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95 Termination Decision Document: Termination Decision Document

Document IPR2019-01051, No. 95 Termination Decision Document - Termination Decision Document (P.T.A.B. Dec. 15, 2020)
... professor and registered professional engineer who has “extensive personal and professional experience with farming and seed planting equipment,” and that the three instances in which his testimony was excluded were personal injury ...
... of references together discloses all of the limitations in a claim, the Board “must determine whether there was an ‘apparent reason to combine the known elements in the fashion claimed by the patent at issue,’ and whether a person ...
... person of ordinary skill is also a person of ordinary creativity, not an automaton.” KSR, 550 U.S. at 421. Petitioner asserts that a person of ordinary skill in the art “would have had either: (1) a bachelor’s degree plus four years of ...
According to Patent Owner, a person of ordinary skill in the art would have had an undergraduate degree in mechanical engineering, agricultural engineering, or closely related field, and “about two years of experience designing agricultural products or related ...
... person would have reasonably expected success in in doing so. Petitioner argues that a person of ordinary skill in the art “would have recognized Koning’s brush belt as a known technique,” and would have found “[i]ncorporating Koning’s ...
... in the absence of a separate conveying member to bear their weight and a [person of ordinary skill in the art] would not predict that such a belt could be used successfully for that purpose because, for among other reasons, a [person ...
See Ex. 1002 ¶ 64 (Dr. Taylor testifying that “[a] person of ordinary skill in the art would have understood, through no more than routine experimentation, to incorporate Koning’s brush belt into Hedderwick’s system in such a manner that it receives seeds as the belt curves around ...
... [person of ordinary skill in the art] would use a brush belt for carrying seeds rather than covering them is the ’924 Patent. 33 IPR2019-01051 Patent 9,807,924 B2 In its Reply, Petitioner argues that “brush belts were well-known and used in many aspects of planting so a [ ...
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90 Final Decision: JUDGMENTFinal Written DecisionDetermining No Challenged Claims UnpatentableDenying in Part and Dismissing in Part Petitioners Motion to ExcludeDismissing Patent Owners Motion to Exclude

Document IPR2019-01054, No. 90 Final Decision - JUDGMENTFinal Written DecisionDetermining No Challenged Claims UnpatentableDenying in Part and Dismissing in Part Petitioners Motion to ExcludeDis...
... professor and registered professional engineer who has “extensive personal and professional experience with farming and seed planting equipment,” and that the three instances in which his testimony was excluded were personal injury ...
Additionally, “[a] person of ordinary skill is also a person of ordinary creativity, not an automaton.” KSR, 550 U.S. at 421. Petitioner asserts that a person of ordinary skill in the art “would have had either: (1) a bachelor’s degree plus four ...
According to Patent Owner, a person of ordinary skill in the art would have had an undergraduate degree in mechanical engineering, agricultural engineering, or closely related field, and “about two years of experience designing agricultural products or related ...
8 8 Petitioner provides separate reasons in support of combining Benac and Hedderwick, arguing that both references “disclose vacuum seed meters that adhere individual seeds on apertures of a seed metering disk,” and that a person of ordinary skill would have been motivated to apply Benac’s “paddle wheel that transfers seeds from the seed metering disk, ensuring their reliable release and improving seed spacing accuracy” to Hedderwick. Pet. 26–27; see ...
Thus, Petitioner reasons that an ordinarily skilled artisan would have been motivated to rely on Koning’s brush belt with bristles in place of Hedderwick’s endless belt with fins to “achieve the disclosed benefits of more uniform seed spacing.” Pet. 54–55 (citing Ex. 1002 ¶ 111); see also id. at 29 (asserting that a person of ordinary skill “desiring finer seed spacing would have been motivated to combine the teachings of Koning’s brush belt with the system of Hedderwick to achieve 30 IPR2019-01054 Patent 10,004,173 B2 finer seed control) ...
Petitioner provides insufficient persuasive evidence that a person of ordinary skill in the art would have had reason to use the brush belt of Koning in an undisclosed manner to receive seed into brush hairs 45 from Hedderwick’s seed meter disc located above the bristles, rather than to use brush ...
A [person of ordinary skill in the art] would not predict that Koning’s brush-belt could be used successfully for that purpose because, inter alia, a [person of ordinary skill in the art] would not predict that Koning’s belt would successfully ...
... [person of ordinary skill in the art] would use a brush belt for carrying seeds rather than covering them is the ’173 Patent. Id. ¶ 147. In its Reply, Petitioner argues that “brush belts were well-known and used in many aspects of planting so a [ ...
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95 Final Decision: Judgment Final Written Decision Determining No Challenged Claims UnpatentableDenying in Part and Dismissing in Part Petitioners Motion to ExcludeDismissing Patent Owner’s Motion to Exclude

