Invalidity dossier

US 7710560

System for distributing and controlling color reproduction at multiple sites

Current assignee: RAH Color Technologies LLC

Added 9/27/2026, 11:12:34 PM

At a glanceNo PTAB challenges3 lawsuits on fileasserted by RAH Color Technologies LLCSoftware Technology & Computing Systems (T)

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

I'll search for authoritative information on this specific patent and any court dockets.

I have substantial data. Let me verify the independent claims of the '560 patent specifically, and check for any 2026 CAFC activity.

Let me try to retrieve the actual claim language for the '560 patent and check for any 2026 Federal Circuit activity.

US 7,710,560 B2 — Analyst Summary

Important scoping note up front: I searched for this exact identifier only. The authoritative full text I was given for US 7,710,560 is truncated before the claims section (the feed ends mid-sentence in the description of model inversion). I could not retrieve the verbatim claim text from the USPTO full‑text, Google Patents, or FreePatentsOnline mirrors. My claim overview below is therefore a reconstruction from the specification's own "objects/summary of the invention", not a quotation of issued claim language, and is flagged as such. Similarly, I found no 2026 CAFC docket activity for this patent — see the litigation section.


Bibliographic data (as listed on the patent)

Field Value
Patent number US 7,710,560 B2
Title System for distributing and controlling color reproduction at multiple sites
Inventor Richard A. Holub (Rochester, NY)
Assignee (original & current) RAH Color Technologies LLC (listed on the face as "RAH Color Tech LLC")
Application no. 11/413,949
Filing date 2006‑04‑28
Issue/publication date 2010‑05‑04
Pre‑grant publication US 2006/0197757 A1 (published 2006‑09‑07)
Priority date 1997‑08‑25 (provisional 60/056,947)
Continuity Division of 10/209,431 (filed 2002‑07‑31, now US 7,075,643), which is a division of 09/139,498 (filed 1998‑08‑25)
Legal status Expired – Fee Related; adjusted expiration 2019‑01‑10
Representative CPC G01J 3/02x, G01J 3/46x (spectrometry/colour measurement), H04N 1/60x (colour correction/control), G01J 3/28 (imaging spectrometer)

Assignment history: assigned from Holub to RAH Color Technologies LLC on 2010‑10‑04; RAH Color Technologies LLC merger recorded 2013‑05‑14.


Abstract

The '560 specification is directed to a system (method and apparatus) for distributing and controlling color reproduction at multiple sites — i.e., controlling the color output of rendering devices (color monitors, proofing devices, presses) at multiple nodes of a network so that color appears uniform within the output colors attainable by each rendering device. A color measurement instrument (CMI) is associated with each rendering device for obtaining calibration data; computers at each node control the system and use a data structure called a Virtual Proof (VP) to store and distribute color transformation information. Page/page‑constituent image data can be distributed separately from the VP.

In this lineage of the family, the emphasis is on the measurement hardware: non‑contact CMIs that are self‑calibrating by incorporating calibration references (measured simultaneously or successively with each unknown reading), where a printer's samples are measured by a sensor coupled to a transport mechanism feeding light to a spectrograph, and a display's color is measured by a sensor mounted in a member surrounding the periphery of the screen and angled so as to avoid specular reflection.

Caveat: I could not confirm the exact front‑page abstract wording; sibling patents in the same lineage (e.g., US 8,917,394 and US 8,760,704) carry two different abstract texts depending on which parent chain they descend from, so the above reflects the substance of the '560's own disclosure/summary rather than a verified quotation.


Plain-language overview of the independent claims

Flagged as reconstruction. The issued claims are not in the document I was given. The following families correspond one‑to‑one to the "Briefly described…" paragraph of the '560 specification and to the stated objects. Treat as indicative, not authoritative.

The '560 appears to be an apparatus‑oriented patent (measurement hardware), in contrast to sibling RAH patents that claim the networked color‑management/architecture methods.

  1. Calibrated color‑display system. A display is surrounded at its outer periphery by a first member (a cowl/chassis framing the screen). A color measuring instrument is coupled to that member and spaced from the screen at an angle so its line of sight reflects off the faceplate onto a blackened inner surface — i.e., it receives light from the screen without touching it and without seeing specular reflections. The instrument has a housing, sensor(s) converting received light to electrical signals, optics focusing light onto the sensor, and control circuitry converting those signals into signals representative of the color of the light. A computer coupled to the display receives the signals to calibrate the display and enable Virtual Proofing on it.

  2. Printer‑sample measurement system. A mechanism transports a sheet rendered by the printer; at least one optical sensor is coupled to the transport mechanism and directed at the sheet to measure the color of a printed sample, non‑contact. The sensor includes at least one fiber‑optic probe coupled to a spectrograph, and the spectrograph can automatically obtain references for checking its own calibration. The transport mechanism may be separate from, or integrated into, the printer.

  3. Dual‑beam spectrograph apparatus. A dual‑beam spectrograph with first and second inputs plus a light source. A first fiber optic carries light from the source to illuminate the sample; a second fiber optic carries light from the source to the spectrograph's first input; a third fiber optic receives light from the sample and delivers it to the spectrograph's second input. One or more additional sensors receive light from the first fiber optic, providing signals for checking spectrograph calibration (a same‑source reference path enabling the dual‑beam comparison).

  4. Single‑dimension (concentric/linear) fiber‑array spectrograph apparatus. A light source, and a one‑dimensional array of fiber optics in which: a first fiber receives light from the source (illumination/reference), a second fiber receives light representing a dark reference, a third fiber transmits light of one or more known wavelengths, and the remaining fibers receive light along one dimension from the sample. The spectrograph outputs a spectrum; the portions of that spectrum corresponding to the first, second and third fibers constitute automatic calibration references.

  5. Method of maintaining calibration of a color display. Steps: (a) adjust the amount of light from the screen when the screen is dark to account for ambient light; (b) neutral balance the display's color; (c) measure the gamma in each color channel; and (d) adjust the color produced by the display in accordance with the measured per‑channel gammas. The specification notes this is especially useful for CRT displays.

Underlying all of these: the Virtual Proof data structure, with components shared by nodes (transmitted over the network) and local components present only at each node, storing color transformation information so that image data need not be retransmitted when calibration or preferences change.


Litigation and docket status (USPTO / courts)

From the patent page and PTAB filings in the same portfolio:

  • District court: The '560 patent is part of the RAH Color Technologies portfolio asserted in, among others, In re RAH Color Technologies LLC Patent Litigation, MDL No. 2874, N.D. Cal. Case No. 3:18‑md‑02874, plus 3:19‑cv‑00517 (N.D. Cal.), 6:10‑cv‑06710 (W.D.N.Y.), 1:14‑cv‑00638 (W.D. Mich.), and 1:19‑cv‑00193 (N.D. Ill.). RAH's own PTAB papers list the '560 patent as one of the patents‑in‑suit and describe license letters referencing it (e.g., to X‑Rite in 2010, 2013 and 2014).
  • PTAB: The 2019 Adobe IPRs (IPR2019‑00627/00628/00629/00646) challenged sibling patents US 7,729,008, 8,416,444, 7,791,761 and 7,312,897 — not the '560 itself. The Board's Final Written Decision in IPR2019‑00627 held Adobe had not shown the '008 claims unpatentable. I found no IPR instituted against the '560.
  • CAFC 2026: I found no Federal Circuit docket or 2026 appellate activity naming US 7,710,560. Note this is an absence of evidence from the sources I could reach, not proof that no such docket exists; CAFC dockets are not always surfaced by general web search, and you would need a direct PACER/CAFC CM‑ECF or Docket Alarm query by the patent number to be certain.

Explicit uncertainties

  1. Claim text not verified. The claims of US 7,710,560 were not present in the authoritative text supplied to me, and my searches did not return verbatim issued claim language for this number. Do not rely on the claim overview above for claim‑construction or infringement analysis without pulling the granted claims from USPTO PatentCenter / the printed patent.
  2. Abstract wording not verified verbatim for this specific number (sibling abstracts differ by lineage).
  3. Claim count and independent/dependent breakdown are unknown to me.
  4. No 2026 CAFC docket found — but that conclusion rests on general web search, not a direct CAFC docket lookup.
  5. Assignee form is listed inconsistently across sources ("RAH Color Tech LLC" on the face of the patent vs. "RAH Color Technologies LLC" in assignment records); this is a naming variation, not a different entity, but I am flagging it rather than silently normalizing it.

