RE: PTAB14 Aug 2021 09:14
'Petitioner’s Ground 5 relies on Zaban as a primary reference in combination
with Farneth and Yu. As the Board correctly noted, “Petitioner does not show
sufficiently that an ordinarily skilled artisan would have replaced the zinc acetate in
Zaban’s process with the Cd10S6Ph12 or Zn10S6Ph12 clusters disclosed Farneth. …
Accordingly, Petitioner does not demonstrate a reasonable likelihood of prevailing
at trial with respect to any challenged claim based on this ground.” Paper 17, 26.
And Yu, has little to do with either Farneth or Zaban as it does not even disclose
semiconductor particles at all. See Section VII.B infra.
REDACTED VERSION
Case No. IPR2021-00186
U.S. Patent No. 8,524,365
3
The Petition’s Grounds 6 and 7 are weaker still. These Grounds combine
Lucey with Ahrenkiel. As the Board noted “those disparate methods involve
markedly different experimental conditions, reactants, and synthetic goals. … this
ground appears to us to be based on impermissible hindsight reconstruction, rather
than any suggestion, identified adequately by Petitioner, in the asserted prior art
references.” Paper 17, 26-27.
Because Petitioner’s grounds fail to disclose critical claim elements, and there
is no reason to combine the cited references, Petitioner has not proven that any
challenged claims of the ’365 patent are invalid. '
Hard work to read in its' entirety and I haven't but what I did manage to digest before my brain gave up looked very positive towards a decision in our favour.