Judge Profile

Richard H. Marschall

36 IP cases indexed. Covers patent matters.

Cases Presided Over

36 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 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 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 · 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 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

· IPR2024-01070

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 Written Decision · Jun 21, 2024

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 instituted · Jun 9, 2024

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 final · Jun 9, 2024

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 Final Written Decision · Jun 9, 2024

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 terminated or settled · Apr 22, 2024

Applied Concepts Inc. v.Kustom Signals Inc.

· IPR2024-00829

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.

patent instituted · Apr 22, 2024

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 denied · Apr 19, 2024

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 denied · Apr 18, 2024

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 · Apr 17, 2024

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.

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