Short Summary
The PTAB Director denied institution of IPRs against Champion Power Equipment because Generac Power Systems presented inconsistent claim construction arguments in related litigation versus before the Board. This decision reinforces precedents requiring petitioners to maintain a single, consistent interpretation of patent claims.
Detailed Summary
In this Director Review, the USPTO Director vacated prior decisions granting institution and ultimately denied the IPR petitions against Champion Power Equipment. The denial was based on Generac Power Systems' inconsistent claim construction positions regarding key terms like 'desired pressure' and 'selector switch.' Citing precedents such as Revvo and Tesla, the Director ruled that allowing conflicting arguments detracts from the goal of predictability in the patent system, thereby preventing trial institution.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Harbor Freight Tools USA, Inc. et al. vs Champion Power Equipment, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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