Apple Inc. v. Gesture Technology Partners, LLC
U.S. Court of Appeals for the Federal Circuit
Apple Inc. v. Gesture Technology Partners, LLC, 127 F.4th 364 (Fed. Cir. 2025)
Apple Inc. v. Gesture Technology Partners, LLC
Opinion
Case: 23-1501 Document: 66 Page: 1 Filed: 01/27/2025
United States Court of Appeals
for the Federal Circuit
______________________
APPLE INC.,
Appellant
LG ELECTRONICS INC., LG ELECTRONICS USA,
INC., GOOGLE LLC,
Appellees
v.
GESTURE TECHNOLOGY PARTNERS, LLC,
Cross-Appellant
______________________
2023-1501, 2023-1554
______________________
Appeals from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Nos. IPR2021-
00921, IPR2022-00092, IPR2022-00362.
______________________
Decided: January 27, 2025
______________________
ROBERT MANHAS, Orrick, Herrington & Sutcliffe LLP,
Washington, DC, argued for appellant, appellees. Appel-
lant also represented by MELANIE L. BOSTWICK; CLIFFORD
T. BRAZEN, ADAM PRESCOTT SEITZ, Erise IP, P.A., Overland
Park, KS; PAUL R. HART, Denver, CO.
STANLEY JOSEPH PANIKOWSKI, III, DLA Piper LLP
(US), San Diego, CA, for appellees LG Electronics Inc., LG
Case: 23-1501 Document: 66 Page: 2 Filed: 01/27/2025
2 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC
Electronics USA, Inc. Also represented by MATTHEW D.
SATCHWELL, Chicago, IL.
ERIKA ARNER, Finnegan, Henderson, Farabow, Garrett
& Dunner, LLP, Washington, DC, for appellee Google LLC.
Also represented by DANIEL COOLEY, Reston, VA.
JOHN WITTENZELLNER, Williams Simons & Landis
PLLC, Philadelphia, PA, argued for cross-appellant. Also
represented by ERIC CARR, MARK JOHN EDWARD
MCCARTHY, FRED WILLIAMS, Austin, TX.
______________________
Before LOURIE, DYK, and HUGHES, Circuit Judges.
DYK, Circuit Judge.
In this inter partes review proceeding (“IPR”), the Pa-
tent Trial and Appeal Board (the “Board”) determined that
claims 1–3, 5–10, and 12–17 of U.S. Patent No. 8,878,949
(the “’949 patent”) were unpatentable, but it determined
that claims 4, 11, and 18 were not shown to be unpatenta-
ble. Patent owner Gesture Technology Partners, LLC
(“Gesture”) cross-appeals the Board’s unpatentability find-
ings as to claims 1–3, 5–10, and 12–17, 1 and IPR petitioner
Apple Inc. (“Apple”) appeals the Board’s findings as to
claims 4, 11, and 18. We limit our discussion to claims 1–
7 because we have separately affirmed the Board’s decision
holding claims 8–18 unpatentable in its ex parte reexami-
nation decision In re Gesture Tech. Partners,
No. 2023-001857, Reexamination No. 90/014,903 (P.T.A.B.
Aug. 8, 2023). See In re Gesture Tech. Partners, LLC, No.
24-1038, slip op. at 2 (Fed. Cir. 2025) (nonprecedential).
1 LG Electronics Inc., LG Electronics USA, Inc., and
Google LLC are appellees in Gesture’s cross-appeal, as
well. See Appellant’s Reply Br. at 4 n.1.
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APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC 3
We affirm the Board’s determination that claims 1–3 and
5–7 are unpatentable and reverse the Board’s determina-
tion that claim 4 is not unpatentable. We also reject Ges-
ture’s suggestion that the Board lacks jurisdiction in IPRs
over patents after their expiration.
