FSC Scores Win For Client In IPR Battle

Friedman, Suder & Cooke recently earned decisions denying institution of three IPRs for its client NewSpin Sports LLC challenging all claims of three NewSpin patents on obviousness grounds.  The challenged patents were USP 9,656,122 (IPR2019-00536), USP 8,831,905 (IPR2019-00537), and USP 8,589,114 (IPR2019-00538), each of which are entitled “Motion Capture and Analysis.”  They are addressed to “computer software architecture and micro electro-mechanical devices and, more specifically, [to] motion capture and analysis.”  The systems and methods claimed centered on use of the inventions in connection with sports activities and equipment. 

The IPRs were filed following the onset of litigation by NewSpin against two prominent players in the sports training aid industry.  In denying institution, the PTAB was persuaded by arguments asserting that a person of ordinary skill would not be motivated to combine the asserted references in the manners Petitioners proffered.  The PTAB agreed and found that the testimony of Petitioners’ expert declarant to the contrary was conclusory and unsupported by the disclosures of the asserted prior art.  Specifically, the PTAB found that “this is a case in which Petitioner relies on testimonial evidence that is entitled to little or no weight and that is contradicted by the documentary evidence.”  Correspondingly, the PTAB concluded that “Petitioner has not shown a reasonable likelihood of prevailing with respect to any challenged claim” in each IPR.  Petitioners subsequently filed Requests for Rehearing in each IPR which were summarily denied in their entireties.