North Star Innovations, Inc. v. Hirshfeld

Court of Appeals for the Federal Circuit·Decided November 4, 2021·No. 20-1874·Unpublished

Opinion

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit

NORTH STAR INNOVATIONS, INC., Appellant

v.

ANDREW HIRSHFELD, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor

2020-1874

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2019- 00104.

Decided: November 4, 2021

EDWARD C. FLYNN, Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, PA, argued for appellant. Also represented by PHILIP LEVY, NATHANIEL COEN WILKS.

WILLIAM LAMARCA, Office of the Solicitor, United 2 NORTH STAR INNOVATIONS, INC. v. HIRSHFELD

States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by MAI-TRANG DUC DANG, THOMAS W. KRAUSE, FARHEENA YASMEEN RASHEED.

Before REYNA, SCHALL, and STOLL, Circuit Judges.

REYNA, Circuit Judge.

North Star Innovations, Inc. appeals the Patent Trial and Appeal Board’s final written decision in an inter partes review determining that all of the claims of the challenged patent are unpatentable as anticipated and obvious. North Star specifically challenges the Board’s constructions of the following claim terms: “a second phase signal that is opposite to the first phase signal,” “second terminal coupled for receiving [a/the] boost signal,” “inverting buffer,” and “non- inverting buffer.” Because the Board did not err in construing these terms, we affirm. 1 BACKGROUND

I

North Star Innovations, Inc. owns U.S. Patent No. 6,127,875 (“’875 patent”). The ’875 patent issued on October 3, 2000, and relates to “voltage boosting converters and, more particularly[,] to a double pumping voltage boosting circuit for providing an output voltage greater than a supplied input voltage and which is suited to be manufactured in integrated circuit form.” ’875 patent col. 1

1 North Star’s opening brief included a challenge to the appointment of the Administrative Patent Judges involved in the underlying IPR. Appellant’s Br. 67–70. Following the Supreme Court’s decision in United States v. Arthrex, Inc., 141 S. Ct. 1970 (2021), however, North Star withdrew its request to vacate and remand to the Board on this basis. ECF No. 49.

NORTH STAR INNOVATIONS, INC. v. HIRSHFELD 3

ll. 5–9. As shown in figure 3 below, the ’875 patent teaches a double pumping voltage boost converter circuit that includes two sides—sides A and B—that “complement” each other during operation. See id. at col. 2 ll. 18–65. Put simply, sides A and B take turns supplying a boost signal. See id. at col. 2 ll. 38–65.

Id. at fig. 3.

Figure 3 shows a preferred embodiment in which a voltage VDD is supplied to the circuit. Id. at col. 2 ll. 15–28. During the first half cycle Θ1, side B boosts the voltage. See id. at col. 2 ll. 18–65. Switches 42A and 52B are closed and switches 42B and 52A are opened. Id. at col. 2 ll. 38–40. Capacitor 48B resides “between terminal 54 and the non- inverting buffer driver 56.” Id. at col. 2 ll. 31–33. Assuming capacitor 48B has already been charged to VDD, the boost signal “is in a high level state” and raises the voltage across the capacitor to “nearly 2VDD,” i.e., two times the supply voltage VDD, to drive load 58. Id. at col. 2 ll. 40–46. As current flows from capacitor 48B into load 58, the charge across capacitor 48B begins to decrease. Id. at col. 2 4 NORTH STAR INNOVATIONS, INC. v. HIRSHFELD

ll. 46–48. But it does so “to a much less degree” than in prior art circuits represented by figure 1, id. at col. 2 ll. 46–48, and therefore the embodiment in figure 3 reduces voltage distortion, see id. at col. 1 ll. 57–61. While the voltage across capacitor 48B decreases, capacitor 48A is charged to voltage VDD. Id. at col. 2 ll. 54–56.

Figure 2A shown below, together with figure 3, show that, at the end of the first half cycle Θ1, clock signals C1 and C2 change phase so that side A boosts the voltage.