BACKGROUND
Gesture owns the ’949 patent, entitled “Camera Based
Interaction and Instruction,” which is directed to image
capture technology. ’949 patent describes a portable device
that uses an electro-optical sensor to scan the field of vision
and detect a user command, i.e., a gesture. When the de-
vice detects a gesture, its processing unit controls a digital
camera to capture a digital image. Claim 1 is exemplary
as to the claims in Gesture’s cross-appeal and recites:
A portable device comprising:
a device housing including a forward facing
portion, the forward facing portion of the device
housing encompassing an electro-optical sen-
sor having a field of view and including a digi-
tal camera separate from the electrooptical
sensor; and
a processing unit within the device housing and
operatively coupled to an output of the electro-
optical sensor, wherein the processing unit is
adapted to:
determine a gesture has been performed in
the electro-optical sensor field of view
based on the electro-optical sensor output,
and
control the digital camera in response to
the gesture performed in the electro-optical
sensor field of view, wherein the gesture
corresponds to an image capture command,
and wherein the image capture command
causes the digital camera to store an image
to memory.
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4 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC
’949 patent, col. 15, ll. 21–38. Claim 4 depends from
claim 1 and requires the electro-optical sensor to be “fixed”
in relation to the digital camera:
The portable device of claim 1 wherein the elec-
tro-optical sensor is fixed in relation to the dig-
ital camera.
’949 patent, col. 15, ll. 43–44.
In June 2021, Apple filed an IPR petition for the then-
expired ’949 patent, asserting that each of its claims was
unpatentable as obvious over U.S. Patent No. 6,144,366
(“Numazaki”) and Japanese Patent Application No. H4-
73631 (“Nonaka”). Numazaki discloses an “information in-
put generation apparatus” that detects subjects using a
“reflected light extraction unit” and “visible light photo-de-
tection array,” J.A. 959, and Nonaka discloses a camera
that captures images when an equipped remote release de-
vice detects a user command.
Apple argued that Nonaka suggested combining three
of Numazaki’s embodiments to arrive at a portable device
that captures video images in response to detecting prede-
termined gestures. Apple further argued that Numazaki’s
light extraction unit is fixed in relation to its photo-detec-
tion array. The Board concluded that Apple had demon-
strated that claims 1–3 and 5–7 are unpatentable as
obvious but not claim 4, finding that Numazaki does not
disclose the “fixed” limitation. Apple appeals, and Gesture
cross-appeals. We have jurisdiction under 28 U.S.C.
§ 1295(a)(4)(A).
DISCUSSION
“Obviousness is a mixed question of fact and law.” No-
vartis AG v. Torrent Pharms. Ltd., 853 F.3d 1316, 1327(Fed. Cir. 2017). We review the Board’s legal conclusion of obviousness de novo and its factual findings for substantial evidence. Okajima v. Bourdeau,261 F.3d 1350
, 1354 Case: 23-1501 Document: 66 Page: 5 Filed: 01/27/2025 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC 5 (Fed. Cir. 2001). We interpret claim terms by looking to their ordinary meaning in light of the specification and prosecution history. Phillips v. AWH Corp.,415 F.3d 1303
, 1315–17 (Fed. Cir. 2005) (en banc); Vasudevan Software, Inc. v. MicroStrategy, Inc.,782 F.3d 671, 677
(Fed. Cir.
2015).
I
Gesture argues that the Board could not exercise juris-
diction over this IPR because the ’949 patent expired in
May 2020, before Apple filed its petition in June 2021. Ac-
cording to Gesture, this is because the Supreme Court’s de-
cision in Oil States Energy Services, LLC v. Greene’s Energy
Group, LLC, 584 U.S. 325 (2018), explained that the “deci-
sion to grant a patent is . . . the grant of a public franchise,”
Cross-Appellant’s Br. 42 (quoting Oil States, 584 U.S. at
334–35), and once a patent expires “the public franchise
ceases to exist and the patent owner no longer has the right
to exclude others,” id. at 43. Since the patentee’s right be-
comes limited to collecting damages that formerly existed
through an infringement action in an Article III court, Ges-
ture argues, jurisdiction over the expired patent becomes
limited to the Article III courts.
To date, our prior cases have not squarely addressed
whether the Board may institute IPRs for patents after
they have expired; however, we have previously reviewed
IPR decisions involving expired patents, implicitly assum-
ing that the Board had jurisdiction in such cases. See, e.g.,
Immunex Corp. v. Sanofi-Aventis U.S. LLC, 977 F.3d 1212, 1217 (Fed. Cir. 2020) (acknowledging cases where the chal- lenged patents “had expired before the Board’s decision”); Axonics, Inc. v. Medtronic, Inc.,75 F.4th 1374
, 1382 n.8
(Fed. Cir. 2023) (discussing claim construction in “IPR pro-
ceedings concerning expired and soon-to-be-expired pa-
tents”). We confirm here that the Board has jurisdiction
over IPRs concerning expired patents.
