Petitioner v. Power2B Inc.

The case IPR2021-01257, Petitioner v. Power2B Inc., is an Inter Partes Review (IPR) proceeding before the Patent Trial and Appeal Board (PTAB) concerning the validity of U.S. Patent No. 9,317,170 (the '170 patent).

The patent owner, Power2B Inc., describes itself as a "creative workshop dedicated to generating radical innovations in human experience" through advancements in user interface, products, and information technology, focusing on 3D input technology and interactive device technologies. They hold a portfolio of patents related to touchscreen interactions, electromagnetic sensors, and light-based input detection systems for electronic devices. The petitioner in this specific IPR was [[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.), a multinational technology company specializing in consumer electronics, semiconductors, and display technologies. Although the initial prompt stated "Petitioner," further search reveals Samsung's involvement, indicating that the original Petitioner in IPR2021-01257 was Samsung Electronics Co., Ltd..

The '170 patent is titled "Interactive Devices" and covers methods and devices for user interaction with touch-sensitive screens, particularly those relying on light-based sensing technologies. This technology provides absolute x-axis, y-axis, z-axis, and angle data from a light source for 3D input and hover capabilities, enabling advanced user interfaces for mobile devices, home entertainment, and presentation systems without requiring a physical touch-sensitive display.

This case's procedural posture is significant as it involves an IPR at the PTAB, a specialized administrative court for challenging patent validity. The PTAB's Final Written Decision regarding the '170 patent was subsequently appealed to the U.S. Court of Appeals for the Federal Circuit. In a February 12, 2025, decision, the Federal Circuit vacated and remanded the PTAB's initial decision, finding that the PTAB had improperly construed a key claim term: "impingement of an electromagnetic radiation spot." This misconstruction led to an erroneous determination that Samsung's cited prior art did not disclose the limitation, thereby reviving Samsung's obviousness challenge. More recently, a June 26, 2026 order from the Federal Circuit indicates that the proceeding, identified as Appeal No. 26-1654 originating from IPR2021-01257, was dismissed by agreement of the parties. This IPR is notable due to Power2B Inc.'s ongoing patent assertion activities, particularly against major technology companies like Samsung, and the Federal Circuit's involvement in clarifying claim construction standards in PTAB reviews.

This case, IPR2021-01257, involved an Inter Partes Review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) challenging U.S. Patent No. 9,317,170, owned by Power2B Inc. Samsung Electronics Co., Ltd. acted as the Petitioner against Power2B Inc.

Key Legal Developments and Outcome:

• IPR Petition Filing: Samsung Electronics Co., Ltd. filed a petition for inter partes review (IPR) against U.S. Patent No. 9,317,170, titled “Interactive Devices,” which is owned by Power2B Inc. The specific filing date of the petition could not be determined from public searches.
• PTAB Institution Decision: The PTAB instituted the IPR proceeding. The exact date of the institution decision is not available through the conducted public searches. Typically, the PTAB issues an institution decision within approximately six months of the petition's filing.
• PTAB Final Written Decision: Following institution, the PTAB issued a Final Written Decision. The precise date of this decision is not publicly available from the searches. This decision included a claim construction for the term “impingement of an electromagnetic radiation spot.”
• Federal Circuit Appeal and Remand (2025-02-12): Samsung Electronics Co., Ltd. appealed the PTAB's Final Written Decision to the U.S. Court of Appeals for the Federal Circuit (Case No. 23-1630, Samsung Electronics Co., Ltd. v. Power2B, Inc.). On February 12, 2025, the Federal Circuit vacated and remanded the PTAB's decision. The appellate court determined that the PTAB had improperly construed the claim term “impingement of an electromagnetic radiation spot.” This erroneous construction led to an incorrect finding that Samsung’s cited prior art did not disclose the limitation at issue, necessitating a reevaluation of Samsung’s obviousness challenge under a corrected claim construction. [cite: 4 (previous search result)]
• Subsequent Federal Circuit Dismissal (2026-06-26): After the Federal Circuit's remand, the case eventually returned to the Federal Circuit under a new appeal number, Appeal No. 2026-1654 (Power2B, Inc. v. Samsung Electronics Co., Ltd.). On June 26, 2026, the Federal Circuit issued an order dismissing the proceeding under Fed. R. App. P. 42(b). This dismissal was by agreement of the parties, with each side bearing its own costs. This indicates that Power2B and Samsung reached a settlement or another form of resolution following the remand, leading to the termination of the appeal.

Based on available information, Samsung Electronics Co., Ltd., the Petitioner in IPR2021-01257, was represented by:

• Name: Ryan K. Yagura
  • Role: Likely lead counsel.
  • Firm: O'Melveny & Myers LLP, Los Angeles, California.
  • Experience Note: Mr. Yagura is the chair of O'Melveny's Intellectual Property and Technology Practice and is recognized for litigating high-stakes patent infringement matters for major technology companies. He has extensive experience in inter partes review (IPR) proceedings before the USPTO and Federal Circuit appeals. He has been recognized by the Daily Journal as one of the "Top 75 Intellectual Property Lawyers" in California multiple times and as an "IP Star" by Managing Intellectual Property. His experience includes representing international consumer electronics companies in numerous patent infringement cases involving various technologies.

While specific individual attorneys for IPR2021-01257 were not explicitly named in the directly associated Federal Circuit appeal order (2026-1654), O'Melveny & Myers LLP and Ryan K. Yagura are consistently identified as representing Samsung Electronics Co., Ltd. in related Federal Circuit appeals (e.g., 23-1753, 23-2184, 24-1400) that stemmed from PTAB decisions where Samsung was the IPR petitioner against Power2B Inc.. Mr. Yagura's firm profile also specifically mentions his practice before the USPTO in IPR proceedings. It is noted that other firms, such as Kirkland & Ellis LLP and Arnold & Porter Kaye Scholer LLP, have also represented Samsung in different IPR proceedings.

Power2B Inc., the Patent Owner in IPR2021-01257, was represented by attorneys from Polsinelli PC. The following counsel were identified during the Federal Circuit appeal stemming from IPR2021-01257:

• Adam Peter Daniels

  • Role: Lead Counsel (argued for appellant Power2B Inc. at the Federal Circuit)
  • Firm: Polsinelli PC, Los Angeles, CA
  • Experience: Adam Daniels is a Principal in Polsinelli's Intellectual Property practice group, with over a decade of experience in patent litigation, prosecution, and post-grant challenges before the USPTO. He handles high-value intellectual property disputes before federal courts and the Patent Trial and Appeal Board, and has a background as an aerospace engineer.

• Mark Thomas Deming

  • Role: Counsel
  • Firm: Polsinelli PC, Chicago, IL
  • Experience: Mark Deming is listed as the Hatch-Waxman & Biologics Vice Chair at Polsinelli. The firm's IP litigation practice has experience with biosimilars and Paragraph IV disputes under the Hatch-Waxman Act, among other technologies.

• Jason Wietjes

  • Role: Counsel
  • Firm: Polsinelli PC, Dallas, TX
  • Experience: Jason Wietjes is Vice Chair of Polsinelli's Intellectual Property Litigation practice. He represents clients in complex intellectual property disputes, including patent litigation across various technologies such as software, hardware, business methods, and telecommunications. He has experience through Markman proceedings, trial, and appeal.

Polsinelli PC's Intellectual Property Litigation practice is nationally recognized and represents clients in inter partes review (IPR) proceedings before the PTAB and appeals to the Federal Circuit Court of Appeals.