Microsoft Strikes Out In Sensor Patent AIA Review Bid

By Kat Greene

Law360, Los Angeles (October 9, 2015, 9:04 PM ET) -- Microsoft Corp. on Thursday lost a bid for an America Invents Act review of a patent for touch-sensor technology when a panel of Patent Trial and Appeal Board judges found the computer giant hadn’t shown a likelihood of prevailing on its contention that the claims were unpatentable.
A three-judge panel refused to grant inter partes review on certain challenged claims of Global Touch Solutions LLC’s patent for the technology, which involves a system that uses touch-sensor technology to detect when a user is near a product and light up to make the product easier to find, according to Thursday’s decision.

Microsoft hadn’t effectively shown it would prevail on its contention that the technology was obvious in light of prior art, namely, a patent that covers electronic circuits that work in response to other inputs from users, according to the decision.

“We determine that the information presented does not demonstrate a reasonable likelihood that petitioner would prevail with respect to showing that at least one of the challenged claims is unpatentable,” the panel wrote in Thursday’s decision.

The patent covers user-detecting touch-sensor technology that can light up when someone is near a button, according to court records. For example, a flashlight could come equipped with the technology and light up the switch panel when a user’s hand is near to help the user find which buttons to push or where the button is, according to the papers.

Global Touch has asserted the patent in several lawsuits against major technology companies, including Microsoft and its mobile phone unit in California’s Northern District in August 2014. The company has also sued Toshiba Corp., Apple Inc., Vizio Inc. and Motorola Mobility LLC in related cases, court records show.

The lawsuit against Microsoft accuses the company of infringing eight patents with a slew of Nokia cellphones, court records show. Microsoft completed its acquisition of Nokia in April 2014.

In its bid for AIA review, Microsoft argued that the technology had already been disclosed four years before Global Touch got its patent, in the form of an application called Bruwer, according to PTAB records.

Bruwer, Microsoft argued, is powerful prior art “because it described individual key building blocks for the new matter added in 2004,” according to its petition for review.

But the panel was not persuaded, according to Thursday’s ruling.

Microsoft “provides no persuasive analysis or rationale” for how the earlier circuit patent would teach the find-in-the-dark technology, the PTAB found.

Representatives for the parties didn’t immediately respond to requests for comment late Friday.

The patent-in-suit is U.S. Patent Number 7,265,494.

Administrative Patent Judges Justin Busch, Lynne E. Pettigrew and Beth Z. Shaw sat on the panel that reached Thursday’s decision.

Microsoft is represented by Daniel J. Goettle of BakerHostetler.

Counsel information for Global Touch Solutions couldn’t be immediately determined.

The case is Microsoft Corp. et al. v. Global Touch Solutions LLC, case number IPR2015-01025, before the Patent Trial and Appeal Board.