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6 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC
The public-rights doctrine recognizes that Congress
may assign some matters either to the Article III judiciary
or to a non-Article III forum. Matters “involving public
rights . . . may be presented in such form that the judicial
power is capable of acting on them, . . . but which congress
may or may not bring within the cognizance of the courts
of the United States, as it may deem proper.” Murray’s
Lessee v. Hoboken Land & Improvement Co., 59 U.S.
(18 How.) 272, 284(1855). The Supreme Court has thus long held that Congress has the authority to assign to non- Article III forums those matters “arising between the gov- ernment and others, which from their nature do not require judicial determination and yet are susceptible of it.” Crow- ell v. Benson,285 U.S. 22, 50
(1932) (quoting Ex parte Ba- kelite Corp.,279 U.S. 438, 451
(1929)).
In Oil States, the Supreme Court held that the Board’s
jurisdiction over IPRs does not run afoul of Article III un-
der the public-rights doctrine. 584 U.S. at 334–35. The
Court first recognized that the grant of a patent inherently
involves public rights, since “by issuing . . . patents, the
PTO take[s] from the public rights of immense value and
bestow[s] them upon the patentee.” Id. at 335 (alterations
in original) (quoting United States v. Am. Bell Tel. Co.,
128 U.S. 315, 370(1888)). The Court then explained that, because an IPR is “a second look at an earlier administra- tive grant of a patent,” it involves the public’s same “inter- est in seeing that patent monopolies are kept within their legitimate scope.”Id.
at 336–37 (quoting Cuozzo Speed Techs., LLC v. Lee,579 U.S. 261
, 279–80 (2016)). Recog- nizing that a public franchise can be qualified by an agency’s authority to cancel it outside of an Article III court, the Court concluded that IPRs fall within the public- rights doctrine and do not violate Article III.Id. at 337
.
Gesture’s argument that the “public franchise ceases to
exist” after a patent expires, Cross-Appellant’s Br. at 43, is
incompatible with the Court’s logic in Oil States. There,
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APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC 7
the Court’s conclusion that an IPR falls under the public-
rights doctrine was based on the fact that the procedure
involves a “second look” at the earlier determination of
granting a public right in the first place. 584 U.S. at 336
(quoting Cuozzo, 597 U.S. at 279). The review of an earlier
grant of a patent thus inherently involves the adjudication
of a public right, and it is irrelevant whether the patent has
expired, since the patent itself continues to confer a limited
set of rights to the patentee. See id. at 337.
As we have explained, although a “patentee has fewer
rights . . . when [its] patent has expired,” Keranos, LLC
v. Silicon Storage Tech., Inc., 797 F.3d 1025, 1033(Fed. Cir. 2015), it nevertheless maintains some rights, such as bringing an action for past damages, see Genetics Inst., LLC v. Novartis Vaccines & Diagnostics, Inc.,655 F.3d 1291, 1299
(Fed. Cir. 2011). The existence of those rights creates a live case or controversy, which can be adjudicated by an IPR and in proceedings before this court on appeal. See Sony Corp. v. Iancu,924 F.3d 1235
, 1238 n.1 (Fed. Cir. 2019). Gesture fails to explain why an IPR, which “would have a consequence on any infringe- ment that occurred during the life,”id.,
of the patent, falls
outside the scope of the public-rights doctrine solely be-
cause the patentee’s prospective right to exclude others has
terminated. We accordingly reject Gesture’s challenge to
the Board’s jurisdiction.
II
We next address the Board’s decision holding obvious
claims 1–3 and 5–7. Numazaki discloses several configu-
rations for detecting, capturing, and processing visual in-
formation. Numazaki’s fifth embodiment relates to
videoconferencing functionality and is directed to the ex-
traction of useful image information. See J.A. 959 (col. 39,
ll. 6–14). The embodiment’s light extraction unit extracts
feature data of a target (e.g., the speaker), while the photo-
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8 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC
detection array captures the entire field of view. Numazaki
teaches transmitting only essential information by super-
imposing the output of the photo-detection array and light
extraction unit and capturing only the overlap as a video
image. Numazaki’s third embodiment relates to gesture
recognition and discloses the execution of a user command
when a gesture camera detects a predetermined gesture.
