Richard H. Marschall
36 IP cases indexed. Covers patent matters.
Cases Presided Over
36 cases indexed | Page 1 of 2
FreightCar America, Inc. v.National Steel Car Limited
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).
FreightCar America, Inc. v.National Steel Car Limited
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.
Alpinestars S.p.A et al. v.Dainese S.p.A.
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.
Alpinestars S.p.A et al. v.Dainese S.p.A.
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).
AROMA 360, LLC v.Air Esscentials, Inc.
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.
Decent Espresso International Ltd. v.DUVALL ESPRESSO IP ENFORCEMENT, LLC
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.
Therabody, Inc. v.Hyperice IP Subco, LLC et al.
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.
Luxottica of America Inc. et al. v.E-Vision Smart Optics, Inc.
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.
Therabody, Inc. v.Hyperice IP Subco, LLC et al.
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.
Therabody, Inc. v.Hyperice IP Subco, LLC et al.
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.
Decent Espresso International Ltd. v.DUVALL ESPRESSO IP ENFORCEMENT, LLC
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.
Decent Espresso International Ltd. v.DUVALL ESPRESSO IP ENFORCEMENT, LLC
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.
Deere & Company v.David’s Dozer V-Loc System, Inc. et al.
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.
Klein Tools, Inc. v.Milwaukee Electric Tool Corporation et al.
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.
Garmin International, Inc. et al. v.Saris Equipment, LLC
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.
NXTGEN TOYS, LLC v.ZipString LLC
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).
NXTGEN TOYS, LLC v.ZipString LLC
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.
Honda Motor Co., Ltd. et al. v.Infogation Corp.
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.
Luxottica of America Inc., et al. v.E-Vision Optics, LLC
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.
Luxottica of America Inc., et al. v.E-Vision Optics, LLC
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.
Luxottica of America Inc. et al. v.E-Vision Optics, LLC
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.
Luxottica of America Inc. et al. v.E-Vision Optics, LLC
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.
CMS CEPCOR LTD et al. v.Sandvik Intellectual Property AB et al.
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.
CMS CEPCOR LTD et al. v.Sandvik Intellectual Property AB et al.
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.
CMS CEPCOR LTD et al. v.Sandvik Intellectual Property AB et al.
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.
Applied Concepts Inc. v.Kustom Signals Inc.
Applied Concepts and Kustom Signals jointly moved to terminate two inter partes review proceedings after reaching a settlement. The Board granted the termination, citing good cause and public policy favoring settlement.
Applied Concepts Inc. v.Kustom Signals Inc.
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.
Vectair Systems Inc. v.Fresh Products, Inc.
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).
Pharaoh Energy Services, LLC v.Flex-Chem Holding Company, LLC et al.
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.
Pharaoh Energy Services, LLC v.Flex-Chem Holding Company, LLC et al.
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.
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