Paper 12
`Trials@uspto.gov
`571-272-7822
`
` Entered: October 23, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE GILLETTE COMPANY,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01014
`Patent 6,853,142 B2
`____________
`
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
` Entered: October 23, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE GILLETTE COMPANY,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01014
`Patent 6,853,142 B2
`____________
`
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`
`IPR2014-01014
`Patent 6,853,142 B2
`
`
`
`
`
`
`I. INTRODUCTION
`The Gillette Company (“Gillette”) filed a Petition requesting inter
`partes review of claims 21, 24, 26–28, 31, 32, 37, and 38 of U.S. Patent No.
`6,853,142 B2 (“the ’142 Patent”). Paper 3 (“Pet.”). Zond, LLC (“Zond”)
`timely filed a Preliminary Response. Paper 8 (“Prelim. Resp.”). We have
`jurisdiction under 35 U.S.C. § 314, which provides that an inter
`partes review may not be instituted “unless . . . there is a reasonable
`likelihood that the petitioner would prevail with respect to at least 1 of the
`claims challenged in the petition.” 35 U.S.C. § 314(a).
`Upon consideration of the information presented in the Petition and
`the Preliminary Response, we determine that there is a reasonable likelihood
`that Petitioner would prevail in challenging claims 21, 24, 26–28, 31, 32, 37,
`and 38. Accordingly, pursuant to 35 U.S.C. § 314, we authorize an inter
`partes review to be instituted as to the challenged claims.
`
`A. Related District Court Proceedings
`
`Gillette indicates that the ’142 Patent was asserted in Zond, LLC v.
`
`Gillette Co., No. 1:13-cv-11567-DJC (D. Mass.). Pet. 1. Gillette also
`identifies other proceedings in which Zond asserted the ’142 Patent. Id.
`
`B. Related Inter Partes Reviews
`
`The following Petitions for inter partes review also challenge the
`same claims, based on the same grounds of unpatentability as those in the
`instant proceeding: Intel Corp. v. Zond, LLC., Case IPR2014-00496;
`Taiwan Semiconductor Manuf. Co., v. Zond, LLC., Case IPR2014-00819;
`
`
`
`2
`
`
`
`IPR2014-01014
`Patent 6,853,142 B2
`
`
`
`
`
`
`Fujitsu Semiconductor, Ltd. v Zond, LLC, Case IPR2014-00867; and
`Advanced Micro Devices, Inc. v. Zond, LLC, Case IPR2014-01046.
`In IPR2014-00496, we terminated the proceeding, prior to institution,
`in light of the Joint Motion to Terminate and Written Settlement Agreement
`filed by Intel and Zond in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(b). IPR2014-00496, Paper 7; IPR2014-00494, Ex. 1018.
`In IPR2014-00819, we instituted inter partes review of claims 21, 24,
`26–28, 31, 32, 37, and 38 of the ’142 Patent, based on the following ground
`of unpatentability:
`
`Claims
`
`Basis
`
`References
`
`21, 24, 26–28, 31, 32, 37, and 38
`
`§ 103(a) Wang and Kudryavtsev
`
`
`
`Gillette filed a renewed Motion for Joinder with IPR2014-00819.
`Paper 10. In a separate Decision, we grant Gillette’s renewed Motion,
`joining the instant proceeding with IPR2014-00819, and terminating the
`instant proceeding.
`
`C. Prior Art Relied Upon
`
`Gillette relies upon the following prior art references:
`Wang
`
`
`US 6,413,382
`July 2, 2002
`
`
`(Ex. 1205)
`
`D.V. Mozgrin, et al., High-Current Low-Pressure Quasi-Stationary
`Discharge in a Magnetic Field: Experimental Research, 21 PLASMA
`PHYSICS REPORTS 400–409 (1995) (Ex. 1203) (hereinafter “Mozgrin”).
`
`A. A. Kudryavtsev and V.N. Skerbov, Ionization Relaxation in a
`Plasma Produced by a Pulsed Inert-Gas Discharge, 28 SOV. PHYS. TECH.
`PHYS. 30–35 (Jan. 1983) (Ex. 1204) (hereinafter “Kudryavtsev”).
`
`
`
`3
`
`
`
`IPR2014-01014
`Patent 6,853,142 B2
`
`
`
`
`
`
`
`D.V. Mozgrin, High-Current Low-Pressure Quasi-Stationary
`Discharge in a Magnetic Field: Experimental Research, Thesis at
`Moscow Engineering Physics Institute (1994) (Ex. 1207) (hereinafter
`“Mozgrin Thesis”).