Numazaki’s eighth embodiment discloses a laptop that can
incorporate functionalities described in previous embodi-
ments.
The Board found that a person of ordinary skill in the
art would apply Nonaka’s teachings about the benefits of
remote release functionality to insert Numazaki’s third
embodiment’s gesture recognition and fifth embodiment’s
video capture into the eighth embodiment’s laptop. The
Board found that Numazaki’s light extraction unit corre-
sponded to the ’949 patent’s electro-optical sensor and that
Numazaki’s photo-detection array corresponded to the
’949 patent’s digital camera. Accordingly, the Board deter-
mined that the combination of Numazaki and Nonaka dis-
closed a device that controls a digital camera to capture
video images in response to an electro-optical sensor’s de-
tection of predetermined gestures, rendering claims 1–3
and 5–7 obvious. The Board thus determined that Apple
had sufficiently demonstrated a motivation to combine No-
naka and Numazaki.
On the cross-appeal, Gesture argues that the Board’s
finding that a person of ordinary skill in the art would be
motivated by Nonaka to combine Numazaki’s third, fifth,
and eighth embodiments to render obvious claims 1–3 and
5–7 was not supported by substantial evidence.
A
First, Gesture argues that the Board erred in conclud-
ing that Numazaki’s light extraction unit mapped onto the
’949 patent’s electro-optical sensor. Gesture points to a
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APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC 9
portion of its expert’s conclusory declaration in which he
asserted that “[b]ecause of its ‘difference calculation
unit . . .’ and its two separate [photo-detection units] hav-
ing specific timing and lighting requirements, in [his] opin-
ion, a [person of ordinary skill in the art] would not have
understood Numazaki’s ‘reflected light extraction unit . . .’
as being the ‘electro-optical sensor’ of claim [1.]” J.A. 1987
¶ 45. But Gesture’s expert provided no explanation for why
an electro-optical sensor cannot comprise two units with
distinct timing requirements. The Board was accordingly
not required to accept this conclusory assertion. See cxLoy-
alty, Inc. v. Maritz Holdings, Inc., 986 F.3d 1367, 1378
(Fed. Cir. 2021). The Board examined Numazaki’s disclo-
sure and concluded that its reflected light unit “senses light
and converts the sensed light into electronic signals,”
which it found satisfies the “plain meaning of an ‘electro-
optical sensor.’” J.A. 18 & n.7. We see no error in the
Board’s weighing the plain import of Numazaki’s disclo-
sure over Gesture’s expert’s cryptic, unsupported state-
ment to the contrary. 2
2 Relatedly, Gesture faults the Board for failing to
explain “how the sensor and camera are included on the
‘forward facing portion’ of the device housing.” Cross-Ap-
pellant’s Br. at 37. As a preliminary matter, Gesture did
not make this argument before the Board, and we can
hardly fault the Board for failing to precisely respond to an
argument Gesture failed to raise before it. See Rembrandt
Diagnostics, LP v. Alere, Inc., 76 F.4th 1376, 1382–83 (Fed. Cir. 2023). Putting forfeiture to the side, we can “rea- sonably discern[]” the Board’s path, Nucor Corp. v. United States,414 F.3d 1331, 1339
(Fed. Cir. 2005) (citation omit-
ted), since it found that Numazaki’s sensor and camera
were both forward facing and had overlapping fields of
view, which would naturally require situating them on the
same forward-facing “portion.” See J.A. 16–17, 21.
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10 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC
B
Gesture also challenges the Board’s finding that a per-
son of ordinary skill in the art would be motivated to mod-
ify Numazaki to teach a processing unit that “determine[d]
a gesture has been performed in the electro-optical sensor
field of view based on the electro-optical sensor output.”
