Judge Profile

Richard H. Marschall

48 IP cases indexed. Covers patent matters.

Cases Presided Over

48 cases indexed | Page 1 of 2

patent terminated or settled

Garmin International, Inc. et al. v.Saris Equipment, LLC

· IPR2024-01294

Garmin and Saris Equipment jointly moved to end the IPR over patent 10,434,394 after reaching a settlement. The Board granted the motion, terminating the proceeding and sealing the settlement agreement.

patent final

Exotec Product France SAS et al. v.Opex Corporation

· IPR2024-00850

The PTAB issued a Final Written Decision finding all 27 challenged claims unpatentable over prior art references Raizer and Hangzhou. The Board determined that an ordinary skilled artisan would have been motivated to combine the teachings of these references to solve known industry problems like congestion and inefficiency in automated material handling systems.

patent final

Luxottica of America Inc., et al. v.E-Vision Optics, LLC

· IPR2024-01030

The PTAB found that 33 out of 37 challenged claims were unpatentable based on anticipation and obviousness. Key findings included the rejection of Petitioner's argument regarding 'hermetically sealed' meaning waterproof, and successful challenges using multiple prior art combinations like Howell-596/Howell-833/Blum-741.

patent Final Written Decision

Luxottica of America Inc. et al. v.E-Vision Optics, LLC

· IPR2024-01069

The PTAB issued a Final Written Decision finding all 21 challenged claims of the electronic eyewear system unpatentable based on obviousness (35 U.S.C. § 103). The Petitioner successfully demonstrated that combining prior art references, such as Howell-719 and Sikonowiz, rendered the claimed invention obvious across various claim sets.

patent final

Luxottica of America Inc. et al. v.E-Vision Optics, LLC

· IPR2024-01070

The PTAB found that the Petitioner successfully demonstrated unpatentability for a majority of challenged claims (Claims 1–9 and 12–19) based on anticipation and obviousness. The Board relied heavily on prior art references, notably Brunton, to establish these findings in the field of smart eyeglasses electronics integration.

patent final

Luxottica of America Inc. et al. v.E-Vision Optics, LLC

· IPR2024-01071

The PTAB found all 19 challenged claims unpatentable based on obviousness (35 U.S.C. § 103). The Petitioner successfully demonstrated that combinations of prior art references, such as Howell-596 and Howell-158, rendered the claimed features in smart eyeglasses obvious to a Person Having Ordinary Skill in the Art (POSITA).

patent final

Luxottica of America Inc., et al. v.E-Vision Optics, LLC

· IPR2024-01072

The PTAB found all 26 challenged claims unpatentable based on obviousness (35 U.S.C. § 103). The Petitioner successfully demonstrated that the claimed features of smart eyewear were taught by combinations of prior art references, including Jannard, Rosenblatt, Chen, and Nielsen. This final decision significantly weakens the patent's validity in the wearable technology space.

patent Final Written Decision

NXTGEN TOYS, LLC v.ZipString LLC

· IPR2024-01213

The PTAB issued a Final Written Decision finding multiple claims unpatentable based on anticipation and obviousness. The Board agreed with the Petitioner that combinations of prior art references (Wagner, Yeany, Scorch, Abello) rendered numerous claims invalid under 102 and 103.

patent Final Written Decision

CMS CEPCOR LTD et al. v.Sandvik Intellectual Property AB et al.

· IPR2024-01380

The PTAB cancelled original claims (1-10) but granted substitute claims (11-19) after a Patent Owner's Motion to Amend. The Board found the Petitioner failed to demonstrate motivation to combine prior art references, thus overcoming obviousness challenges under 35 U.S.C. § 103.

patent final

CMS CEPCOR LTD et al. v.Sandvik Intellectual Property AB et al.

· IPR2024-01381

The PTAB issued a Final Written Decision rejecting the Petitioner's challenge to U.S. Patent No. 11,014,090 B2 on grounds of obviousness (35 U.S.C. § 103). The Board found that the combination of prior art references did not teach or suggest the specific structural limitations claimed by the patent.

patent all challenged claims unpatentable

Therabody, Inc. v.Hyperice IP Subco, LLC et al.

· PGR2024-00053

Therabody challenged Hyperice's patent on percussive massagers based on indefiniteness and obviousness, but the PTAB upheld the claims. The Board found that key terms like 'substantially cylindrical' were supported by functional limitations in the specification.

patent instituted

Loco Crazy Good Cookers, Inc. v.North Atlantic Imports, LLC

· IPR2024-00642

Loco Crazy Good Cookers challenged North Atlantic Imports' cooking appliance patent on grounds of obviousness and anticipation. The PTAB instituted review, finding a reasonable likelihood that at least one claim would be obvious based on the prior art references. This moves the dispute toward trial preparation in District Court.

patent denied

Pharaoh Energy Services, LLC v.Flex-Chem Holding Company, LLC et al.

· IPR2024-00815

The PTAB denied Pharaoh Energy Services' petition to institute IPR proceedings against Flex-Chem for patent 9944843, citing a lack of compelling merits. The Board found that the cumulative weight of Fintiv factors and insufficient technical basis in the petitioner’s evidence led to the denial.

patent denied

Pharaoh Energy Services, LLC v.Flex-Chem Holding Company, LLC et al.

