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Inter Partes Review of U.S. Pat. 8,585,136

Docket IPR2017-00462, Patent Trial and Appeal Board (Dec. 10, 2016)
Mitchell Weatherly, Sally Medley, Thomas Giannetti, presiding
Case TypeInter Partes Review
Patent
8585136
Petitioner Doe, Jane
Patent Owner Doe, Pat
Assignee SAUDER MANUFACTURING CO.
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J Squared, Inc. d/b/a University Loft Company v. Sauder Manufacturing Company

Docket IPR2015-00774, Patent Trial and Appeal Board (Feb. 19, 2015)
James Worth, Josiah Cocks, Linda Horner, presiding
Case TypeInter Partes Review
Patent
8585136
Petitioner J Squared, Inc. d/b/a University Loft Company
Patent Owner Sauder Manufacturing Company
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6 Termination Decision Document: Termination Decision Document

Document IPR2017-00462, No. 6 Termination Decision Document - Termination Decision Document (P.T.A.B. Dec. 10, 2016)
that “[e]ach noode typicallly comprisses a ... mmemory uniit 204” whiich may Cases IPR2012-00026 and IPR2013-00109 Patent 6,757,717 include “storage locations typically composed of random access memory (RAM) devices.” Id. at col. 5, ll. 40–47.
It is typically stored in memory as a data tree structure, but to enable clients and servers to communicate this information over HTTP, an index can be described using XML.
However, Microsoft has not presented evidence that the computers or routers described by Perlman necessarily use permanent storage memory Cases IPR2012-00026 and IPR2013-00109 Patent 6,757,717 as recited in claims 1 and 3.
Dr. Long testified that a skilled artisan would have considered Yohe and Perlman to be closely related technologies that are natural to combine because both references address the same problem and use the same algorithm in similar applications.
The ’717 Patent states: “The performance gains realized by the present invention are derived from the fact that computers in common wide-area networks tend to repetitively transmit the same data over the network.” Ex. 1002, col. 6, ll. 17–20.
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7 Termination Decision Document: Termination Decision Document

Document IPR2017-00462, No. 7 Termination Decision Document - Termination Decision Document (P.T.A.B. Dec. 10, 2016)
that “[e]ach noode typicallly comprisses a ... mmemory uniit 204” whiich may Cases IPR2012-00026 and IPR2013-00109 Patent 6,757,717 include “storage locations typically composed of random access memory (RAM) devices.” Id. at col. 5, ll. 40–47.
It is typically stored in memory as a data tree structure, but to enable clients and servers to communicate this information over HTTP, an index can be described using XML.
However, Microsoft has not presented evidence that the computers or routers described by Perlman necessarily use permanent storage memory Cases IPR2012-00026 and IPR2013-00109 Patent 6,757,717 as recited in claims 1 and 3.
Dr. Long testified that a skilled artisan would have considered Yohe and Perlman to be closely related technologies that are natural to combine because both references address the same problem and use the same algorithm in similar applications.
The ’717 Patent states: “The performance gains realized by the present invention are derived from the fact that computers in common wide-area networks tend to repetitively transmit the same data over the network.” Ex. 1002, col. 6, ll. 17–20.
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3 Notice of Filing Date Accorded to Petition: Notice of Accord Filing Date

Document IPR2017-00462, No. 3 Notice of Filing Date Accorded to Petition - Notice of Accord Filing Date (P.T.A.B. Dec. 10, 2016)
The petition for inter partes review in the above proceeding has been accorded the filing date of September 18, 2012.
Patent Owner may file a preliminary response to the petition no later than three months from the date of this notice.
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://ww.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 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 Review Processing System (PRPS), accessible from the Board Web site at http://www.uspto.gov/PTAB.
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38 Order: CAFC Termination of Appeal

Document IPR2015-00774, No. 38 Order - CAFC Termination of Appeal (P.T.A.B. Sep. 25, 2017)
United States Court of Appeals for the Federal Circuit
Appeals from the United States Patent and Trade- mark Office, Patent Trial and Appeal Board in Nos.
J SQUARED, INC. v. SAUDER MANUFACTURING COMPANY Upon consideration thereof,
2) Each party shall bear their own fees and costs.
ISSUED AS A MANDATE: September 25, 2017
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1 Petition: test petition 20161210

Document IPR2017-00462, No. 1 Petition - test petition 20161210 (P.T.A.B. Dec. 10, 2016)
Prior Art: Each of Perlman (e.g., the receiver requests database contents (e.g., CSNP) or fragment thereof), Yohe (e.g., Fig. 15, step 724), and Santos (e.g., Petition for Inter Partes Review of U.S. Patent No. 6,757,717 Page 26
In the absence of such a specific description, we assume that anyone desiring to carry out such computerized warehousing and inventory control systems would know of the equipment and techniques to be used.”) B. Obviousness: Arguable Differences From Some Claims Perlman: Perlman’s illustrative embodiment is a general-purpose computer running a link state router protocol requiring rapid propagation of routing table updates, and thus naturally stores its digital fingerprints in RAM, not in the receiver’s permanent memory (cf.
For example, read/write speed is paramount in the routing table synchronization application of Perlman’s illustrative embodiment, not storage capacity, and routers typically are rebooted only rarely, so its cache naturally was in volatile RAM.
On the other hand, Yohe’s illustrative application of synchronizing entire file systems (on client computers that might be rebooted frequently), recommended the greater storage capacity and persistence of storing the cache on disk not solely in RAM.
FILED VIA PRPS ON: September 18, 2012 Certificate of Service in Compliance With 37 C.F.R. § 42.6(e)(4) The undersigned certifies that a complete copy of this Petition for Inter Partes Review was served on the official correspondence address for the ’717 Patent shown in PAIR and the attorneys of record for Plaintiff in the concurrent litigation matter:
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35 Final Decision: Final Written Decision

Document IPR2015-00774, No. 35 Final Decision - Final Written Decision (P.T.A.B. Jun. 27, 2016)
Patent 8,585,136 B2 construed “assembly,” “positioned below,” “structured so as to function as rockers,” “coupled,” “engaged,” “first configuration,” “accessible,” “perimeter edge ... with a rotationally asymmetric geometry,”5 “latch moving between closed and open positions,” “pedestal that ... includes a connector,” and “means for releasably engaging said chair to said base portion.” Dec. 10‒22.
The ’136 patent shows a preferred embodiment of saddle 310 having a flat surface with a specially configured perimeter edge and that fits, in at least one orientation, between the rocker legs and cooperatively receives the latch and claw to engage with and be coupled to the seat structure.
For example, Sauder cites to the description provided in column 6, lines 35‒62 of the ’136 patent as support for its assertion that the claim must be read to encompass only an instances in which the rockers are formed integrally with the base legs.
For the reasons provided supra, we interpret the structure corresponding to the “manually operable means” to cover the claw 142 and latch 160 and equivalents thereof for performing the recited function of “releasably engaging said chair to said base portion.”
Sauder further argues that because Mackey’s saddle has upwardly projecting rims on the sides and an extension 4 on the back, such a configuration “would discourage reasonable persons from using the cabinet top as a sitting surface.” Id. Mackey discloses in Figures 1‒3 the claimed subject matter.
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