Cross-Appellant’s Br. at 38 (quoting ’949 patent, col. 15,
ll. 26–32). Gesture’s argument appears to be that the
Board’s analysis did not sufficiently explain why a person
of ordinary skill in the art would understand how to com-
bine Numazaki’s third, fifth, and eighth embodiments be-
cause of their specialized processing units. But Apple was
not required to identify embodiments with identical pro-
cessing units, since the obviousness inquiry looks to the
“combined teachings of the references” and “does not re-
quire an actual, physical substitution of elements.” In re
Mouttet, 686 F.3d 1322, 1332–33 (Fed. Cir. 2012). Moreo-
ver, the Board did explain how a person of ordinary skill in
the art would understand how to combine these embodi-
ments, crediting Apple’s expert’s uncontroverted explana-
tion that a person of ordinary skill would recognize how to
“utilize the same output by two separate processing blocks”
by “arranging multiple distinct processing units that sepa-
rately process the same output of a single unit.” J.A. 24
(quoting J.A. 1777 ¶ 9).
C
Finally, Gesture argues that the Board improperly
found that Nonaka suggested modifying Numazaki so as to
“control the digital camera in response to the gesture per-
formed in the electro-optical sensor field of view.” Cross-
Appellant’s Br. at 40 (quoting ’949 patent, col. 15, ll. 33–
38). Gesture argues that if Numazaki’s third and fifth em-
bodiments were inserted into its eighth embodiment’s lap-
top, there would be no reason to implement Nonaka’s
remote-control functionality, since the user of a laptop
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APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC 11
usually sits directly adjacent to the device. But the Board
expressly considered and rejected this argument based on
its review of Numazaki and Nonaka, concluding that a per-
son of ordinary skill in the art would still perceive benefits
in implementing Nonaka’s teachings to Numazaki. Specif-
ically, the Board found that “even if Numazaki does sug-
gest that the user would need to be within reach to
physically interact with the laptop, this does not mean that
one of ordinary skill in the art would not have recognized
the advantages of using remote gestures taught by No-
naka,” J.A. 28, including a “higher degree of freedom, good
portability, and cost benefits,” J.A. 29. Accordingly, we af-
firm as to Gesture’s cross-appeal.
III
The sole issue presented by Apple’s appeal is whether
the Board properly determined claim 4’s “fixed” limitation
was not obvious in light of Numazaki. Apple argues that
the Board improperly ignored Apple’s expert’s testimony
and that, with that testimony, the record indisputably
showed agreement between the experts that a fixed rela-
tionship between the components would have been desira-
ble. This, in turn, would compel the conclusion that
claim 4’s fixed limitation is obvious. We agree.
We first consider the Board’s decision to ignore Apple’s
expert’s testimony relating to the fixed limitation. In its
IPR petition, Apple argued that Numazaki taught the fixed
limitation because Numazaki’s fifth embodiment posi-
tioned its photo-detection array and light extraction unit
“side-by-side such that they have overlapping fields of
view.” J.A. 156. Apple’s expert explained that “[g]iven . . .
[that] the output of [the light extraction unit] is used to de-
fine which portions the video captured by [the photo-detec-
tion array] are retained, a [person of ordinary skill in the
art] would have understood that both . . . have overlapping
fields of view.” J.A. 778 ¶ 52. Apple expressly cited to this
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12 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC
portion of the declaration with regard to claim 1, and then
by incorporation with regard to claim 4. Compare J.A. 146
(claim 1), with J.A. 156 (claim 4). In his supplemental dec-
laration, Apple’s expert elaborated that the fact that the
two components require overlapping fields of view was
“key” to his conclusion that a person of ordinary skill in the
art would find fixing them in relation to one another to be
desirable. J.A. 1782–84 ¶¶ 13–15.
In its final written decision with respect to claim 4, the
Board ignored Apple’s expert’s testimony, reasoning that
Apple’s IPR petition “[did] not reference any such analysis
in connection with the subject matter of claim[] 4.” J.A. 34.
But under our precedent, Apple’s expert’s testimony was
sufficiently confined to the argument made in Apple’s IPR
petition to warrant consideration by the Board, since “a
party is ‘not barred from elaborating on [its] arguments on
issues previously raised.’” Masimo Corp. v. Apple Inc.,
No. 2022-1631, 2023 WL 5921622, at *5 (Fed. Cir. Sept. 12, 2023) (nonprecedential) (alteration in original) (quoting Chamberlain Grp., Inc. v. One World Techs., Inc.,944 F.3d 919, 925
(Fed. Cir. 2019)); see also Apple Inc. v. Andrea Elecs. Corp.,949 F.3d 697
, 705–06 (Fed. Cir.