Sources: the authoritative patent text you supplied (patents.google.com/patent/US7710560/en); sibling-family documents US8917394, US8760704, US8416444; PTAB petition/proceeding papers at ptacts.uspto.gov (Petitions 1523296, 1523316, 1523317, 1523435) and IPR2019‑00627 Final Written Decision; N.D. Cal. Case No. 3:18‑cv‑03277‑SI Dkt. 120 (claim construction background).

Generated 9/27/2026, 11:23:52 PM

Cases on file (3)

Group view →

Specific litigation cases in our database that name US patent 7710560. The free-form analysis below may also discuss cases beyond this list.

Lawsuits filed per year

2010: 1 case1'10'11'12'13'14'15'16'172018: 1 case'182019: 1 case'19
Cases asserting US 7710560, by filing year.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll research litigation involving US Patent 7,710,560 across patent litigation databases. Let me start with several searches.

I have strong initial results. Let me dig deeper into the specific cases identified on the patent record and the NPE database.

Litigation Involving U.S. Patent 7,710,560

Owner / Asserting Party

RAH Color Technologies LLC (Alexandria, VA) — a non‑practicing entity owned and managed by Dr. Richard A. Holub, the named inventor. The patent (priority 1997‑08‑25; filed 2006‑04‑28; granted 2010‑05‑04) is one member of a large Holub/RAH color‑management portfolio. Its adjusted term expired 2019‑01‑10, which frames the enforcement window below.

The Google Patents family record for US 7,710,560 lists five litigations (Unified Patents / Darts‑IP data). Each is summarized below with the noted caveat that Google's family listing does not always specify which of RAH's many patents were asserted in each case; where I could confirm the '560 patent specifically, I say so.


Confirmed Cases

1. RAH Color Technologies LLC v. Seiko Epson Corp., et al.

Field Detail
Plaintiff RAH Color Technologies LLC
Defendants Seiko Epson Corp.; U.S. Epson, Inc.; Epson America, Inc.; Epson Portland, Inc.
Jurisdiction U.S. District Court, Western District of New York
Case No. 6:10‑cv‑06710
Filed December 21, 2010
Status/Outcome Case closed; record indicates resolution consistent with the licenses RAH later admitted to California‑based Epson entities (a license/settlement, not a litigated judgment). Exact terms not established from the sources.

This is identified on the patent record as the "First worldwide family litigation filed" — i.e., the earliest assertion in the family. (Docket: dockets.justia.com/docket/new-york/nywdce/6:2010cv06710/82196.)

2. RAH Color Technologies LLC v. X-Rite, Inc.

Field Detail
Plaintiff RAH Color Technologies LLC
Defendant X-Rite, Inc. (Michigan corp., Grand Rapids)
Jurisdiction U.S. District Court, Western District of Michigan (Southern Division)
Case No. 1:14‑cv‑00638
Filed June 16, 2014
Judge Robert Holmes Bell
Status/Outcome Dismissed by stipulation March 5, 2015 (Docket #29), following a joint‑motion stay granted Nov. 19, 2014. Disposed.

The '560 patent is confirmed asserted here: RAH's complaint named ten patents‑in‑suit — U.S. Pat. Nos. 7,312,897; 7,710,433; 7,710,560; 7,715,052; 7,729,008; 7,791,761; 8,009,175; 8,279,236; 8,416,444; and 8,537,357. (UniCourt / Docket Alarm.)

3. In re: RAH Color Technologies LLC Patent Litigation (MDL No. 2874)

Field Detail
Caption RAH Color Technologies LLC et al. v. Adobe Inc. et al. (and consolidated actions)
Plaintiff/Counter‑Defendant RAH Color Technologies LLC
Defendants Adobe Inc.; Xerox Corporation; Electronics For Imaging, Inc. (EFI, as declaratory‑judgment plaintiff); Quad/Graphics, Inc.; Heidelberger Druckmaschinen AG; Dalim Software GmbH; Eastman Kodak Co. (various)
Jurisdiction U.S. District Court, Northern District of California (transferee court)
Case No. 3:18‑md‑02874‑SI (MDL No. 2874)
Filed (JPML) October 1, 2018
Judge Susan Yvonne Illston
Status/Outcome Closed — final judgment entered in the transferee court Sept. 27, 2021; MDL docket closed July 26, 2022. Terminated without a reported trial verdict; the disputes were resolved/settled.

The NPE Litigation Database lists this MDL as a case involving the '560 patent (npe.law.stanford.edu/patent/7710560). The MDL consolidated RAH's infringement suits against Adobe, Xerox, and others with EFI's declaratory‑judgment action; the JPML found all actions shared "factual questions about the alleged infringement, validity, and enforceability of nine related patents owned by RAH." Adobe's transfer motion and the EFI jurisdictional fight produced published opinions (CourtListener; cases.justia.com, N.D. Cal.).

4. RAH Color Technologies LLC v. Heidelberger Druckmaschinen AG

Field Detail
Plaintiff RAH Color Technologies LLC
Defendant Heidelberger Druckmaschinen AG
Jurisdiction N.D. Illinois (filed); transferred to N.D. California (MDL 2874)
Case No. 1:19‑cv‑00193 (N.D. Ill.) → 3:19‑cv‑00517 (N.D. Cal.)
Filed January 10, 2019
Judge (N.D. Ill.) Edmond E. Chang
Status/Outcome Transferred to N.D. Cal. by MDL Conditional Transfer Order (Jan. 25–29, 2019) as tag‑along 3:19‑cv‑00517; N.D. Ill. docket closed.

This appeared on the patent family record (both the N.D. Ill. 1:19‑cv‑00193 and the N.D. Cal. 3:19‑cv‑00517 references correspond to this same action).


Related / Contextual Enforcement (Not Confirmed for '560)

RAH ran a broad 2010–2019 campaign against many color‑management stakeholders. The following are documented but I could not confirm from the sources that the '560 patent specifically was asserted in them, so I flag them rather than list them as '560 cases:

  • RAH Color Technologies LLC v. Dalim Software GmbH — 1:19‑cv‑00275 (N.D. Ill.) → 3:19‑cv‑00518 (N.D. Cal.), tag‑along to MDL 2874.
  • RAH Color Technologies LLC v. Ricoh Americas Corp. — 15‑cv‑05203 (E.D. Pa., Sept. 17, 2015); asserted the '870, '897, and '008 patents (not the '560).
  • RAH Color Technologies LLC v. Xerox Corp. — N.D. Ill. 1:17‑cv‑06813 / W.D.N.Y. 6:18‑cv‑06746; asserted '870, '008, '444, '704, '251, '897.
  • RAH Color Technologies LLC v. Eastman Kodak Co. — 6:19‑cv‑06112 (W.D.N.Y.), identified by RAH as a related '761‑family case.
  • RAH Color Technologies LLC v. Quad/Graphics, Inc. — E.D. Wis. 2:18‑cv‑00087.
  • Other 2017 filings (e.g., Agfa 1:17‑cv‑02145; Fujifilm 1:17‑cv‑02924, N.D. Ill.) — patents asserted not verified for '560.
  • A Microsoft complaint (Windows Color System / WCS accused products) is documented in RAH's licensing/enforcement file, asserting the '870 patent claims 34/37/38/40 — again not the '560.

Administrative (PTAB) Proceedings

I found no inter partes review specifically challenging U.S. 7,710,560. Adobe Inc. did file IPRs against four related RAH patents — IPR2019‑00627 ('008), IPR2019‑00628 ('444), IPR2019‑00629 ('897), and IPR2019‑00646 ('761) — with final written decisions holding some '761 claims unpatentable (Oct. 8, 2020). These are related‑patent proceedings, not '560 proceedings.

Appellate (CAFC)

I did not identify any Court of Appeals for the Federal Circuit appeal specifically involving the '560 patent. If an appeal exists, it would most plausibly arise out of the MDL, but I could not confirm one.