Id. at fig. 2A. The ’875 patent describes C1 and C2 as a “pair of non-overlapping clock signals” that are “180 degrees out of phase with respect to one another.” Id. at col. 1 ll. 32–34. In the second half cycle Θ2, switches 42B and 52A are closed, whereas switches 42A and 52B are opened. Id. at col. 2 ll. 56–58. Capacitor 48A is positioned “between terminal 46 and inverting buffer driver 50.” Id. at col. 2 ll. 28–30. The boost signal “changes states from a high level to a low level” and raises the voltage across capacitor 48A to nearly 2VDD, which then drives load 58. Id. at col. 2 ll. 56–63. Meanwhile, supply voltage VDD is applied across capacitor 48B. Id. at col. 2 ll. 59–63. According to the ’875 patent, the preferred embodiment shown in figure 3 eliminates the need for an added load capacitance 28, as shown in figure 1 representing prior art, because “either

NORTH STAR INNOVATIONS, INC. v. HIRSHFELD 5

capacitive device 48A or capacitive device 48B is driving load 58 at all times.” Id. at col. 3 ll. 3–7.

The ’857 patent has three claims, all of which are at issue in this appeal. Claims 1 and 2, however, are representative of the issues in this appeal because they contain the disputed claim language, emphasized below:

1. A boost circuit having an input terminal and an output terminal, comprising:

a first switch coupled between the input terminal and the output terminal and operated by a first phase signal; a second switch coupled between the input terminal and the output terminal and operated by a second phase signal that is opposite to the first phase signal; a first capacitor having a first terminal coupled to the output terminal and a second terminal coupled for receiving a boost signal ; and a second capacitor having a first terminal coupled to the output terminal and a second terminal coupled for receiving the boost signal.

2. The boost circuit of claim 1, further including:

an inverting buffer having an input coupled for receiving the boost signal and an output coupled to the second terminal of the first capacitor; and a non-inverting buffer having an input coupled for receiving the boost signal and an output coupled to the second terminal of the second capacitor.

Id. at col. 5 l. 9–col. 6 l. 10 (emphasis added).

6 NORTH STAR INNOVATIONS, INC. v. HIRSHFELD

II

Kingston Technology Co. (“Kingston”) filed a petition for inter partes review on October 19, 2018. J.A. 69–148. Kingston argued that claims 1–3 of the ’875 patent were unpatentable as anticipated and/or obvious based on U.S. Patent No. 5,126,590 (“Chern”). J.A. 77. Chern is titled “High Efficiency Charge Pump” and relates to “charge pumps for biasing a semiconductor substrate, well, or the like, and more particularly, to a method and apparatus for efficiently, and therefore more quickly, biasing a substrate or well to a final desired voltage.” Chern col. 1 ll. 5–9.

Chern’s figure 2 shows an exemplary charge pump.

Id. at fig. 2. Chern explains that terminal 22 receives a supply voltage VCC, id. at col. 3 ll. 20–22, and terminal 24 outputs a higher voltage VCCP, id. at col. 3 ll. 41–48. “[T]ransistors Q1–Q4 are coupled together,” id. at col. 3 ll. 20–21, and transistors Q5 and Q6 “deliver current to the substrate or well,” id. at col. 3 ll. 41–44. Capacitors C1–C4 each receive one of clock signals 1–4 respectively, and each of the four capacitors is coupled to a combination of

NORTH STAR INNOVATIONS, INC. v. HIRSHFELD 7

transistors. 2 As shown in figures 6A and 6B, clock signals 1–4 are driven by a ring oscillator 12 and a conditioning circuit 14 and are generated by a four-phase clock generator 42. Id. at col. 7 ll. 1–32. Chern explains that “clock generator 42 creates clock signals 1–4 by providing delay paths” resulting in “an inverted and non-inverted half to create a total of four clock signals.” Id. at col. 7 ll. 33–38.

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