Two cases of interest in IPR practice, Provisur Technologies, Inc. v. Weber, Inc., and Polaris Innovations, Ltd. v. Brent. Both of these are precedential opinions of the Court of Appeals for the Federal Circuit.

In Provisur, the PTAB invalidated claims directed to classifying slices or a portion cut from a food product according to an optical image of the slice. The patentee, Provisur, argues that Weber’s prior art reference lacked a digital camera as claimed. In response, Weber cited some published documents which provided details about the digital camera disclosed in the Provisur patent, and argued that its cited reference showed the same thing. Provisur moved to exclude this new evidence. The PTAB denied the motion to exclude and invalidated the claims, and the CAFC affirmed. Though two of the patent’s claims were not invalidated by the PTAB, on appeal the CAFC invalidated them, too.

In Polaris, two IPRs were filed by NVIDIA in response to a suit by Polaris. After the PTAB issued FWDs invalidating the two patents, Polaris appealed. The CAFC dismissed the appeals on procedural grounds and remanded. During remand, Polaris and NVIDIA settled, and moved for termination of the IPRs. The PTAB denied the motions to terminate and the CAFC affirmed. The CAFC also affirmed on the merits.