Petitioner, Nissan North America, Inc. et al. (“Petitioner”), filed an amended petition (Paper 6, “Pet.”) requesting inter partes review of claims 1-5, 12-16, 18, 19, 21, 25-31, and 34-36 of U.S. Patent No. 6,324,463 (the “’463 patent”).
To institute an inter partes review, we must determine the information presented in the Petition and the Preliminary Response 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 Owner first asserts we should deny inter partes review on a proposed ground of unpatentability because the Petition provides only a partial translation of Celsior.
In addition, the term “maintain” in Patent Owner’s proposed construction is unduly narrow, because it forecloses temporary acceleration of the vehicle while the cruise control system is engaged.
For purposes of this decision, we also are persuaded by Petitioner’s contention that a person of ordinary skill would have been motivated by the Celsior disclosure to modify the Prometheus cruise control system to include this feature.