2020). Here, Apple’s expert simply expanded upon the sig-
nificance of Numazaki’s components retaining overlapping
fields of vision to the fixed limitation, an argument that
was expressly raised in Apple’s IPR petition. Accordingly,
the Board erred in failing to consider this material evi-
dence properly before it.
The issue then becomes whether the record, properly
including Apple’s expert’s testimony, provides substantial
support for the Board’s conclusion that claim 4 was not ob-
vious. We note that the term “fixed” is not defined any-
where in the patent and thus consider its meaning in light
of the specification, which is the “single best guide to the
meaning of a disputed term.” Trs. of Columbia Univ. in City
of New York v. Symantec Corp., 811 F.3d 1359, 1362 Case: 23-1501 Document: 66 Page: 13 Filed: 01/27/2025 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC 13 (Fed. Cir. 2016) (quoting Vitronics Corp. v. Conceptronic, Inc.,90 F.3d 1576, 1582
(Fed. Cir. 1996)).
In the context of claim 4, “fixed” contemplates a rela-
tionship between the portable device’s electro-optical sen-
sor and digital camera. The ’949 patent’s specification
explains that the goal of the invention is to cause a digital
camera to capture an image of a subject when the device
detects a gesture in the camera’s field of view. See ’949 pa-
tent, col. 2, ll. 4–8. This is accomplished by processing the
electro-optical sensor’s output and automatically capturing
images when a gesture is detected. Id. at col. 5, ll. 24–38.
It follows that, in the context of the ’949 patent, the electro-
optical sensor and digital camera must have overlapping
fields of vision while the digital image is captured. See
J.A. 1782–84 (Apple’s expert); J.A. 1809 (Gesture’s expert).
It would seem that in the context of the ’949 patent, the
electro-optical sensor and digital camera are necessarily
“fixed” in relation to one another when their spatial rela-
tionship stays constant while an image is being captured,
and Numazaki disclosed this limitation.
But we need not reach this issue of claim construction,
since even under the Board’s construction, which suggests
that the components must remain fixed at all times, the
undisputed evidence in the record clearly showed that a
person of ordinary skill in the art would have been moti-
vated to fix Numazaki’s photo-detection array and light ex-
traction unit in relation to one another.
Both experts agreed that to accomplish Numazaki’s
fifth embodiment’s purpose, the photo-detection array and
light extraction unit must retain overlapping fields of view.
The Board itself found that Numazaki’s light extraction
unit extracted only the “overlapping portion” of the two
components’ fields of view. J.A. 13. Apple’s expert testified
that “a [person of ordinary skill in the art] would have un-
derstood . . . [that] to perform the basic function of the fifth
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14 APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC
embodiment, [the components] must have and maintain
overlapping fields of view” and that “fixing them retains
overlapping fields of view.” J.A. 1783–84 ¶¶ 14–15. Alt-
hough Gesture’s expert testified that Numazaki’s “purpose
could be satisfied with partial overlap potentially,”
J.A. 1809, i.e., that a small degree of movement would be
permissible, he did not explain how such movement could
possibly serve the invention’s purpose of capturing images
simultaneously and did not suggest that a person of ordi-
nary skill in the art would find such movement to be desir-
able. Instead, he agreed “that to accomplish its goal, the
fifth embodiment in Numazaki requires [the light extrac-
tion unit] and [photo-detection array] to retain overlapping
fields of view” and that “fixing them ensures that . . . the
fields of view, whatever they are, will be maintained,”
J.A. 1810.
There is accordingly “no reasonable dispute” that fixing
the two components was desirable because doing so en-
sured the necessary overlap, and that doing so was “readily
achievable” and would “serve [Numazaki’s] undisputed
goal.” Google LLC v. Koninklijke Philips N.V., 795 F. App’x
840, 844–46 (Fed. Cir. 2020). Because correcting the Board’s analysis results in only “only one permissible fac- tual finding,” reversal is appropriate. Corning v. Fast Felt Corp.,873 F.3d 896, 903
(Fed. Cir. 2017).
CONCLUSION
For the forgoing reasons, we hold that the Board had
jurisdiction in this IPR. We affirm the Board’s determina-
tion that claims 1–3 and 5–7 are unpatentable and reverse
the Board’s determination that claim 4 is not unpatenta-
ble.
AFFIRMED-IN-PART AND REVERSED-IN-PART
COSTS
Costs to appellant Apple.
Reference
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