Document IPR2019-01055, No. 95 Final Decision - Judgment Final Written Decision Determining No Challenged Claims UnpatentableDenying in Part and Dismissing in Part Petitioners Motion to ExcludeDism...
... professor and professional engineer who has “extensive personal and professional experience with farming and seed-planting equipment” and that the three instances in which his testimony was excluded were personal injury ...
Petitioner proposes that a person of ordinary skill in the art (POSITA) “would have had either: (1) a bachelor’s degree plus four years of experience in mechanical engineering, agricultural engineering, or a related field; or (2) a master’s ...
Specifically, we determine that a person of ordinary skill in the art would have had an undergraduate degree in mechanical engineering, agricultural engineering, or a similar field, and two years of experience designing agricultural products or related machinery.
... of references together discloses all of the limitations in a claim, the Board “must determine whether there was an ‘apparent reason to combine the known elements in the fashion claimed by the patent at issue,’ and whether a person ...
... the combination of the . . . references [is] supposed to work” is necessary to support “a conclusion that a relevant skilled artisan would have been motivated to make the combination and reasonably expect success in doing so.” Personal ...
... with a vacuum seed meter).” Pet. 41 (citing Ex. 1002 ¶ 79); see also id. at 40 (arguing that an ordinarily skilled artisan “would have recognized Koning’s brush belt and Benac’s paddle wheel as known techniques—tools in the [person ...
See, e.g., Ex. 1135 ¶ 78 (“[A] person of ordinary skill in the art would have determined through no more than routine experimentation how to orient Benac’s paddle wheel so that it could operate with Koning’s brush belt bristles to pinch ...
See Tr. 19:1–13 (“[S]ince these are relatively straightforward mechanical arts, this is an area where . . . persons of ordinary skill in the art, folks who are actually working in this field would know, how to configure this . . . so, that it would work.”); Ex. 2263, 180:8–181:13 (Mr. Prairie testifying, in response to question about whether the paddle ...
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95 Termination Decision Document: Termination Decision Document

Document IPR2019-01053, No. 95 Termination Decision Document - Termination Decision Document (P.T.A.B. Dec. 4, 2020)
... engineering professor and professional engineer who has “extensive person and professional experience with farming and seed-planting equipment” and that the three instances in which his testimony was excluded were personal injury ...
Petitioner proposes that a person of ordinary skill in the art (POSITA) “would have had either (1) a bachelor’s degree plus four years of experience in mechanical engineering, agricultural engineering, or a related field; or (2) a master’s ...
Specifically, we determine that a person of ordinary skill in the art would have had an undergraduate degree in mechanical engineering, agricultural engineering, or a similar field, and two years of experience designing agricultural products or related machinery.
... of references together discloses all of the limitations in a claim, the Board “must determine whether there was an ‘apparent reason to combine the known elements in the fashion claimed by the patent at issue,’ and whether a person ...
... the combination of the . . . references [is] supposed to work” is necessary to support “a conclusion that a relevant skilled artisan would have been motivated to make the combination and reasonably expect success in doing so.” Personal ...
See, e.g., Ex. 1135 ¶ 79 (“[A] person of ordinary skill in the art would have determined through no more than routine experimentation how to orient Benac’s paddle wheel so that it could guide or insert seeds into the brush belt bristles of ...
See Tr. 19:1–13 (“[S]ince these are relatively straightforward mechanical arts, this is an area where . . . persons of ordinary skill in the art, folks who are actually working in this field would know, how 33 IPR2019-01053 Patent 9,861,031 B2 to configure this . . . so, that it would work.”); Ex. 2263, 180:8–181:13 (Mr. Prairie testifying, in ...
Id. at 64; see also Pet. Reply 25 (“A [person of ordinary skill in the art] would have understood that the paddle wheel could be placed immediately after the wear plate and still perform its function of inserting seed into the brush belt at the ...
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24 Final Written Decision original: JUDGMENT Final Written Decision Determining No Challenged Claims Unpatentable 35 USC § 318a

Document IPR2023-00234, No. 24 Final Written Decision original - JUDGMENT Final Written Decision Determining No Challenged Claims Unpatentable 35 USC § 318a (P.T.A.B. Jun. 5, 2024)
B. Person of Ordinary Skill in the Art “The level of skill in the art is a factual determination” that provides a primary guarantee of objectivity in an obviousness analysis.
Petitioner, supported by its declarant, offers the following definition of a person of ordinary skill in the art (“POSA” or “POSITA”) at the time of the invention: A POSA as to the ’481 patent held a bachelor or graduate degree in physics, ...
... B1 Based on their statements of qualifications and curricula vitae, we find that Petitioner’s declarant Dr. Milner, and Patent Owner’s declarant Dr. Fried, are each qualified to provide technical opinions from the perspective of a person ...
... meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent.” Id. “[T]he ordinary and customary meaning of a claim term is the meaning that the term would have to a person ...
... Injury.” Ex. 1004 1(code (54)). Hsia relates to an apparatus and methods for treating skin using “a beam of radiation to cause spatially modulated thermal injury of the skin sufficient to elicit a healing response and 16 IPR2023-00234 ...
... injuries (i.e., first and second injuries).” PO Resp. 19–21 (citing Ex. 2001 ¶ 73–75; Ex. 1004 ¶ 69 (“The first pass and the second pass can differ by parameters including cooling.”); id. ¶ 15 (“[T]he invention can include a 7 We have addressed ...
... injury, which can elicit a healing response from substantially undamaged skin adjacent to the sub-surface volumes of thermal injury. A second beam of radiation can be delivered to a second region of skin to cause a second thermal injury, ...
In particular, Patent Owner contends, The same paragraph cited by Petitioner describes Figure 8 producing first thermal injuries 835 as “the first pass” and Figure 9, showing additional thermal injuries 910, as “the second pass.” Ex. ...
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32 Final Written Decision original: Final Written Decision original

