Knowles Electronics LLC v. Cirrus Logic, Inc.

883 F.3d 1358
CourtCourt of Appeals for the Federal Circuit
DecidedMarch 1, 2018
Docket2016-2010
StatusPublished
Cited by26 cases

This text of 883 F.3d 1358 (Knowles Electronics LLC v. Cirrus Logic, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knowles Electronics LLC v. Cirrus Logic, Inc., 883 F.3d 1358 (Fed. Cir. 2018).

Opinions

Dissenting opinion filed by Circuit Judge Newman.

Wallach, Circuit Judge.

Appellant Knowles Electronics, LLC ("Knowles") appeals the inter partes reexamination decision on appeal of the U.S. Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") affirming an examiner's rejection of claims 1-4 of U.S. Patent No. 6,781,231 ("the '231 patent") for anticipation and proposed claims 23-27 for lack of an adequate written description.1 Cirrus Logic, Inc. v. Knowles Elecs. LLC (Cirrus I ), No. 2015-004342, 2015 WL 5272691, at *2-3 (P.T.A.B. Sept. 8, 2015) ; see Cirrus Logic, Inc. v. Knowles Elecs. LLC (Cirrus II ), No. 2015-004342, 2016 WL 1378707, at *1-2 (P.T.A.B. Apr. 5, 2016) (denying request for rehearing).

Knowles appeals. We have subject matter jurisdiction pursuant to 28 U.S.C. § 1295(a)(4)(A) (2012). We affirm.

BACKGROUND

The '231 patent, entitled "Microelectromechanical System Package with Environmental *1361and Interference Shield," discloses microelectromechanical system ("MEMS") packages comprising a substrate, a microphone, and a cover accommodating the microphone. '231 patent, Abstract. The MEMS packages shield the microphone from an interference signal or an environmental condition, id. col. 1 ll. 38-41, and purportedly improve over the prior art's drawbacks "associated with manufacturing these housings, such as lead time, cost, and tooling," id. col. 1 ll. 30-32.

The instant appeal concerns claims 1-4 and proposed claims 23-27 of the '231 patent. Independent claim 1 is illustrative of the invention and recites:

A microelectromechanical system package comprising:
a microelectromechanical system microphone;
a substrate comprising a surface for supporting the microelectromechanical microphone;
a cover comprising a conductive layer having a center portion bounded by a peripheral edge portion; and
a housing formed by connecting the peripheral edge portion of the cover to the substrate, the center portion of the cover spaced from the surface of the substrate to accommodate the microelectromechanical system microphone, the housing including an acoustic port for allowing an acoustic signal to reach the microelectromechanical system microphone wherein the housing provides protection from an interference signal.

Id. col. 5 ll. 12-25 (emphasis added). Claims 2-4 also recite a "package." See id. col. 5 ll. 26, 39, 53. Proposed claims 23-27 recite a package with a "lower surface comprising a plurality of solder pads" that is "configured to mechanically attach and electrically connect the [MEMS] package" to a printed circuit board "using a solder reflow process ." J.A. 3886 (emphasis added); see J.A. 3886-87.

DISCUSSION

Knowles raises three primary arguments on appeal. First, Knowles argues that "the [PTAB]'s rejection of the potentially most commonly accepted definition of 'package,' and corresponding invalidity finding, requires reversal" as to claims 1-4. Appellant's Br. 45 (capitalization and alterations omitted); see id. at 45-63.2 Second, Knowles argues that "the [PTAB]'s written description analysis requires reversal" as to the PTAB's rejection of proposed claims 23-27. Id. at 63 (capitalization and alterations omitted); see id. at 63-74. Finally, Knowles contends that "the record does not establish that the [Appellees] are proper parties." Id. at 75 (capitalization omitted); see id. at 75-79. After articulating the applicable standard of review and legal standards, we address Knowles's arguments in turn.

I. Claim Construction in Claims 1-4

A. Standard of Review and Legal Standard

"We review the [PTAB]'s ultimate claim construction in a reexamination de novo." In re CSB-Sys. Int'l, Inc. , 832 F.3d 1335, 1340 (Fed. Cir. 2016) (citing, inter alia, Teva Pharm. USA, Inc. v. Sandoz, Inc. , --- U.S. ----, 135 S.Ct. 831, 840-41, --- L.Ed.2d ---- (2015) ). A patent's specification, together with its prosecution *1362history,3 constitutes intrinsic evidence to which the PTAB gives priority when it construes claims. See Microsoft Corp. v. Proxyconn, Inc. , 789 F.3d 1292, 1297-98 (Fed. Cir. 2015). We review the PTAB's assessment of intrinsic evidence de novo. See id. When the PTAB "look[s] beyond the patent's intrinsic evidence and ... consult[s] extrinsic evidence," such as expert testimony, dictionaries, and treatises,

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Bluebook (online)
883 F.3d 1358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knowles-electronics-llc-v-cirrus-logic-inc-cafc-2018.