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Apple Inc. v. ImmerVision, Inc.

Docket IPR2023-00471, Patent Trial and Appeal Board (Jan. 18, 2023)
John Hamann, Kristina Kalan, Stephen Belisle, Steven Amundson, presiding
Case TypeInter Partes Review
Patent
6844990
Patent Owner ImmerVision, Inc.
Petitioner Apple Inc.
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LG Electronics Inc. v. ImmverVision, Inc.

Docket IPR2020-00179, Patent Trial and Appeal Board (Nov. 27, 2019)
Kimberly McGraw, Kristina Kalan, Wesley Derrick, presiding
Case TypeInter Partes Review
Patent
6844990
Patent Owner ImmverVision, Inc.
Petitioner LG Electronics Inc.
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LG Electronics Inc. v. ImmerVision, Inc.

Docket IPR2020-00195, Patent Trial and Appeal Board (Nov. 27, 2019)
Kimberly McGraw, Kristina Kalan, Wesley Derrick, presiding
Case TypeInter Partes Review
Patent
6844990
Patent Owner ImmerVision, Inc.
Petitioner LG Electronics Inc.
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28 Final Written Decision original: Final Written Decision Determining All Challenged Claims Unpatentable 35 USC § 318a

Document IPR2023-00471, No. 28 Final Written Decision original - Final Written Decision Determining All Challenged Claims Unpatentable 35 USC § 318a (P.T.A.B. Jul. 10, 2024)
1 Administrative Patent Judge Kristina M. Kalan filed a dissenting opinion finding that “the Board should exercise its discretion to deny institution under 35 U.S.C. § 325(d).” Dec. on Inst.
The question of obviousness is resolved on the basis of underlying factual determinations, including: (1) the scope and content of the prior art; (2) any differences between the claimed subject matter and the
More specifically, Petitioner argues that “Baker’s objective lens (including its series of multiple optical elements) ... is ‘designed to capture and enhance the peripheral content of a hemispheric scene.’” Id. at 36 (citing Ex. 1006, 8:60–62).
In particular, Petitioner argues that “‘[t]o maximize data collection and resolution for analysis and/or display of the relevant visual information located in this portion of the hemispheric scene,’ Baker contemplates ‘maximiz[ing] the dedication of the available image detection area to this peripheral field portion.’” Id. at 36–37 (quoting Ex. 1006, 8:32–36) (second alteration in original).
According to Petitioner, “[t]o perform this correction/transformation and ‘recreate a proper display of the [captured] scene in two dimensions for perspective-correct viewing,’ Baker’s system includes ‘processor logic in transform processor engine 22.’” Id. (second alteration in original) (citing Ex. 1006, 14:42–54).
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27 Other Hearing transcript: Other Hearing transcript

Document IPR2023-00471, No. 27 Other Hearing transcript - Other Hearing transcript (P.T.A.B. May. 6, 2024)
Nonetheless, if we go back to slide 7, we see that this straightforward feature that gets very little attention in the '990 Patent itself becomes the focus of Immervision's arguments about why new Independent Claim 27 distinguishes the Baker and Shiota combination.
And this is what I'm talking about when I say if it was so well-known to be true, and it was a person of ordinary skill in the art would absolutely know that you need to always reverse the normalization using the actual image size, you think the Petitioner would find something similar to what Smith has here to show it.
And this is -- Shiota is a reference that Patent Owner addressed in the previous re-examination, and Petitioner, in our opinion, has not demonstrated that a person of ordinary skill in the art would have understood using the size L of the obtained image feature to be in this
Point being, when you interpret paragraph 23, it's not only natural, we believe it's necessary in light of what you've just heard from their expert, that you conclude with a circumstance where the data is normalized, and you expect to use it for real world applications which showed is not shy about saying and you put it into
So, ultimately without a document showing that it was known to be using the size of the image to back out a normalization, I think what it comes down to is the testimony of two experts, one who says a person of ordinary skill in the art will understand magnification adjustment in Shiota to mean this, and the other saying that's not how I would read it.
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25 Order on Motion: ORDER Setting Oral Argument 37 CFR § 4270

Document IPR2023-00471, No. 25 Order on Motion - ORDER Setting Oral Argument 37 CFR § 4270 (P.T.A.B. Mar. 15, 2024)
In accordance with the Consolidated Trial Practice Guide2 (“CTPG”), issued in November 2019, Patent Owner may request to reserve time for a brief sur-rebuttal.
Finally, the parties are reminded that each presenter should identify clearly and specifically each paper (e.g., by slide or screen number for a demonstrative) referenced during the hearing to ensure the clarity and
During the hearing, the parties are reminded to identify clearly and specifically each paper referenced (e.g., by slide or screen number for a demonstrative) to ensure the clarity and accuracy of the court reporter’s transcript and for the benefit of all participants appearing electronically.
The Board will grant up to fifteen (15) minutes of additional argument time to that party, depending on the length of the proceeding and the PTAB’s hearing schedule.
All practitioners are expected to have a command of the factual record, the applicable law, and Board procedures, as well as the authority to commit the party they represent.
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17 Order Other: Panel Change Order

Document IPR2023-00471, No. 17 Order Other - Panel Change Order (P.T.A.B. Dec. 12, 2023)
Before KALYAN K. DESHPANDE, Acting Deputy Chief Administrative Patent Judge.
The parties are notified that the panel has changed in the above- referenced proceeding.
Due to unavailability, Administrative Patent Judge Steven M. Amundson replaces Administrative Patent Judge Kristina M. Kalan on the panel.
Thus, Administrative Patent Judges John D. Hamann, Steven M. Amundson, and Stephen E. Belisle now constitute the panel for consideration of all matters in this proceeding.
All prior decisions and orders remain in effect.
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14 RehearingDecision on Request for Rehearing : RehearingDecision on Request for Rehearing

Document IPR2023-00471, No. 14 RehearingDecision on Request for Rehearing - RehearingDecision on Request for Rehearing (P.T.A.B. Aug. 29, 2023)
Under 37 C.F.R. § 42.71(d), a patent owner who requests rehearing of a decision denying institution must identify specifically all matters we misapprehended or overlooked.
Patent Owner argues that the majority misapprehended “the quantity and quality of expert testimony” relating to a specific claim element in declining to exercise discretion to deny institution under 35 U.S.C. § 325(d).
Hence, Patent Owner does not meet its burden in showing that we abused our discretion in finding that these paragraphs walk through how Baker and Shiota teach the relevant claim element.
To find otherwise would exalt form over substance, and would prevent us from properly “balanc[ing] [P]etitioner’s desire to be heard against the interest of ... [P]atent [O]wner in avoiding duplicative challenges to its patent.” Consolidated Trial Practice Guide2 (Nov. 2019), 62.
We accordingly conclude that Patent Owner has not carried its burden of demonstrating that the Board abused its discretion or misapprehended or overlooked any matters in rendering the majority Decision.
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