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Caterpillar Inc. v. Brookins, Ernie

Docket IPR2017-01020, Patent Trial and Appeal Board (Mar. 3, 2017)
Beverly Bunting, Jill Hill, Timothy Goodson, presiding
Case TypeInter Partes Review
Patent
7824290
Patent Owner Brookins, Ernie
Petitioner Caterpillar Inc.
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38 Final Decision: Final Written Decision

Document IPR2017-01020, No. 38 Final Decision - Final Written Decision (P.T.A.B. Sep. 11, 2018)
Now, with the trial record fully developed, our determination regarding the patentability of the challenged claims does not turn on the interpretation of “gear set.” As such, we construe the term “gear set” as “a set of gears” for the reasons provided in our Decision on Institution.
Petitioner, relying on the testimony of its declarant, contends that “[a] person of ordinary skill in the art at the time of the invention (“POSITA”) of the ’290 patent would have a degree in mechanical engineering or equivalent, and 3–5 years’ experience in the research, development, or application of hydraulic systems.” Pet. 12 (citing Ex. 1002 ¶¶ 14–17).
Petitioner counters that we correctly determined in our Decision on Institution that “‘[t]he election of an invention in response to an ambiguous restriction requirement ... cannot be said to provide any guidance forming a basis for narrowing a broadly drafted claim.’” Reply 4 (citing Dec. on Inst.
Based on the entire record, Petitioner presents sufficient arguments and credible evidence to support a finding that Keiser discloses “a cylinder block of said hydrostatic pump being coupled to one of said gear set” as required by claim 1.
In support thereof, Petitioner identifies the disclosures in the cited references alleged to describe the subject matter in the challenged claims as well as reasons why one skilled in the art would have modified Keiser based on the teachings of Rush, Whitaker, and Britt.
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37 Hearing Transcript: Hearing Transcript

Document IPR2017-01020, No. 37 Hearing Transcript - Hearing Transcript (P.T.A.B. Jun. 21, 2018)
The above-entitled matter came on for hearing on Tuesday, June 5, 2018, commencing at 1:19 p.m., at the U.S. Patent and Trademark Office, Madison Building, 600 Dulany Street, Alexandria, Virginia 22314.
JUDGE GOODSON: Are you aware of any authority, apart from the federal circuit case that was cited in our institution decision, that addresses the effect of a restriction requirement on the main scopes?
Petitioner's obvious objections are all predicated on the (inaudible) assumption that a skilled artisan could have achieved a rotational power distribution and control system -- I'm sorry, I'm on slide 14.
There's no -- there's simply no nexus to the claim language, no commercial success, long failed unsolved needs, failure of others ... there was reference to a press release by the Patent Owner, but nothing beyond that.
When Caterpillar threatened to file the IPR petition, it was in a hearing in federal court in Fargo, and my husband's statement was that he looked forward to that because the outcome of that, he felt, he was sure would be the validity and strength of his patent.
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36 Order: Oral Hearing

Document IPR2017-01020, No. 36 Order - Oral Hearing (P.T.A.B. May. 14, 2018)

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31 Order: Scheduling Order

Document IPR2017-01020, No. 31 Order - Scheduling Order (P.T.A.B. Sep. 12, 2017)

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30 Institution Decision: Trial Instituted Document

Document IPR2017-01020, No. 30 Institution Decision - Trial Instituted Document (P.T.A.B. Sep. 12, 2017)

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27 Corrected Petition: NOTICE OF ACCEPTING CORRECTED PETITION

Document IPR2017-01020, No. 27 Corrected Petition - NOTICE OF ACCEPTING CORRECTED PETITION (P.T.A.B. Apr. 4, 2017)

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25 Notice of Filing Date Accorded to Petition: Notice of Accord Filing Date

Document IPR2017-01020, No. 25 Notice of Filing Date Accorded to Petition - Notice of Accord Filing Date (P.T.A.B. Mar. 28, 2017)

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