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ABB Inc. v. RoboticVISIONTech, Inc.

Docket IPR2023-01426, Patent Trial and Appeal Board (Sept. 22, 2023)
Case TypeInter Partes Review
Patent
8095237
Patent Owner RoboticVISIONTech, Inc.
Petitioner ABB Inc.
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8 Institution Decision Deny: Institution Decision Deny

Document IPR2023-01426, No. 8 Institution Decision Deny - Institution Decision Deny (P.T.A.B. Apr. 1, 2024)
To institute an inter partes review, we must determine that the information presented in the Petition shows “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).
Patent 8,095,237 B2 intrinsic parameters (i.e., focal length, image center, real pixel size, and radial and tangential distortion for the lens) and the position of the camera relative to the tool.
Petitioner then argues that one of ordinary skill in the art “would have understood that Corke’s references to ‘the image’ teaches that only features from a single captured image are used to determine the object space-to-camera space transformation.” Id. at 19 (quoting Ex. 1004, 154).
In particular, Petitioner argues that Corke describes needing “additional information” to “determine the 3D relative pose of an object ... from 2D image coordinates,” and such additional information “includes ‘knowledge of the relationship between the observed feature
Petitioner, however, does not adequately explain how or why Corke’s camera calibration matrix, C, which “represents the relationship between 3-D world coordinates and their corresponding 2-D image coordinates” (Ex. 1004, 138 (emphasis added)), would relate in any way to an “object space” (i.e., a reference frame defined with respect to, and
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3 Notice Notice filing date accorded: Notice Notice filing date accorded

Document IPR2023-01426, No. 3 Notice Notice filing date accorded - Notice Notice filing date accorded (P.T.A.B. Oct. 4, 2023)
For more information, please consult the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012), which is available on the Board Web site at http://www.uspto.gov/PTAB.
Patent Owner is advised of the requirement to submit mandatory notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of the petition.
The parties are advised that under 37 C.F.R. § 42.10(c), recognition of counsel pro hac vice requires a showing of good cause.
Such motions shall be filed in accordance with the “Order -- Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639, Paper 7, a copy of which is available on the Board Web site under “Representative Orders, Decisions, and Notices.” The parties are reminded that unless otherwise permitted by 37 C.F.R. § 42.6(b)(2), all filings in this proceeding must be made electronically in the Patent Trial Appeal Case Tracking System (P-TACTS), accessible from the Board Web site at http://www.uspto.gov/PTAB.
Many non-profit organizations, both inside and outside the intellectual property field, offer alternative dispute resolution services.
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7 Notice Exhibit list: Petitioners Updated Exhibit List

Document IPR2023-01426, No. 7 Notice Exhibit list - Petitioners Updated Exhibit List (P.T.A.B. Jan. 19, 2024)
Regarding Invalidity of U.S. Patent No. 8,095,237 Peter I. Corke, Visual Control of Robots: High-Performance Visual Servoing (Aug. 1996) (“Corke”) Guo-Qing Wei, et al., “Active Self-calibration of Robotic Eyes and Hand-eye Relationships with Model Identification,” TRANSACTIONS ON ROBOTICS AND ANIMATION, vol.
14, No. 1, Feb 1998 (“Wei-I”) “Multisensory Visual Servoing by a Neural Network,” Guo-Qing Wei et al., IEEE Transactions on Systems, Man and Cybernetics, April 1999 (“Wei-II”).
1007 RoboticVISIONTech, Inc. v. ABB Inc., No. 1:22-cv-01257, Summons in a Civil Action (served Sept. 23, 2023).
1008 U.S. Patent No. 4,146,924 to Birk et al. 1009 U.S. Patent No. 5,959,425 to Bieman et al. 1010 Declaration of Sylvia Hall-Ellis, Ph.D. 1011 Docket Sheet, RoboticVISIONTech, Inc. v. ABB Inc., Case No. 1:22-cv-01257-GBW (D.
Exhibit Description 1012 Curriculum Vitae of Seth Hutchinson, Ph.D. 1013 Scheduling Order, RoboticVISIONTech, Inc. v. ABB Inc., Case No. 1:22-cv-01257-GBW (D.
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6 POPR filed: Patent Owners Preliminary Response

Document IPR2023-01426, No. 6 POPR filed - Patent Owners Preliminary Response (P.T.A.B. Jan. 4, 2024)
The patent explains that prior “camera systems [] have used laser triangulation which involves expensive specialized sensors, must be rigidly packaged to maintain geometric relationships, require sophisticated inter-tool calibration methods and tend to be susceptible to damage or misalignment when operating in industrial environments.” Id. at 1:32–37.
However, it is blackletter law that when an element is not taught by the prior art, “there must be a showing of a suggestion or motivation to modify the teachings of that reference to the claimed invention in order to support the obviousness conclusion.” SIBIA Neurosciences, Inc. v. Cadus Pharm. Corp., 225 F.3d 1349, 1356 (Fed. Cir. 2000).
For instance, Corke provides an example of “visual servoing” in which “[t]hree robot DOF [(degrees of freedom)] are controlled by image features so as to keep the camera at a constant height vertically above a target rotating on a turntable,” as illustrated in Corke’s Figure
As explained below, Petitioner’s argument makes no sense temporally or logically because the claimed transformation needs to be based at least in part on features located in the “target object,” but the “target object” is not present in Corke when the camera is being calibrated; it comes into play only afterwards.
Specifically, the parties have exchanged initial infringement and invalidity contentions, document production and interrogatory responses are well underway, and all claim construction briefing will be completed prior to April 4, 2024, the date by which an institution decision is due here.
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5 Notice Mandatory Notice: Patent Owners Mandatory Notice

Document IPR2023-01426, No. 5 Notice Mandatory Notice - Patent Owners Mandatory Notice (P.T.A.B. Oct. 9, 2023)
Mail Stop “PATENT BOARD” Patent Trial and Appeal Board U.S. Patent and Trademark Office P.O.
These Notices are being timely filed within 21 days of service of the Petition.
The Patent Owner and real party-in-interest is RoboticVISIONTech, Inc.
U.S. Patent No. 8,095,237 (“the ’237 patent”) is at issue in the pending district court proceeding RoboticVISIONTech, Inc. v. ABB Inc., Case No. 1:22-cv- 01257-GBW (D.
Please address all correspondence to the lead and back-up counsel as shown above.
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4 Notice Power of Attorney: Patent Owners Power of Attorney

Document IPR2023-01426, No. 4 Notice Power of Attorney - Patent Owners Power of Attorney (P.T.A.B. Oct. 9, 2023)

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2 Notice Power of Attorney: Notice Power of Attorney

Document IPR2023-01426, No. 2 Notice Power of Attorney - Notice Power of Attorney (P.T.A.B. Sep. 22, 2023)
Petitioner, ABB, Inc., hereby appoints the following practitioners as ABB, Inc.’s counsel to transact all business in the United States Patent and Trademark Office in connection with the above-captioned inter partes review.
Dated: ACTIVE 690358305v1 September 20, 2023
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