Judge Profile

Richard H. Marschall

48 IP cases indexed. Covers patent matters.

Cases Presided Over

48 cases indexed | Page 1 of 2

patent instituted · May 27, 2025

FreightCar America, Inc. v.National Steel Car Limited

· IPR2025-01047

The PTAB instituted review of IPR2025-01047 regarding the hopper car design patent (8132515). The Board found Petitioner demonstrated a reasonable likelihood of prevailing on all 44 challenged claims based on obviousness (§ 103).

patent instituted · May 27, 2025

FreightCar America, Inc. v.National Steel Car Limited

· IPR2025-01046

FreightCar America, Inc. successfully challenged National Steel Car Limited's patent claims in an IPR proceeding. The Board found a reasonable likelihood of prevailing on independent claim 2 based on obviousness over prior art references. This decision keeps the dispute alive for trial on several key claims.

patent denied · Mar 27, 2025

Alpinestars S.p.A et al. v.Dainese S.p.A.

· IPR2025-00750

Alpinestars S.p.A et al.'s IPR challenge against Dainese's inflatable safety device patent was denied by the PTAB. The Board found that the petitioner failed to demonstrate a reasonable likelihood of prevailing on any challenged claim, despite arguments regarding obviousness over prior art combinations.

patent denied · Mar 27, 2025

Alpinestars S.p.A et al. v.Dainese S.p.A.

· IPR2025-00750

The PTAB denied Alpinestars' request for rehearing regarding the institution decision in IPR2025-00750 against Dainese. The Board found that the petitioner failed to demonstrate a reasonable likelihood of prevailing on its grounds of obviousness (103).

patent instituted · Mar 18, 2025

AROMA 360, LLC v.Air Esscentials, Inc.

· IPR2025-00707

AROMA 360 successfully petitioned the PTAB against Air Esscentials' patent (10092918) regarding aerosol/fluid dispersion technology. The Board instituted the IPR, finding a reasonable likelihood of prevailing on obviousness grounds over Goubet and Gao-2 prior art references.

patent instituted · Mar 18, 2025

AROMA 360, LLC v.Air Esscentials, Inc.

· IPR2025-00706

AROMA 360, LLC successfully petitioned to challenge claims of Air Esscentials, Inc.'s patent (10583449) before the PTAB. The Board found a reasonable likelihood of prevailing on multiple grounds, leading to institution of the IPR.

patent instituted · Mar 18, 2025

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.

patent denied · Mar 17, 2025

Decent Espresso International Ltd. v.DUVALL ESPRESSO IP ENFORCEMENT, LLC

· IPR2025-00747

The PTAB denied institution of an IPR for a beverage brewing system patent (11957271), finding that the petitioner failed to show a reasonable likelihood of prevailing. The denial hinged on the Board's determination that key prior art, Buttiker, was not applicable.

patent instituted · Dec 23, 2024

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

· PGR2025-00013

Therabody successfully challenged Hyperice's patent claims in a PTAB proceeding focused on massaging devices. The Board found likelihood of unpatentability based on obviousness and statutory deficiencies, particularly regarding the combination of prior art references.

patent instituted · Nov 20, 2024

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 · Sep 27, 2024

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

· PGR2024-00053

Therabody, Inc. successfully convinced the PTAB to institute proceedings against Hyperice IP Subco, LLC regarding a medical device patent (11857482). The Board found prima facie evidence of obviousness and indefiniteness across multiple claims based on prior art combinations.

patent all challenged claims unpatentable · Sep 27, 2024

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 denied · Sep 26, 2024

Decent Espresso International Ltd. v.DUVALL ESPRESSO IP ENFORCEMENT, LLC

· IPR2024-01492

The PTAB denied Decent Espresso International Ltd.'s IPR challenge against DUVALL ESPRESSO IP ENFORCEMENT, LLC's infused beverage brewing assembly patent. The Board rejected the petitioner's claim construction of 'resulting solvent valve,' upholding the single-valve interpretation required by the patent owner.

patent denied · Sep 25, 2024

Decent Espresso International Ltd. v.DUVALL ESPRESSO IP ENFORCEMENT, LLC

· IPR2024-01483

Decent Espresso International Ltd. failed its IPR challenge against Duvall Espresso's brewing system patent, as the Board found insufficient evidence that the prior art rendered the invention obvious. The institution decision denied the petition, maintaining the validity of the core claims related to infused beverage preparation.

patent denied · Sep 19, 2024

Deere & Company v.David’s Dozer V-Loc System, Inc. et al.

· IPR2024-01442

The PTAB denied institution of an IPR challenge against a dozer stabilizer patent (10533300). The Board found that the Petitioner failed to demonstrate a reasonable likelihood of prevailing, specifically rejecting obviousness grounds based on Funk and Lewis.

patent instituted · Sep 17, 2024

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 · Sep 17, 2024

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 terminated or settled · Aug 26, 2024

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 instituted · Aug 26, 2024

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 · Jul 25, 2024

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 Final Written Decision · Jul 25, 2024

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 terminated or settled · Jul 19, 2024

Honda Motor Co., Ltd. et al. v.Infogation Corp.

· IPR2024-01160

Honda and Infogation settled their dispute, prompting the PTAB to dismiss IPR2024-01160 before institution. The Board granted the joint motion to dismiss and ordered the settlement kept confidential.

patent instituted · Jun 21, 2024

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 · Jun 21, 2024

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 · Jun 21, 2024

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 · Jun 21, 2024

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 · Jun 21, 2024

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 final · Jun 21, 2024

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 · Jun 21, 2024

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 · Jun 21, 2024

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.

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