Short Summary
Amazon files a response defending the PTAB’s institution of its IPR against NL Giken, arguing the Board’s claim constructions are correct and discretionary denial is inappropriate.
Detailed Summary
In a petitioner's response to NL Giken's request for director review, Amazon and its affiliates argue that the PTAB correctly instituted the inter partes review of U.S. Patent No. 9,948,968. The brief contends that the Board’s claim constructions of the terms “designation software controller” and “step of controlling the keeping” are proper and not subject to §112(6) means‑plus‑function or step‑plus‑function analysis. Amazon further maintains that its construction positions align with those adopted in related district‑court litigation and that the Director should not exercise discretionary denial of the institution decision.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Amazon.com, Inc. et al. vs NL Giken Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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