· IPR2024-00822

The PTAB denied the petition to challenge claims in a well remediation patent, finding that the petitioner failed to demonstrate sufficient novelty or obviousness against prior art references. The Board relied heavily on the proximity of parallel district court litigation when applying Fintiv factors for discretionary denial.

patent denied

Vectair Systems Inc. v.Fresh Products, Inc.

· IPR2024-00824

Vectair Systems Inc.'s IPR challenge against Fresh Products, Inc.'s patent was denied by the PTAB. The Board found that the Petitioner failed to establish a reasonable likelihood of prevailing on grounds of anticipation (102) or obviousness (103).

patent instituted

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

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

Luxottica of America Inc., et al. v.E-Vision Optics, LLC

· IPR2024-01030

Luxottica successfully petitioned to institute IPR against E-Vision Optics regarding eyewear technology, overcoming initial procedural hurdles. The Board found that Petitioner adequately established a reasonable likelihood of proving anticipation for key claims based on prior art references.

patent instituted

Luxottica of America Inc. et al. v.E-Vision Optics, LLC

· IPR2024-01069

Luxottica of America Inc. successfully petitioned the PTAB to institute an IPR against E-Vision Optics, LLC's patent (10613355). The Board found that Luxottica demonstrated a reasonable likelihood of prevailing on obviousness grounds (§ 103) across all 21 challenged claims.

patent instituted

Luxottica of America Inc. et al. v.E-Vision Optics, LLC

· IPR2024-01070

Luxottica of America Inc. successfully petitioned for institution against E-Vision Optics, LLC regarding patent 8801174, which covers smart eyeglasses technology. The Board found a reasonable likelihood that several claims are unpatentable based on anticipation and obviousness grounds.

patent instituted

Luxottica of America Inc. et al. v.E-Vision Optics, LLC

· IPR2024-01071

Luxottica successfully petitioned for institution of IPR against E-Vision Optics regarding claims in the '541 patent, overcoming arguments related to parallel litigation and statutory bars. The Board found that the Petitioner provided sufficient mitigation via a Sotera stipulation, allowing the obviousness challenge to proceed.

patent instituted

Luxottica of America Inc., et al. v.E-Vision Optics, LLC

· IPR2024-01072

Luxottica of America Inc. successfully petitioned the PTAB against E-Vision Optics, LLC regarding wearable electronics claims in IPR2024-01072. The Board found a reasonable likelihood of unpatentability based on Jannard for several key claims. This decision moves the case toward trial and confirms the validity of Luxottica's challenge.

patent instituted

NXTGEN TOYS, LLC v.ZipString LLC

· IPR2024-01213

NXTGEN TOYS successfully petitioned the PTAB to institute an IPR against ZipString LLC regarding string shooting devices. The Board found a reasonable likelihood of prevailing on anticipation and obviousness grounds, specifically addressing whether YouTube videos qualify as printed publications under 35 U.S.C. § 102(a)(1).

patent instituted

Garmin International, Inc. et al. v.Saris Equipment, LLC

· IPR2024-01294

The PTAB granted institution for an IPR challenging Garmin's patent, finding a reasonable likelihood of unpatentability based on prior art anticipation and obviousness arguments against the '394 patent.

patent instituted

CMS CEPCOR LTD et al. v.Sandvik Intellectual Property AB et al.

· IPR2024-01381

CMS Cepcor successfully petitioned to institute IPR against Sandvik's gyratory crusher patent (11,014,090 B2), setting the stage for a complex obviousness trial involving three prior art references.

patent instituted

CMS CEPCOR LTD et al. v.Sandvik Intellectual Property AB et al.

· IPR2024-01380

The PTAB granted institution of IPR for U.S. Patent 9,827,568, challenging claims related to gyratory crushers. CMS Cepcor successfully demonstrated a reasonable likelihood that the patent is obvious over prior art references.

patent instituted

Klein Tools, Inc. v.Milwaukee Electric Tool Corporation et al.

· IPR2024-01400

The PTAB instituted the IPR, finding a reasonable likelihood of prevailing for Klein Tools against Milwaukee Electric Tool Corporation et al. based on combinations of prior art references like Burchia and Metabowerke. The Board specifically found motivation to combine these references based on functional benefits.

patent instituted

Klein Tools, Inc. v.Milwaukee Electric Tool Corporation et al.

· IPR2024-01401

The PTAB granted institution for a petition challenging 23 claims related to container assembly mechanisms, finding a reasonable likelihood of success on at least one ground. The Board found that the combination of multiple prior art references rendered the patent obvious, despite challenges from the Patent Owner regarding prior art consideration and lack of rationale.

patent instituted

Luxottica of America Inc. et al. v.E-Vision Smart Optics, Inc.

· IPR2025-00216

The PTAB granted institution for Luxottica against E-Vision's electronic eyewear patent (11487138), finding a reasonable likelihood of unpatentability based on obviousness grounds using prior art like Thiel and Gruber.

patent instituted

AROMA 360, LLC v.Air Esscentials, Inc.

· IPR2025-00705

AROMA 360, LLC successfully petitioned the PTAB to institute IPR against Air Esscentials, Inc.'s patent (9527094) for obviousness. The Board found a reasonable likelihood of prevailing regarding claim 7 based on Sevy, leading to trial institution.

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