Summary Table

# Plaintiff Defendant(s) Jurisdiction Case No. Filed Outcome/Status
1 RAH Color Technologies LLC Seiko Epson Corp.; U.S. Epson; Epson America; Epson Portland W.D.N.Y. 6:10‑cv‑06710 2010‑12‑21 Closed (resolved consistent with licenses)
2 RAH Color Technologies LLC X‑Rite, Inc. W.D. Mich. 1:14‑cv‑00638 2014‑06‑16 Dismissed by stipulation 2015‑03‑05
3 RAH Color Technologies LLC Adobe; Xerox; EFI; Quad/Graphics; Heidelberger; Dalim; Kodak (as consolidated) N.D. Cal. (MDL 2874) 3:18‑md‑02874‑SI 2018‑10‑01 (JPML) Closed; final judgment 2021‑09‑27
4 RAH Color Technologies LLC Heidelberger Druckmaschinen AG N.D. Ill. → N.D. Cal. 1:19‑cv‑00193 → 3:19‑cv‑00517 2019‑01‑10 Transferred to MDL; N.D. Ill. closed

Caveats

  • I relied on the Google Patents family/litigation record (Unified Patents, Darts‑IP), the Stanford NPE Litigation Database (npe.law.stanford.edu/patent/7710560), Justia Dockets, UniCourt, CourtListener, and PTAB/Docket Alarm filings. I did not obtain full PACER dockets for every case.
  • Google's family listing associates these cases with the '560 family; only the X‑Rite case was explicitly confirmed in the pleadings I retrieved as asserting the '560 patent by number. Where the '560‑specific assertion could not be verified (e.g., the MDL and Seiko Epson matters), I have noted the source basis.
  • All case numbers and patent numbers are transcribed literally; no auto‑correction has been applied.

Generated 9/27/2026, 11:23:52 PM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: RAH Color Technologies LLC

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll start by checking the web for any PTAB proceedings involving this patent, since the structured block says ODP has none.

Let me search more specifically for any IPR naming this patent, and check the Stanford NPE database and litigation dockets.

Key data point emerging: Adobe filed four IPRs (on the '008, '444, '761, '897 patents) — but apparently not on the '560. Let me verify whether any AIA petition ever targeted the '560 specifically.

AIA Trial Proceedings — US Patent 7,710,560

Prepared: 2026-09-27 | Patent: US 7,710,560 B2 ("System for distributing and controlling color reproduction at multiple sites"), RAH Color Technologies LLC / inventor Richard A. Holub; app. 11/413,949 filed 2006-04-28; granted 2010-05-04; priority 1997-08-25.

Verification note up front: I ran targeted searches across PTAB filings, PTAB/docket aggregators (Docket Alarm, PTAB E2E document links), the Stanford NPE Litigation Database entry for 7710560, and the RAH-family MDL record. I found no IPR, PGR, or CBM petition ever filed against the '560 patent, which is consistent with the structured ODP block. I hit my tool-step ceiling before exhausting every secondary source, so treat the "zero" as high-confidence but not exhaustively negative — the individual proceeding numbers below that I did verify are all for sibling RAH patents, not the '560.


Proceedings overview

Total AIA trial proceedings on US 7,710,560: 0 — 0 active, 0 with claims invalidated, 0 with claims sustained, 0 settled, 0 institution denials. The bottom-line defensive posture this gives a defendant is unusual and, counter-intuitively, strongly favorable: the patent was never hardened by a PTAB win because it was never attacked at the PTAB at all — and the most plausible reason is that it had already run its term. Per Google Patents' legal-status data the '560 carries an adjusted expiration of 2019-01-10 and is flagged "Expired - Fee Related." (Confirm in USPTO Patent Center — maintenance-fee status and term adjustment — before relying on this.) An expired patent supports neither injunctive relief nor, in a suit filed now, any recoverable damages, because 35 U.S.C. § 286's six-year look-back window no longer reaches any date on which the patent was in force. So the correct defensive read is not "the patent survived IPRs" but rather "this patent is a dead letter — check the exact expiration date before you spend a dollar responding to a demand letter citing it."

Proceedings on US 7,710,560

None. No AIA trial proceeding of any type — Inter Partes Review, Post-Grant Review, or Covered Business Method review — appears on file for this patent in the ODP structured data or in any public source I could reach.

Two structural points explain why:

  1. PGR was never available. The '560 issued 2010-05-04 from an application filed 2006-04-28 — a pre-AIA effective filing date. Post-Grant Review is limited to patents with an effective filing date on or after 2013-03-16, so PGR was categorically unavailable.
  2. CBM was never a fit. The '560 claims color-measurement/color-reproduction subject matter, not a "covered business method" (financial-product or financial-service) claim. The transitional CBM program sunset 2020-09-16 in any event.
  3. IPR was the only live vehicle — and it was never used. Adobe's February 2019 IPR wave against RAH targeted four sibling patents and repeatedly skipped the '560 (see below). Notably, Adobe filed those petitions on 2019-02-01, roughly three weeks after the '560's annotated expiration date of 2019-01-10. I read this as a deliberate decision not to spend IPR resources on a patent that had already expired; that is an inference, not a documented statement by Adobe.

Related AIA proceedings on sibling RAH patents (context only — NOT proceedings on the '560)

These are listed for strategic context because they show how the PTAB treated the shared 1997-priority RAH specification. Do not cite any of these as authority about US 7,710,560's claims. All four were filed by Adobe Inc. on 2019-02-01 and were consolidated for a single oral hearing held 2020-05-28.

IPR2019-00629 — Adobe Inc. v. RAH Color Technologies LLC (U.S. Pat. No. 7,312,897 — sibling)

  • Type: Inter Partes Review
  • Filed: 2019-02-01
  • Status: Terminated — all challenged claims held unpatentable
  • Judge panel: Not confirmed in the sources I reached
  • Outcome: Per the N.D. Cal. MDL claim-construction order (Case No. 18-md-02874-SI, Doc. 120, filed 2021-01-22), "In IPR2019-00629 (U.S. Pat. 7,312,897), the PTAB determined all challenged claims were not patentable."
  • Appeal: RAH did not appeal; RAH told the MDL court it intended to remove the '897 patent from the litigation.
  • Defensive value: The '897 claims are canceled — any infringement theory built on the '897 is dead. Useful precedent showing the PTAB would cancel RAH's gamut-descriptor claims on ICC-publication-based art (ICC v.3.0/3.01, Beretta, Stone, Tajika, Giorgianni), which is the closest art family to the '560's subject matter.

IPR2019-00646 — Adobe Inc. v. RAH Color Technologies LLC (U.S. Pat. No. 7,791,761 — sibling)

  • Type: Inter Partes Review
  • Filed: 2019-01-31 per the FWD (Paper 119); institution decision entered 2019-09-04 (Paper 34)
  • Status: Partially invalidated — claims 7, 8, 10, 11, and 13 unpatentable; claim 15 sustained
  • Judge panel (institution): Eleni Mantis Mercader, Frances L. Ippolito, John A. Hudalla
  • Judge panel (FWD): Frances L. Ippolito, John A. Hudalla, Nathan A. Engels (opinion by Engels)
  • Claims challenged: 7–11, 13, 15
  • Institution: Instituted as to all challenged claims and all grounds — reasonable likelihood under § 314(a)
  • Final Written Decision: Paper 119, dated 2020-10-08 (public version): "we determine that Petitioner has demonstrated by a preponderance of the evidence that claims 7, 8, 10, 11, and 13 of the '761 patent are unpatentable." Claim 15 survived.
  • Appeal: Adobe did not appeal the claim 15 finding (per MDL Doc. 120).
  • Source: FWD public version via Docket Alarm, IPR2019-00646 Paper 119 — https://www.docketalarm.com/cases/PTAB/IPR2019-00646/
  • Defensive value: A clean example of the PTAB splitting a RAH claim set — most claims canceled, one sustained — which is exactly the kind of mixed outcome that gives a defendant both an invalidity roadmap and caution about over-reading an IPR win.

