A weekly summary of the precedential patent-related opinions
issued by the Court of Appeals for the Federal Circuit and the
opinions designated precedential or informative by the Patent Trial
and Appeal Board.
Google LLC v. IPA Technologies Inc.,
Nos. 2021-1179, -1180, -1185 (Fed. Cir. (PTAB) May 19, 2022).
Opinion by Dyk, joined by Schall and Taranto.
Google filed three IPR petitions challenging the patentability
of various claims, with each ground of unpatentability relying on
the “Martin” reference. Google contended that the
Martin reference was prior art as work “by others”
because it described the work of an inventive entity (Martin,
Cheyer, and Moran) different from the inventive entity of the
challenged patents (only Martin and Cheyer). The Patent Trial and
Appeal Board disagreed, finding that Google failed to establish
that the Martin reference was prior art because Google did not show
how Moran's contribution was sufficient to establish he was
an