Document IPR2022-00431, No. 32 Final Written Decision original - Final Written Decision original (P.T.A.B. Jul. 14, 2023)
... is configured to transmit ultrasound energy waves to target renal neural fibers outside of the blood vessel to thermally induce modulation of target neural fibers while protecting non-target tissue in the blood vessel wall from thermal injury ...
... 1–4, 8–11 12 1–3, 8, 9 35 U.S.C. §4 103(a) 103(a) 102(e)(2) 1–4, 8–11 103(a) 12 103(a) Reference(s)/Basis Levin, 5 Acker6 Levin, Acker, Yock7 Acker Acker, knowledge of a person of ordinary skill in the art Acker, knowledge of a person ...
... testimony, that [t]he level of ordinary skill encompassed a team of people, having a person with a Ph.D. or M.D. and five years of clinical and/or research experience treating diseases of the kidneys and circulatory systems and a person ...
Patent Owner responds that, “[f]or purposes of this proceeding, [Patent Owner] does not object to the definition of a person of ordinary skill in the art (‘POSITA’) proffered by Petitioner[] and adopted by the Board at institution as the result remains the same regardless of the definition—the Challenged Claims are valid.” PO Resp. 16; see also Dec. Inst.
Second, both Petitioner and Patent Owner discuss the phrase “protecting non-target tissue in the blood vessel wall from thermal injury” as recited in element 1d.
Petitioner asserts that the phrase “means protecting some non-target tissue from some thermal injury.” Pet. Reply 10.
... states that Acker is capable of being used to target renal neural fibers outside of the blood vessel to thermally induce modulation of target neural fibers while protecting non-target tissue in the blood vessel wall from thermal injury ...
... configured to transmit ultrasound energy waves to target renal neural fibers outside of the blood vessel to thermally induce modulation of target neural fibers while protecting non-target tissue in the blood vessel wall from thermal injury.” ...
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42 Final Written Decision original: Final Written Decision original

Document IPR2021-01535, No. 42 Final Written Decision original - Final Written Decision original (P.T.A.B. Apr. 18, 2023)
... claim is unpatentable under 35 U.S.C. § 103 if the differences between the claimed subject matter and the prior art are such that the subject matter, as a whole, would have been obvious at the time the invention was made to a person ...
Petitioner asserts that a person of ordinary skill in the art (“skilled artisan”) at the time of the invention would have had at least a doctorate degree in cell biology, molecular biology, or a similar field with at least three years of experience in ...
Under that standard, claim terms “are generally given their ordinary and customary meaning” as understood by a person of ordinary skill in the art at the time of the invention.
... of an additional active ingredient”), and Novartis Pharms. Corp. v. Accord Healthcare, Inc., 21 F.4th 1362, 1373 (Fed. Cir. 2022) (recognizing that for negative limitations, “the disclosure must be read from the perspective of a person ...
Rojewski (Ex. 1014) Rojewski discloses that MSCs are “candidates for several clinical applications” to treat injury and disease and that because “MSC isolated from different tissues do not represent a homogenous cell population,” it is ...
According to Petitioner, “a POSITA [person of ordinary skill in the 48 IPR2021-01535 Patent 9,803,176 B2 art] would understand that expression patterns of MSCs from any tissue are informative of the biological properties of MSCs ...
Thus, a person of ordinary 63 IPR2021-01535 Patent 9,803,176 B2 skill in the art would be motivated to combine the teachings of Phan with Pierantozzi, Rojewski, and Merion for the purpose of improving cellular therapies employing ...
... to Pierantozzi, Rojewski, Merion, and Riekstina, Kita discloses that the use of its cells obtained from the amniotic membrane “is a promising novel approach for the treatment of many diseases and injuries.” Kita, Abstract. Thus, a person ...
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69 Final Written Decision original: JUDGMENT Final Written Decision Determining N...

Document IPR2020-01344, No. 69 Final Written Decision original - JUDGMENT Final Written Decision Determining No Challenged Claims Unpatentable 35 USC 318 a (P.T.A.B. Feb. 23, 2022)

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