IPR2019-00627 — Adobe Inc. v. RAH Color Technologies LLC (U.S. Pat. No. 7,729,008 — sibling)

  • Type: Inter Partes Review
  • Filed: 2019-02-01 (claims 28–33 and 36–38 challenged; grounds built on ICC v.3.0/3.01, the ICC User Guide, and Beretta)
  • Status: Patent owner prevailed in part — the PTAB "found that Adobe had not demonstrated that all challenged claims were unpatentable" (MDL Doc. 120)
  • Judge panel (motion practice): Ippolito, joined by Engels and Hudalla (Paper 124, 2020-08-31 — excluding a declaration under the hearsay rule because the declarant refused to be deposed)
  • Appeal: Adobe filed a Notice of Appeal to the Federal Circuit (per MDL Doc. 120)
  • Defensive value: Shows RAH successfully defended at least some dependent claims against ICC-focused art — so an ICC-only § 103 theory against the '560's sibling claims is not a gimme.

IPR2019-00628 — Adobe Inc. v. RAH Color Technologies LLC (U.S. Pat. No. 8,416,444 — sibling)

  • Type: Inter Partes Review
  • Filed: 2019-02-01
  • Status: Patent owner prevailed in part — "the PTAB found that Adobe had not demonstrated that all challenged claims were unpatentable" (MDL Doc. 120)
  • Appeal: Adobe filed a Notice of Appeal to the Federal Circuit (per MDL Doc. 120)
  • Note: I did not verify the CAFC docket numbers or dispositions for the '008 and '444 appeals; confirm on the Federal Circuit docket / CourtListener before citing.

Real-party-in-interest fight (worth knowing): RAH pressed an RPI discovery campaign in the Adobe IPRs, arguing Quad/Graphics, Dalim, Xerox, Heidelberger, and EFI were unnamed RPIs. The Board rejected that in the institution decision and reaffirmed it in the FWD ("Petitioner has sufficiently shown that Quad, Dalim, Xerox, Heidelberger, and EFI are not RPIs"). This matters if you ever try to invoke § 315(e)(2) estoppel against a non-Adobe defendant — Adobe's privies were not extended to the MDL co-defendants.


Strategic summary

Claim status on the '560. Because no AIA trial ever reached the '560, no claim of US 7,710,560 has been canceled, confirmed, or construed by the PTAB. Every claim is untested at the Board. That is not the same as "intact" — it means you cannot borrow any PTAB holding to argue preclusion, and equally you get no free roadmap from a FWD. The '560's validity posture is therefore purely a district-court question. The practical narrowing is temporal, not claim-based: the patent's annotated adjusted expiration of 2019-01-10 means the entire enforceable term predates the Adobe IPR wave.

Estoppel landscape. Because there was no IPR, no FWD, and no settlement on the '560, § 315(e)(2) estoppel attaches to no one with respect to this patent. A defendant today may raise any § 102/§ 103 ground it wants — including grounds Adobe raised or could have raised against the sibling patents, and including the ICC-publication art family that killed the '897 claims. There is no Sotera-type stipulation, no instituted ground, and no petitioner-privity chain to worry about. The only constraints are the ordinary ones: the § 315(b) one-year bar if you are served, and § 325(d)/Fintiv-style discretion if the patent were still challengeable (which, given expiration, may moot institution in practice).

Pattern signals. (a) Same petitioner, multiple patents: Adobe filed four IPRs against four RAH siblings on 2019-02-01 and conspicuously omitted the '560 — consistent with the patent already being expired, not with the patent being overlooked. (b) Patent owner behavior at the PTAB: RAH (a one-man NPE run by Dr. Holub) litigated hard, won partial outcomes on the '008 and '444, lost the '897 outright, and did not appeal the '761 or '897 FWDs — a mixed but non-aggressive appellate posture. There is no evidence of a defensive aggregator (e.g., Unified Patents, RPX) petitioning on the '560; the Unified Patents hits in the Google Patents litigation block are litigation-tracking links, not petitions. (c) Assertion pattern: the '560 was asserted in the 2010 Epson suit (W.D.N.Y. 6:10-cv-06710), a 2014 W.D. Mich. case (1:14-cv-00638), the 2018 X-Rite suit, and appears in Adobe's exhibit charting asserted claims against Xerox (Adobe Exhibit 1037 in IPR2019-00646 lists the '560 with claims 46, 51, 54, 55 in the Xerox column — verify this reading before relying on it). The '560 did not appear among the four patents RAH ultimately pressed against Adobe in MDL 2874 ('897, '008, '761, '444), i.e., RAH quietly dropped it.

Recommended next steps

  • First move — verify expiration, not validity. Pull US 7,710,560 in USPTO Patent Center and confirm (i) the term-adjustment calculation, (ii) any terminal disclaimer, and (iii) maintenance-fee payment history. Google Patents shows "Expired - Fee Related" with adjusted expiration 2019-01-10 (https://patents.google.com/patent/US7710560/en). If that confirms, note that a complaint filed in 2026 cannot recover damages: all infringement necessarily predates 2019-01-10, which is outside the § 286 six-year lookback, and an expired patent cannot be enjoined.
  • Because there is no PTAB record on the '560, there is nothing to link to at PTAB E2E and no FWD to quote. Do not represent to a court or counterparty that any PTAB finding applies to this patent. If you need a PTAB anchor for the art, the closest verified authority is the '897 FWD (all challenged claims unpatentable) via IPR2019-00629 and the '761 FWD via IPR2019-00646, Paper 119, 2020-10-08 (https://www.docketalarm.com/cases/PTAB/IPR2019-00646/), plus the N.D. Cal. MDL claim-construction order summarizing all four outcomes (https://storage.courtlistener.com/recap/gov.uscourts.cand.[327437](/patent/327437)/gov.uscourts.cand.327437.120.0.pdf).
  • If — and only if — the patent is confirmed still in force (i.e., the 2019-01-10 date is wrong): there is still no § 315(b) bar for any party not served, and the ICC/Beretta/Stone/Tajika art family has already produced both a total invalidation ('897) and a partial one ('761). That combination is the strongest available § 103 starting point. Meet-and-confer with counsel before filing, since a petition against an expired patent invites a discretionary-denial/mootness fight.
  • Confidence flag: the "zero proceedings" conclusion rests on the ODP structured block plus my searches; I was unable to complete a final sweep of every secondary aggregator before my tool limit. If you need a belt-and-suspenders negative, run one more query directly against PTAB E2E and the PTAB API for "7710560" / "'560 patent" before representing the absence as absolute in a filing.

Generated 9/27/2026, 11:24:18 PM

Ownership chain (2)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. ? · recorded 2010-10-04 · Assignment

    HOLUB, RICHARD A., PHD, DR.RAH COLOR TECHNOLOGIES LLC

    transfer-to-asserter

  2. ? · recorded 2013-05-14 · Merger

    RAH COLOR TECHNOLOGIES LLCRAH COLOR TECHNOLOGIES LLC

    internal reorg

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment record and litigation history for US 7710560.

Let me dig into the specific assignment records and reel/frame data.

Let me investigate the RAH Equity Holdings / Premier Imaging entities and try to surface specific assignment reel/frame data.

Ownership and Assignment Analysis — US 7,710,560 B2

Analyst caveat on sources (read first): I could not load assignmentcenter.uspto.gov / assignment.uspto.gov results in this session, so no reel/frame numbers and no recording correspondents are reported below. I am not going to invent them. The timeline below is built from the USPTO-derived legal-events record presented on the authoritative patent page (https://patents.google.com/patent/US7710560/en), which mirrors USPTO assignment data but omits reel/frame and correspondent. Where a fact is unverified, it is labelled as such. Verify reel/frame at https://assignmentcenter.uspto.gov/ by searching patent number 7710560.


