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ARTICLE · 23 AUGUST 2021

PTAB: In Obviousness, It's The "Why" That Matters Most

Element IP
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In Google LLC v. NavBlazer, LLC, the Patent Trial and Appeal Board ("Board") declined to institute inter partes review of U.S. Patent No 9,075,136 ("the '136 patent"). IPR2021-00502, Paper 6 (mailed Aug. 5, 2021).

United StatesIntellectual Property
Beau B. Burton
Beau B. Burton

In  Google LLC v. NavBlazer, LLC, the Patent Trial and Appeal Board ("Board") declined to institute inter partes  review of U.S. Patent No 9,075,136 ("the '136 patent"). IPR2021-00502, Paper 6 (mailed Aug. 5, 2021).

The '136 patent is directed to an apparatus that provides a vehicle user with information such as road and traffic conditions. Each of the independent claims of the '136 patent required an apparatus that "automatically detects a departure of the vehicle from the first travel route, and ... identifies a second travel route on which the vehicle can travel to the destination in response to the detected departure of the vehicle from the first travel route."

The petitioner argued that the claimed dynamic rerouting functionality would have been obvious over the combination of: a primary reference (Behr) that disclosed a base unit that calculated route guidance in response to a query using an up-to-date database located in the base unit and then transmitted

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