parallel district court trial date.

patent denied

Nokia of America Corporation et al. v.Pegasus Wireless Innovation LLC

· IPR2025-00036

The PTAB denied institution of the IPR because the efficiency of ongoing parallel district court litigation outweighed the merits of the patent claims. The denial was based on the discretionary Fintiv factors, despite strong arguments from the petitioner regarding the lack of prior consideration for the grounds.

patent denied

Nuvei Technologies, Inc. et al. v.Autoscribe Corporation

· IPR2025-00089

The PTAB denied institution of an IPR petition filed by Nuvei Technologies against Autoscribe Corporation's payment processing patents. The Board found that the petitioner failed to demonstrate a reasonable likelihood of prevailing on obviousness grounds, specifically regarding negative limitations in tokenization claims.

patent denied

BabyBjorn AB et al. v.The Ergo Baby Carrier, Inc. et al.

· IPR2025-00111

The PTAB denied BabyBjörn AB's request to institute a second Inter Partes Review against The Ergo Baby Carrier, Inc., citing insufficient grounds for parallel proceedings.

patent denied

BabyBjorn AB et al. v.The Ergo Baby Carrier, Inc. et al.

· IPR2025-00110

The PTAB denied the institution of an IPR challenge against The Ergo Baby Carrier's patent on adjustable baby carriers. Petitioner failed to meet its burden of persuasion, specifically regarding the public accessibility of key prior art and demonstrating a reasonable likelihood of prevailing on the merits.

patent instituted

Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.

· IPR2025-00389

Zhuhai CosMX Battery Co. successfully petitioned the PTAB, leading to the institution of IPR proceedings against Ningde Amperex Technology Ltd.'s lithium-ion battery patent (11,923,498). The Board found a reasonable likelihood of success on obviousness grounds over multiple prior art references.

patent instituted

Zhuhai CosMX Battery Co., Ltd. v.Ningde Amperex Technology Ltd.

· IPR2025-00432

Zhuhai CosMX Battery Co., Ltd. successfully demonstrated a reasonable likelihood of success in its IPR against Ningde Amperex Technology Ltd.'s patent, focusing on obviousness under 35 U.S.C. § 103. The Board found that the petitioner adequately showed Murakami discloses key features and that combinations with Beard and Akiike were motivated and predictable.

patent instituted

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00895

Apple Inc. successfully secured the institution of Inter Partes Review against Apex Beam Technologies LLC's patent 10,568,113, challenging claims based on obviousness over prior art including Xia and Jover.

patent instituted

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00897

Apple Inc. successfully petitioned to institute IPR against Apex Beam Technologies LLC's patent 10,944,527, arguing the claims are obvious over prior art related to massive MIMO and beamforming.

patent instituted

Apple Inc. v.Apex Beam Technologies LLC

· IPR2025-00900

Apple Inc. successfully petitioned to institute IPR against Apex Beam Technologies LLC's patent, demonstrating a reasonable likelihood of unpatentability for claims 1-20 based on prior art.

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