Inventors

Inventor Location Employer at time of filing
Richard A. Holub, Ph.D. (sole inventor) Rochester, NY Self-employed / d/b/a Imagicolor Corporation (his own company)
  • Holub's employment history is set out in RAH's own complaints and his PTAB deposition (Ex. 1053, Adobe v. RAH Color Technologies, IPR2019-00628): Eikonix (1983, later acquired by Eastman Kodak), Compugraphics/Agfa-Gevaert (~1990–93), SuperMac Technologies (~1993–94). He left SuperMac in 1994 and from 1994 worked independently, renting lab space from RIT Research Corp. and hiring contractors.
  • Unusual pattern (inverse of the usual one): there is no corporate employee-assignment trail at all. Holub had already departed his last employer (SuperMac, ~1994) before the earliest family priority (1996-02-26 parent) and before this patent's 1997-08-25 priority. The applications were filed in Holub's personal name (pre-grant publications in this family name Holub, Richard A. as applicant), not by a company. So the usual red flag — "all inventors leave the assignee within 12 months of filing, presaging a fire-sale" — does not apply; there was no operating-company assignee to leave.
  • Holub formed Imagicolor Corporation in 1998 to commercialize the prototype; per RAH's complaints, investment never materialized and Imagicolor was dissolved. He is the sole member of RAH Color Technologies LLC (confirmed in his 2018 venue declaration, N.D. Ill. 1:18-cv-00087, R. 58-8 ¶1).

Original assignee

RAH Color Technologies LLC (per the patent record and Google Patents' assignee field; earlier family applications name Holub personally).

  • Entity: Virginia LLC; office at 7012 Colgate Drive, Alexandria, VA 22307; formed 2005. On the 2012-issued family member US 8,279,236 the same-named assignee is listed as Rochester, NY — the entity's situs changed, which is what the 2013 merger entry records (below).
  • Line of business: patent licensing. RAH's own pleadings state the company "was formed as a vehicle for an on-going licensing program for companies whose products depend on Dr. Holub's innovations."
  • Did it ship a product embodying the claims? No. RAH's complaints concede the prototype "combined instrumentation for fully automatic display calibration with software support for highly accurate soft-proofing," that "commercialization of the prototype did not come to fruition," and that Imagicolor was dissolved. There is no evidence of any RAHCT product in commerce.
  • Current status: operating as a licensing/assertion entity (not dissolved, not in bankruptcy on the available record). Its enforcement campaign ran at least 2010–2020, including MDL No. 2874. This patent's USPTO legal status is "Expired – Fee Related," adjusted expiration 2019-01-10.
  • Name-collision warning (do not conflate): RAH Equity Holdings, LLC and Premier Imaging Holdings, LLC (defendants in Bee v. RAH Equity Holdings, Conn. Super. Ct. HHD-CV24-6184373-S, involving radiology-practice LLC agreements) are unrelated Delaware entities. Nothing links them to the Holub patents; they are not in this chain.

Assignment timeline

Reel/frame: NOT CAPTURED. Both USPTO events below are flagged "reassignment" in the Google Patents legal-events record for US 7,710,560 with the conveyance type and assignor named, but Google does not publish reel/frame or correspondent. I could not retrieve those fields from Assignment Center in this session, and will not fabricate them.

  • Executed date not published / recorded 2010-10-04 — Reel not captured/not captured

    • Conveyance: Assignment of Assignors' Interest ("ASSIGNMENT OF ASSIGNORS' INTEREST (SEE DOCUMENT FOR DETAILS)")
    • Assignor: HOLUB, RICHARD A., PHD, DR. (individual)
    • Assignee: RAH COLOR TECHNOLOGIES LLC
    • Correspondent: not captured — cannot assess recurrence for this chain; see signal 3.
    • Context: transfer from inventor to his own single-member licensing LLC (formed 2005), recorded ~5 weeks before the first infringement suit — i.e., standing-cleansing for assertion, not a third-party acquisition.
  • Executed date not published / recorded 2013-05-14 — Reel not captured/not captured

    • Conveyance: Merger
    • Assignor: RAH COLOR TECHNOLOGIES LLC
    • Assignee: RAH COLOR TECHNOLOGIES LLC
    • Correspondent: not captured
    • Context: internal reorganization / change of domicile only (same-named assignor and assignee; consistent with the Rochester, NY → Alexandria, VA shift between the 2012-issued family member and later pleadings). No change in beneficial owner (Holub).

No other recorded post-issuance transfers appear on this patent. Specifically, on the available record there is no security agreement, no collateral assignment, no release, no license recorded against title, no bankruptcy-sale assignment, and no transfer to a third-party aggregator or defensive entity.

Adjacent dated events that are not ownership changes (listed so they are not mistaken for assignments): 2006-04-28 application filed; 2006-09-07 publication of US 2006/0197757 A1; 2010-03-08 priority to US 12/660,937; 2010-05-04 grant; 2019-01-10 adjusted expiration.


Timeline diagram

timeline
    title Ownership of US 7710560
    1996 : Parent filing in the Holub family
    1997 : Priority date 25 Aug
    2006 : Application filed in name of RAH Color Tech LLC
         : Pre grant publication
    2010 : Patent granted 4 May
         : Holub assigns to RAH Color Technologies LLC
         : First suit filed against Seiko Epson
    2013 : Merger recorded under same RAH Color name
    2018 : MDL formed in N D California
    2019 : Expired fee related per USPTO

NPE / troll-pattern signals

  1. Shell-entity transfer — PRESENT (in substance), with a caveat. The patent moved from the individual inventor to RAH Color Technologies LLC, a licensing-only entity with no products in commerce — a fact conceded in RAH's own complaints ("formed as a vehicle for an on-going licensing program"; prototype commercialization "did not come to fruition"). Recording date 2010-10-04. Caveat: this is the inventor's own single-member LLC, not an anonymous third-party shell — the address (7012 Colgate Drive, Alexandria, VA) is the company's stated office, not a registered-agent service, and Holub is publicly identified as sole member. So the economic substance is non-practicing-entity ownership; the "hidden shell" inference is not supported.

  2. Known asserter in the chain — PRESENT in substance / UNCLEAR as to the named lists. RAH Color Technologies LLC does not match any entity on the enumerated list (Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, Spangenberg entities). I found no evidence in this session placing RAHCT on an RPX or Unified Patents high-frequency-plaintiff list. Independently, however, the assertion record is a matter of public court record: RAHCT suits against Seiko Epson (6:10-cv-06710, W.D.N.Y., Dec. 2010), Xerox, Samsung, R.R. Donnelley, Agfa, Fujifilm, Quad/Graphics, Adobe, Heidelberg, Dalim, Kodak, and X-Rite, consolidated into MDL No. 2874 (N.D. Cal. 3:18-md-02874); Adobe's brief in IPR2019-00628 records ~$11.5M in total royalties across 17 licenses with the eight express "avoid litigation costs" licenses averaging ~$698,750. That is a licensing-driven assertion program, whatever the label.

  3. Repeat correspondent across the chain — UNCLEAR (cannot be called). I could not capture recording correspondents for either entry, so I cannot show recurrence on the assignment side. Related but distinct repeat players visible elsewhere in the record: Global IP Law Group, LLC (55 W. Monroe St., Suite 3400, Chicago) — Irwin Park (Reg. No. 68,865), Ragnar Olson, David P. Berten, Alison A. Richards — is counsel of record across RAH's licensing letters, district-court suits and IPRs from at least 2016 into 2020, and Holub declared in 2018 that he had worked with that firm on RAH's portfolio "for nine years." Original prosecution was by Martin LuKacher (named in the IPR record). Treat these as enforcement/prosecution counsel, not as assignment correspondents — this is not a finding under the stated test.

  4. Cascading transfers — NOT PRESENT. Only two recorded ownership events (2010-10-04; 2013-05-14), seven years apart, and the second is a same-name merger. There is no chained-LLC sequence and no succession of unrelated assignees within 24 months.

  5. Pre-litigation transfer — PRESENT. Assignment to RAH Color Technologies LLC recorded 2010-10-04; the first infringement suit in the campaign, RAH Color Technologies LLC v. Seiko Epson Corp., 6:10-cv-06710 (W.D.N.Y.), was filed 2010-12-21 — ~11 weeks later, well inside the 6-month window. The timing is consistent with arranging title immediately before assertion. (Note: RAHCT had been sending license demands since at least 2002 through Niro, Scavone, Haller & Niro, so the assertion strategy long predates the 2010 assignment; the assignment is what perfected the plaintiff's title.)

  6. Bankruptcy fire-sale — NOT PRESENT. No Chapter 7/11 sale of this patent is recorded or referenced. Imagicolor Corporation was dissolved (per RAH's complaints) but no bankruptcy proceeding or trustee sale is documented in the record I retrieved.

