David McCombs and David O'Dell in Law360: Zond Takes Another Hit As PTAB Invalidates 2 Plasma Patents


Zond LLC has continued its string of America Invents Act review losses, with the Patent Trial and Appeal Board this week invalidating a patent related to a plasma generator as well as a patent related to a technique for sputtering plasma.

In two closely related decisions on Wednesday, the PTAB determined that Gillette Co. and Fujitsu Semiconductor Ltd had shown by “a preponderance of the evidence” that each of U.S. Patent No. 7,808,184 B2’s 20 claims for generating “highly ionized” plasma in a generator were made obvious by a collection of earlier patents and published writings.

A day later, the PTAB invalidated 26 of U.S. Patent No. 6,896,773 B2’s 40 claims, determining that the companies had again demonstrated that the claims included in Zond’s patent for a “plasma sputtering apparatus that creates a strongly ionized plasma from a weakly ionized plasma using a pulsed power supply" were made obvious by a collection of earlier patents and published writings, according to the decision.

“We are persuaded Gillette has articulated a reason with rational underpinning why one with ordinary skill in the art would have combined the technical teachings of Wang and Kudryavtsev,” reads one of the plasma decisions, referring to the prior art that the petitioners claim set up Zond’s patent ...

Fujitsu is represented by David L. McCombs and David M. O'Dell of Haynes and Boone LLP ...

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