`
`
`D. Asserted Grounds of Unpatentability
`Gillette asserts the following grounds of unpatentability:
`
`Claim(s)
`
`Basis
`
`References
`
`21, 26–28, 31, 37, and 38 § 103(a) Mozgrin and Kudryavtsev
`§ 103(a) Mozgrin, Kudryavtsev, and
`Mozgrin Thesis
`§ 103(a) Wang and Kudryavtsev
`
`24 and 32
`21, 24, 26–28, 31, 32,
`37, and 38
`
`
`II. ANALYSIS
`
`A. Claim Construction
`
`The parties make the same claim construction arguments that Taiwan
`Semiconductor Manufacturing Company, Ltd. and TSMC North America
`Corp. (collectively, “TSMC”) and Zond made in IPR2014-00819. Compare
`Pet. 12–14, with ’819 Pet. 13–15; compare Prelim. Resp. 17–19, with ’819
`Prelim. Resp. 17–19.
`We construed several claim terms identified by TSMC and Zond in
`IPR2014-00819. See ’819 Dec. 6–8. For the purposes of the instant
`decision, we incorporate our previous analysis and apply those claim
`constructions here.
`
`
`
`4
`
`
`
`IPR2014-01014
`Patent 6,853,142 B2
`
`
`
`
`
`
`B. Obviousness over Wang and Kudryavtsev
`In its Petition, Gillette asserts the same ground of unpatentability
`based on the combination of Wang and Kudryavtsev, as that on which a trial
`was instituted in IPR2014-00819. See Pet. 39–56; ’819 Dec. 22. Gillette’s
`arguments are substantively identical to the arguments made by TSMC in
`IPR2014-00819. Compare Pet. 39–56, with ’819 Pet. 39–56. Gillette also
`proffers the same Declaration of Dr. Uwe Kortshagen that TSMC submitted
`in support of its Petition. Compare Ex. 1202, with IPR2014-00819
`Ex. 1202. Zond’s arguments in the Preliminary Response are essentially
`identical to those arguments that it made in IPR2014-00819. Compare
`Prelim. Resp. 21–47, with ’819 Prelim. Resp. 21–47.
`We incorporate our previous analysis regarding the asserted ground of
`unpatentability based on the combination of Wang and Lantsman (’819 Dec.
`9–20), and determine that Gillette has demonstrated a reasonable likelihood
`of prevailing on this ground of unpatentability.
`
`C. Other Asserted Ground of Unpatentability
`
`Gillette also asserts that claims 21, 24, 26–28, 31, 32, 37, and 38 are
`unpatentable on other grounds. The Board’s rules for inter partes review
`proceedings, including those pertaining to institution, are “construed to
`secure the just, speedy, and inexpensive resolution of every proceeding.” 37
`C.F.R. § 42.1(b); see also 35 U.S.C. § 316(b) (regulations for inter partes
`review proceedings take into account “the efficient administration of the
`Office” and “the ability of the Office to timely complete [instituted]
`proceedings”). Therefore, we exercise our discretion and do not institute a
`review based on these other asserted grounds for reasons of administrative
`5
`
`
`
`
`
`IPR2014-01014
`Patent 6,853,142 B2
`
`
`
`
`
`
`necessity to ensure timely completion of the instituted proceeding. See 37
`C.F.R. § 42.108(a).
`
`III. CONCLUSION
`For the foregoing reasons, we determine that the information
`presented in the Petition shows that there is a reasonable likelihood that
`Gillette would prevail in challenging claims 21, 24, 26–28, 31, 32, 37, and
`38 of the ’142 Patent as unpatentable under 35 U.S.C. § 103(a). At this
`stage in the proceeding, we have not made a final determination with respect
`to the patentability of the challenged claims.
`
`IV. ORDER
`
`Accordingly, it is:
`ORDERED that pursuant to 35 U.S.C. § 314(a), an inter partes
`review is hereby instituted for the following grounds of unpatentability:
`
`Claims
`
`Basis
`
`References
`
`§ 103(a) Wang and Kudryavtsev
`
`21, 24, 26–28, 31, 32, 37, and 38
`
`FURTHER ORDERED that no other ground of unpatentability
`asserted in the Petition is authorized for this inter partes review; and
`FURTHER ORDERED that pursuant to 35 U.S.C. § 314(c) and
`37 C.F.R. § 42.4, notice is hereby given of the institution of a trial; the trial
`will commence on the entry date of this decision.
`
`
`
`
`
`
`6
`
`
`
`
`
`IPR2014-01014
`Patent 6,853,142 B2
`
`
`
`
`
`
`For PETITIONER:
`Michael A. Deiner
`Larissa B. Park
`WILMER, CUTLER, PICKERING, HALE AND DORR, LLP
`Michael.Diener@wilmerhale.com
`Larissa.Park@wilmerhale.com
`
`
`
`PATENT OWNER:
`
`Gregory Gonsalves
`THE GONSALVES LAW FIRM
`gonsalves@gonsalveslawfirm.com
`
`Bruce Barker
`CHAO HADIDI STARK & BARKER LLP
`bbarker@chsblaw.com
`
`
`
`
`
`
`7
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