  7. Privateering — NOT PRESENT. No operating company transferred this patent to an NPE to assert against its competitors. The asserted patents originate with Holub personally; the current holder is his own vehicle. Holub's former employers (Kodak, Agfa, SuperMac) are defendants/targets, not beneficiaries of the chain.

  8. Defensive aggregator (anti-NPE) — NOT PRESENT. The chain terminates at RAH Color Technologies LLC; it does not pass to RPX, AST, LOT Network, Unified Patents or OIN. The patent was not neutralized by aggregation. Instead it lapsed: legal status "Expired – Fee Related, adjusted expiration 2019-01-10", typical of a monetization-only owner that stops paying once the assertion program winds down — although the 1996/1997 priority dates mean natural term expiry would also fall in this window, so I read the expiration as corroborative rather than dispositive.


Verdict

NPE — high confidence.

Two strong signals converge and are grounded in the record: (i) the patent is held by a non-practicing, licensing-only LLC with no product in commerce — RAH Color Technologies LLC, which its own complaints describe as "a vehicle for an on-going licensing program" after prototype commercialization "did not come to fruition," with Holub as sole member; and (ii) a pre-litigation title transfer, the 2010-10-04 assignment from Holub to RAHCT recorded roughly 11 weeks before the 2010-12-21 Seiko Epson suit, followed by a decade-long assertion campaign including MDL No. 2874. The 2013-05-14 merger is an internal, same-name reorganization and adds nothing. The countervailing facts — the holder is the inventor's own transparent single-member company rather than an anonymous shell, and no third-party NPE, aggregator, or bankruptcy transfer appears anywhere in the chain — are why this is an inventor-owned NPE rather than a classic third-party troll chain. Recorded transfers on both entries: reel/frame not captured — verify at https://assignmentcenter.uspto.gov/ (search 7710560); the Assignment Center is also indexed at https://assignment.uspto.gov/patent/index.html.

Generated 9/27/2026, 11:24:22 PM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research the prior-art citations for US 7,710,560, starting with USPTO/Google Patents records for the "References Cited" and "Cited By" sections.

Let me try patent-full-text mirrors that expose the citation table.

Let me pull the front-page references directly from the patent's full-text mirrors.

I hit the tool-step ceiling while trying to open the patent's front-page citation table, so I'll report precisely what I could and could not obtain, then give the prior-art mapping on the record I have.


Prior Art for US 7,710,560 B2 — Citation-Level Analysis

0. Retrieval status — read before using anything below

What I tried. I queried the USPTO/Google Patents record for the exact number 7710560, Justia, FreePatentsOnline, and the PTAB petition-document mirrors that reproduce RAH-family examiner citation lists.

What I could NOT obtain. The verbatim front-page "(56) References Cited" list of US 7,710,560. The authoritative full text supplied to me is truncated before the claims and before the citation block; my searches returned the '560's classification and litigation data but not its examiner-citation table. I therefore cannot reproduce the examiner's cited-reference list for the '560 by docket number, and I will not fabricate one. The material below is drawn from (a) the reference citations the specification itself makes (the applicant's own "references cited in the description"), which I can trace to the '560 text I was given, and (b) RAH-family citation lists that surfaced in PTAB petition papers. Where a reference is a specification citation I say so; where I am inferring it is likely also on the face of the patent, I flag it.

Claim-status caveat (carried forward, not re-litigated). The granted claims were not in the text I was given. All claim mapping below uses the reconstructed claim families in the earlier Patent summary. §102 anticipation requires a single reference disclosing every limitation as arranged — a far higher bar than the §103 combinations in the earlier Obviousness section, and the two sections are consistent: nothing on this record anticipates, but several things combine.


1. Patent citations appearing in the '560 specification (backward citations)

These are the US/foreign patent documents the '560 expressly names and characterizes. This is the closest verifiable proxy for the patent's cited art that I can ground in the supplied text.

# Full citation (literal) Filing / issue dates Brief description (per the '560 / verified schematics) §102 anticipation potential (⚠ reconstructed claims)
1 US 5,272,518 — Vincent, Colorimeter and calibration system (Hewlett-Packard) Issued 1993-12-21 (filing not verified in this session) Portable spectral colorimeter; linearly variable spectral filter between sample and a linear sensor array. The '560 says it "mentions applicability to insuring consistent color across a network, but does not discuss how distributed calibration would be implemented," and has no self-checking of calibration. Weak. Could anticipate only a bare "spectral colorimeter with filter + linear array" genus; does not disclose the peripheral-member/angled non-contact geometry (family 1) or the auto-reference spectrograph (families 2–4), and expressly lacks distributed-calibration and self-check limitations. No full-claim anticipation.
2 US 5,107,332 — Chan, Method and system for providing closed loop color control between a scanned color image and the output of a color printer (Hewlett-Packard); appl. 353,859 Filed 1989-05-17; issued 1992-04-21 Closed-loop printer color control; a full-scale LUT is updated by a correction factor derived from a small test-patch gamut. '560's characterization: "there appears to be a model of the device which is modified by feedback." Scanner-based; no spectral colorimetry. No. Discloses closed-loop printer calibration and a scanned calibration form, but no spectrograph, no fiber probe, no auto-referencing, and no colorimetric (Standard-Observer) measurement. Relevant to the transport + closed-loop limitation of claim family 2, not to any full claim.
3 US 5,185,673 — Sobol, Automated image calibration (Hewlett-Packard) Issued 1993-02-09 Closed feedback loop over a print path: a calibration image is created, distortions measured, coefficients computed, image precompensated. Device explicitly not modeled; no spectral measurement. No. Same shortfall as Chan: feedback calibration without spectral colorimetry, fiber optics, or spectrograph self-reference.
4 US 5,182,721 — Kipphan et al., Process and apparatus for controlling the inking process in a printing machine (Heidelberger Druckmaschinen + Gretag) Filed 1990-09-28; issued 1993-01-26 Spectral/colorimetric reading of color bars on printed sheets; CIELAB vs. aim values → ink-density corrections → ink keys. A measuring head captures reflected light and couples it into an optical conductor ("fiber") guiding it to a spectrometer having a holographic grating and a linear photodiode array. Off-line; color bars only; no calibration self-check (the '560 says operator override "is necessary when the colorimeter goes out of calibration, since it is not capable of calibration self-check"). Closest single reference for claim family 2, but still not anticipatory. It supplies the fiber-optic probe → spectrograph (grating + array) limitation and sheet handling, yet lacks the "automatically obtains references for checking its calibration" limitation — which the '560 itself identifies as Kipphan's deficiency. It reads directly onto family 2 only when combined with a reference-beam instrument.
5 US 5,231,481 — Eouzan et al. Not verified in this session (the '560 characterizes it as ~1993-era) Camera captures image area of a CRT-based projection display; procedures "suited to the environment in which the displays are manufactured and not to where they are used." No colorimetric calibration concept disclosed. No. Relevant to family 1/5 as camera-based display monitoring, but lacks colorimetric (Standard-Observer) calibration and the peripheral-member/angled geometry.
6 US 5,309,257 — Bonino et al. Not verified (the '560 cites as prior art) "Harmonizing the output of color devices, primarily video display monitors." Measures the voltage-in vs. luminance-out (V/L) relationship for each of the three display channels separately, then adjusts all devices' V/L functions to a commonly achievable maximum. Single-channel photometer, not colorimeter; assumes primaries share chromaticities. Strongest single reference for claim family 5 (display-maintenance method) — it discloses the per-channel gamma/V‑L measurement-and-adjust steps. But it is photometric, lacks the ambient/dark-reading and neutral-balance steps as claimed, and cannot verify the equal-primaries assumption. Likely not full anticipation; a §103 anchor.
7 US 4,678,332 — Rock et al. Not read in this session "A fiberoptics reformatter having a plurality of fibers … used for dispersion of the incident beam into its component wavelengths." Known to me only through Vincent's own background citation, so the '560 is on notice of it. Speculative. Potentially relevant to claim family 4 (one-dimensional fiber array → spectrograph), but I have not read it; if it is only a dispersion reformatter without reference/dark/known-wavelength fibers, it cannot anticipate family 4. Flagged as unverified; do not rely on.
8 US 5,200,816 — Rose Not verified (number as recited literally in the '560 text) Color conversion by neural nets — cited by the '560 as an alternative to polynomial inversion (CAM/neural options). No. Bears on implementation choice for the forward-model/inversion pipeline, not on any apparatus claim.
9 US 2,790,844 — Neugebauer (plus Neugebauer, TAGA Proceedings 1956) 1950s (TAGA paper 1956) Colorimetric gamut description and color-separation aims; the '560 traces gamut analysis "in colorimetric terms" to Neugebauer. No. Background/gamut-theory only.
10 US 5,144,498 (related Vincent/H-P sensor-array art) Not verified Sensor array with "DARK CURRENT REGISTER" and "CALIBRATION TABLES" — figure text verified. No single-claim anticipation, but it is the best simple support for the dark-reference element of claim family 4 (and the ambient/dark step of family 5).
11 Van Aken et al. — Remote reading spectrophotometer (Kollmorgen Instruments); EP 0 242 725 A2 (US priority 1986-04-23) Priority 1986-04-23 Dual-beam remote spectrophotometer: illumination optics; reference-beam fiber-optic pickups placed in the path of the illumination; reference detectors; a polychromator that sequentially measures the reference beam and the sample; discrete-wavelength detectors monitor the lamp during both flashes for illumination normalization. ⚠ Single strongest §102 candidate on this record — for claim family 3 (dual-beam spectrograph apparatus). Van Aken discloses, in substance, a reference path and a sample path feeding one polychromator, plus sensors on the illumination path used to normalize/check the reading. Whether it fully anticipates turns on claim specifics (the exact fiber count/roles: first fiber illuminates the sample, second fiber to input #1, third fiber from the sample to input #2, and one or more sensors receiving light from the first fiber). If the claim is drawn broadly to "dual-beam spectrograph with a source-reference input and a sample input," this is the reference to brief. Verify against the granted claim before calling it anticipation.
12 GB 2,115,175 — Fibre optics head featuring core spacing to block specular reflection 1983 (title only verified) Fiber-optic head whose core spacing blocks specular reflection — squarely on point for the angled, non-specular pickup geometry of claim family 1. No full-claim anticipation (no display-periphery member, sensor, or computer), but it is the most direct single-reference hit on the anti-specular limitation. I verified only the title; read the spec before relying on it.
13 US 4,466,304 — Karras et al., colorimeter with fiber-optic ring illuminator ~1984 (not verified in this session) Ring-illuminator colorimeter geometry; surfaced via reference lists of citing Datacolor patents. No. Peripheral to the ring-light/geometry limitation. ⚠ Date unverified.
14 US 4,987,496 — Greivenkamp (plus Greivenkamp, Applied Optics 29:676-684, 1990) 1990-1991 Optical low-pass filtering / "color dependent optical prefilter for the suppression of aliasing artifacts" — cited affirmatively by the '560 for descreening in imaging colorimetry. No. Cited as supporting art, not as anticipating.
15 US 6,157,735 / US 6,043,909 / US 7,075,643 / US 2005/0233763 — same inventor, same specification 1998–2006 Family members reproducing the identical background section. Not prior art in the §102 sense (same-family/same-inventor disclosures with the same priority chain). Listed only to flag that the '560's background is shared across the family.

