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EMC Corporation v. CLOUDING CORP

Docket IPR2015-01922, Patent Trial and Appeal Board (Sept. 16, 2015)
Jameson Lee, Michael Kim, Rama Elluru, presiding
Case TypeInter Partes Review
Patent
5944839
Patent Owner CLOUDING CORP
Petitioner EMC Corporation
Assignee DBD CREDIT FUNDING LLC, AS COLLATERAL AGENT
...
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EMC Corporation v. Clouding Corp.

Docket IPR2014-01309, Patent Trial and Appeal Board (Aug. 16, 2014)
Jameson Lee, Miriam Quinn, Rama Elluru, presiding
Case TypeInter Partes Review
Patent
5944839
Petitioner EMC Corporation
Patent Owner Clouding Corp.
Assignee DBD CREDIT FUNDING LLC, AS COLLATERAL AGENT
...
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36 Final Decision: Final Written Decision on Remand

Document IPR2014-01309, No. 36 Final Decision - Final Written Decision on Remand (P.T.A.B. Oct. 17, 2017)
Of relevance to this decision, the Federal Circuit determined that Patent Owner’s only argument to the Board in support of nonobviousness was that Petitioner’s proposed combination of Barnett and Allen ’664 would not yield a solution that involves “saving a state of a computer system,” as the second half of claim 6, step 5 requires.
In addition, as Petitioner argues, “Barnett explicitly contemplates an embodiment in which the diagnostic system would initially fail to determine a likely solution to a fault, but in which its configuration manager nonetheless remains capable of introducing ‘new component types, which require new models and meta-models.’” Pet.
Dr. Sacerdoti, Petitioner’s expert, states that a skilled artisan “would understand this citation to mean that, absent the encoding of models and meta-models describing the new component types, the diagnostic system would be unable to derive a precise diagnosis.” Ex. 1024 ¶ 18.
Patent Owner concludes that “any combination of Barnett and Allen ’664 would, at best, save case criteria and user-supplied information as a new case and would not save computer state, as required by claim 6.” Id. We have reviewed Patent Owner’s argument and evidence and determine that Petitioner has shown by a preponderance of the evidence that the combination of Allen ’664 teaches and Barnett teaches the limitation at issue.
Petitioner’s argument is supported by Dr. Sacerdoti’s testimony, which was formed from his “own extensive experience in managing and teaching the development of rule-based expert systems, and from what [he was] aware was the state of the art at the time of the invention of the ’839 patent.” Ex. 1024 ¶ 32.
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9 Notice: Notice of Refund

Document IPR2015-01922, No. 9 Notice - Notice of Refund (P.T.A.B. Jul. 8, 2016)

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7 Decision Denying Institution: Decision Denial of Inter Partes Review

Document IPR2015-01922, No. 7 Decision Denying Institution - Decision Denial of Inter Partes Review (P.T.A.B. Mar. 16, 2016)
37 C.F.R. § 42.100(b), see also Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,766 (Aug. 14, 2012); In re Cuozzo Speed Techs., LLC, 793 F.3d 1268, 1277–78 (Fed. Cir. 2015) (“We conclude that Congress implicitly approved the broadest reasonable interpretation standard in enacting the AIA.”), cert.
Independent claim 15 similarly recites “when a likely solution to the computer problem does not exist, saving the sensed information as a new case of the plurality of cases” (emphasis added).
Patent 5,944,839 “[f]or unknown faults, the reactive SFM process assists the engineer during the trouble shooting by providing access to relevant information and tools.” (Emphasis added).
Dr. Sacerdoti asserts that “[Douik’s] standard operation entails automatically storing network and traffic data from the telecommunication switches (that is, the state of the distributed computer system).” Ex. 1009 § 40 (citing Ex. 1003, 29:61–64) (emphasis added).
Dr. Sacerdoti further asserts that “[w]hen diagnosing a fault in the computer system in ‘reactive mode,’ Douik saves relevant information in order to provide it to an engineer responsible for effecting the repair.” Ex.
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34 Final Decision: Final Written Decision

Document IPR2014-01309, No. 34 Final Decision - Final Written Decision (P.T.A.B. Jan. 29, 2016)

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33 Notice: Record of Oral Hearing

Document IPR2014-01309, No. 33 Notice - Record of Oral Hearing (P.T.A.B. Nov. 30, 2015)

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4 Notice of Filing Date Accorded to Petition: Notice of Filing Date Accorded to Petitio...

Document IPR2015-01922, No. 4 Notice of Filing Date Accorded to Petition - Notice of Filing Date Accorded to Petition (P.T.A.B. Sep. 23, 2015)

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