This morning, the Federal Circuit released three nonprecedential opinions. All three come in appeals of decisions of the Patent Trial and Appeal Board. Here are the introductions to the opinions.
Kioxia Corporation v. Viasat, Inc. (Nonprecedential)
Kioxia Corporation and Kioxia America, Inc. (Kioxia) appeal the final written decision of the Patent Trial and Appeal Board (Board) in an inter partes review (IPR) upholding claims 1–4, 8, 10–19, and 23–25 of Viasat, Inc.’s (Viasat’s) U.S. Patent No. 8,615,700 (’700 patent) as not unpatentable. Kioxia Corp. v. Viasat, Inc., No. IPR2022- 01067, 2023 WL 8039801 (P.T.A.B. Nov. 20, 2023) (Decision). This appeal is now moot as to claims 1, 4, 8, 15, 17, and 19, which were cancelled after being found unpatentable in a separate IPR proceeding. As to the remaining challenged claims 2, 10–14, 16, and 23–25, we affirm.
MemoryWeb, LLC v. Samsung Electronics Co. (Nonprecedential)
MemoryWeb, LLC (“MemoryWeb”) appeals a decision of the Patent and Trademark Office, Patent Trial and Appeal Board (“Board”), in a post-grant review proceeding holding claims 1–34 of U.S. Patent No. 11,163,823 (“the ’823 patent” or “the patent”) unpatentable. Samsung Electronics Co. v. MemoryWeb, LLC, No. PGR2022-00034, 2023 WL 7923900 (P.T.A.B. Nov. 16, 2023), J.A. 1–104 (“Final Written Decision”). For the following reasons, we affirm.
Apple Inc. v. Smart Mobile Technologies LLC (Nonprecedential)
Apple Inc. (Apple) timely appeals the final written decision of the Patent Trial and Appeal Board (Board) ruling that claims 1–12, 14, 19, and 24 of U.S. Patent No. 8,982,863 (’863 patent) had not been shown to be unpatentable as obvious over U.S. Patent No. 5,970,059 (Ahopelto) in combination with other references. Apple Inc. v. Smart Mobile Techs. LLC, No. IPR2022-01222, 2024 WL 306227, at *18 (P.T.A.B. Jan. 26, 2024) (Final Written Decision). Because the Board adopted the parties’ agreed-upon claim construction and substantial evidence supports its conclusion, we affirm.