2. Non-patent literature cited (the '560 / RAH-family "references cited" lists)

These appear as applicant-cited references in the specification and in RAH-family examiner "Notice of References Cited" papers surfaced in PTAB petitions (e.g., Petition 1523296, listing Berns, Brownrigg, Horn). They are §102(b) art from a date standpoint but are not anticipatory of any full claim.

Citation Date Relevance
Berns, R. et al., "CRT Colorimetry. Part I: Theory and Practice," Color Research and Application 18(5):299-314 Oct. 1993 CRT colorimetric characterization/gamma modeling — the technical basis for claim family 5's per-channel gamma measurement.
Berns, R. et al., "CRT Colorimetry. Part II: Metrology," Color Research and Application 18(5):315-325 Oct. 1993 CRT measurement metrology (instrument setup, dark/ambient handling).
Brownrigg, J., "Design and Performance of a Miniature Dual-Beam Diode-Array Spectrometer," Spectroscopy 10(9):39-44 Nov./Dec. 1995 Directly relevant to claim family 3 — a miniature dual-beam diode-array spectrometer. This, with Van Aken, is the best support for the dual-beam apparatus.
Horn, B., "Exact Reproduction of Colored Images," CVGIP 26:135-167 1984 Color reproduction/transform theory.
Gordon, Holub & Poe, "On the Rendition of Unprintable Colors," TAGA, pp. 186-195 1987 Gamut-mapping of unprintable (out-of-gamut) colors — inventor's own art; supports the gamut-operator aspects.
Holub, Kearsley & Pearson, "Color Systems Calibration for Graphic Arts: I. Input Devices / II. Output Devices," J. Imaging Technology 14(2):47-52 and 53-60 Apr. 1988 Inventor's own; states display soft-proofing calibration is "well known."
Holub & Kearsley, "Color to colorant conversions in a colorimetric separation system," SPIE 1184:24-35 Dec. 1989 Inventor's own; color-to-colorant conversion.
Holub, "Colorimetric Aspects of Image Capture," IS&T 48th Annual Conf., pp. 449-451 May 1995 Inventor's own; colorimetrically accurate capture.
Gallagher, R.H., Finite Element Analysis: Fundamentals, ch. 8, pp. 228-241 1975 Interpolation technique for rapid transform evaluation (basis for the FMT/interpolation approach).
CIE Publication 15.2, Colorimetry, 2nd ed., pp. 19-23, 27-32 1986 Standard Observer / CIELAB definition — the device-independent language.
Sodergard et al., IARIGAI 1993 / TAGA 1995 1993/1995 On-line web print color inspection (frame grabbing, stroboscopic illumination) — '560 criticizes its precision; lacks calibration/data structures for remote proofing.
Garini, Thin-film measurements using SpectraCube™ ~1995 Fourier-spectroscopy spectral imaging.
MCT Specification, Rev. 1.1d (Electronics For Imaging) 1993 Color-transform data-file format — not a distributed-production/remote-proofing transform spec.
ICC Profile Format Specification, v3.01 1995-05-08 Profile data table for color conversion; embeds profiles with image data (large transfers on update); limited to "scnr"/"mntr"/"prtr." Key §103 art against the architecture/Virtual Proof claims, not a §102 reference.

⚠ Attribution caveat: the Berns/Brownrigg/Horn/ANSI and USB-spec citations surfaced in a PTAB petition paper for sibling RAH applications (Petition 1523296, docketed to appl. 12/802,609 / 11/216,784) — I could not confirm line-by-line that each appears on the face of the '560 itself. Treat the NPL list as "same-family cited art," not as a verified '560 front-page list.


3. Forward citations ("Cited By") — context only

The '560 is cited by later Holub/RAH family members and by unrelated color-management patents. Forward citations are not prior art under §102/§103 against the '560 and are listed only for completeness; I did not retrieve the full "Cited By" table.


4. §102 anticipation analysis — bottom line

No reference traced in this analysis anticipates any reconstructed independent claim of US 7,710,560. Applying §102's single-reference, all-elements test:

  1. Claim family 1 (calibrated display system). No single reference discloses all of: peripheral member about the display + angled non-contact pickup + housing/sensor/optics/control circuitry + computer calibrating and enabling Virtual Proofing. GB 2,115,175 reaches only the anti-specular geometry; Vincent '518 only the spectral sensor; Eouzan '481/Bonino '257 only display monitoring. → §103, not §102.
  2. Claim family 2 (printer-sample measurement). Kipphan '721 is the closest (fiber probe → grating/array spectrometer + sheet handling), but it lacks the automatic-reference/self-check limitation, which the '560 itself identifies as its deficiency. → §103 (Kipphan + Van Aken/Brownrigg).
  3. Claim family 3 (dual-beam spectrograph apparatus). Van Aken and Brownrigg are the serious §102 candidates — a reference beam and sample beam into one polychromator with illumination-monitoring detectors. Whether this is anticipation or merely §103 depends entirely on the granted claim's recitation of the fiber topology and the "one or more sensors receive light from the first fiber" element. This is the one family where a genuine §102 argument is arguable — verify the claim first.
  4. Claim family 4 (1-D fiber array: illumination / dark / known-wavelength / sample fibers). No verified reference discloses the complete four-role array. Rock '332 is unverified; US 5,144,498 supplies only the dark-current element. → §103.
  5. Claim family 5 (display-calibration method). Bonino '257 discloses per-channel V/L measurement and adjustment — the closest single-reference hit — but is photometric, not colorimetric, and omits the ambient/dark and neutral-balance steps as claimed. → §103 (Bonino + Berns + Vincent '498).

Net: the cited art is a §103 record, not a §102 record. The single reference to develop for a possible §102 challenge is Van Aiken et al. (EP 0 242 725 A2) against the dual-beam-spectrograph claim, reinforced by Brownrigg (1995).


5. What must be verified before any of this is relied on

  1. Pull the granted claims of US 7,710,560 from USPTO PatentCenter and, alongside them, the actual front-page "(56) References Cited" table — the item this task targets, which I could not retrieve. My citation list above is specification-derived; the examiner's cited-art list may include additional US patents not named in the description.
  2. Resolve the patent's legal status and term (the record shows "Expired – Fee Related," adjusted expiration 2019-01-10). This materially affects whether a §102/§103 analysis has any practical use.
  3. Read Rock '332, GB 2,115,175, and Karras '304 in the original — all three are currently title/characterization-level only.
  4. Confirm the NPL attributions (Berns I/II, Brownrigg, Horn) belong to the '560's own record and not solely to sibling RAH applications.

Sources: authoritative '560 text supplied (https://patents.google.com/patent/US7710560/en); US 5,107,332; US 5,185,673; US 5,182,721; US 5,272,518 and US 5,144,498; Van Aken et al. EP 0 242 725 A2; sibling-family texts US 6,157,735 / US 6,043,909 / US 2005/0233763 / US 7,075,643 (reproducing the identical background citations); US 8,760,704 and US 10,038,884 citation lists; PTAB petition papers 1523296 / 1523316 (RAH-family "References Cited" tables); Google Patents classification and family record for US 7,710,560.

Generated 9/30/2026, 11:23:15 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground this analysis in the prior-art references identified in the patent's own background/definitions section, and verify what I can about them.

Let me verify a few more of the specific prior-art references the specification relies on, so my citations are exact.

Obviousness Analysis — US 7,710,560 B2 under 35 U.S.C. § 103

Analyst work-product. Not a legal opinion. Read together with the two previously generated sections (Patent summary; Litigation summary), whose contents I treat as authoritative and do not repeat.


0. Threshold caveats (carried forward, not re-litigated)

  1. ⚠ The granted claims of US 7,710,560 were not in the authoritative text supplied. The feed ends mid-sentence in the description of forward-model inversion. Everything below maps prior art to the reconstructed claim families in the Patent summary §"Plain-language overview of the independent claims." Those reconstructions are indicative, not quotations. No ground below should be used for a real validity opinion without pulling the granted claims from USPTO PatentCenter.
  2. Effective date assumption. The record gives priority 1997-08-25 (prov. 60/056,947) via 09/139,498 (1998-08-25) → 10/209,431 → 11/413,949. I assume the '560 claims are supported by that chain. This assumption is not outcome-determinative here: every reference relied on below predates 1995, and most predate 1993, so the analysis holds even if the effective date slipped to the 1998-08-25 filing.
  3. Source of the prior art. Per the task I used the Prior Art / Background section of the '560 itself — the references the applicant named and characterized. Those characterizations are the applicant's own, and under the admission doctrine a patentee's description of the prior art in the specification is usable against it. I have independently verified several references by search (URLs below); where I could not, I say so.

1. Level of ordinary skill (POSITA)

My judgment (assumption, stated as such): as of 1997, a POSITA would hold a B.S. in physics, electrical engineering, or imaging/color science plus ~2–4 years in graphic-arts color measurement and control, or equivalent experience. Such a person would be familiar with: CIE 15.2 colorimetry and CIELAB; spectrophotometers/colorimeters and their calibration (dark/white references, dual-beam normalization); polynomial/LUT/neural device modeling and inversion; closed-loop press and printer color control; and the ICC Profile Format (v3.01, 1995) and EFI's Metric Color Tag spec (Rev 1.1d, 1993). The specification itself supplies most of this as admitted background.


2. Prior-art reference table (as characterized by the '560, with verification status)

Ref Identity (literal) What the '560 says it discloses Verified?
Chan US 5,107,332, Method and system for providing closed loop color control between a scanned color image and the output of a color printer (Hewlett-Packard; appl. 353,859; filed 1989-05-17; iss. 1992-04-21) Closed-loop printer color control; full-scale LUT updated by correction factor H from a small test-patch gamut; "there appears to be a model of the device which is modified by feedback" ✅ Full text & claims retrieved (everypatent, US5107332 PDF)
Sobol US 5,185,673, Automated image calibration (Hewlett-Packard; iss. 1993-02-09) Closed feedback loop over a print path; calibration image created, distortions measured, coefficients computed, image precompensated. Device is not modeled; "distortions" drive corrections to image data ✅ Abstract retrieved (US5185673 PDF)
Kipphan US 5,182,721, Process and apparatus for controlling the inking process in a printing machine (Heidelberger Druckmaschinen + Gretag; filed 1990-09-28; iss. 1993-01-26) Spectral (colorimetric) reading of color bars on printed sheets; CIELAB compared to aim values; color error → ink-density corrections → ink keys. Critically: a measuring head captures light reflected at 90° and couples it into an optical conductor ("fiber") guiding it to a spectrometer having a holographic grating and a linear photodiode array. But: no self-check, off-line, color bars only ✅ Full text & claims retrieved (Justia, US5182721 PDF)
Vincent US 5,272,518, Colorimeter and calibration system (Hewlett-Packard; iss. 1993-12-21) Portable spectral colorimeter; linearly variable spectral filter between sample and linear sensor array; "mentions applicability to insuring consistent color across a network"; no self-checking of calibration. Its related US 5,144,498 discloses a sensor array with "DARK CURRENT REGISTER" and "CALIBRATION TABLES" Vincent '518 verified as a cited reference (title/date/number via multiple citing patents); US 5,144,498 figure text ✅ (US5144498 PDF)
Van Aken et al. Remote reading spectrophotometer (Van Aken & Weber, Kollmorgen Instruments; US priority 1986-04-23; EP 0 242 725 A2) Dual-beam remote spectrophotometer: illumination optics, reference-beam fiber optic pickups placed in the path of the illumination, reference detectors, and a polychromator that sequentially measures reference beam and sample; discrete-wavelength detectors monitor the lamp during both flashes for illumination normalization ✅ Spec/claims text retrieved (EP0242725)
Sodergard et al. On-line control of the colour print quality guided by the digital page description (22nd IARIGAI Conf., Munich 1993); A system for inspecting colour printing quality (TAGA 1995) Frame-grabbing from the moving web's image area; stroboscopic illumination; CCD camera. Drawback: "color control lacks the necessary precision for high quality color reproduction" As characterized in the '560 (also mirrored in sibling US 6,157,735 / US 6,043,909)
Garini Thin-film measurements using SpectraCube™ (SD Spectral Diagnostics app. note) Spectral imaging by Fourier spectroscopy: "complete visible light spectrum at each pixel" As characterized
Eouzan et al. US 5,231,481 Camera captures image area of a CRT-based projection display; procedures suited to the factory, not the field; no colorimetric calibration disclosed As characterized
Bonino et al. US 5,309,257 Harmonizing outputs of color devices, "primarily video display monitors"; measures V/L (voltage-in vs. luminance-out) for each of the three display channels separately, then adjusts all devices' V/L functions to a commonly achievable maximum; single-channel photometer, not colorimeter As characterized
MCT Metric Color Tag Specification, Rev 1.1d, 1993 (Electronics For Imaging) File-format definition of data for color transforms; not a full distributed-proofing color-transform spec As characterized
ICC International Color Consortium Profile Format v3.01, 1995-05-08 "Profile" data table for color conversion; embeds profiles with image data (large network transfers on update); limited to "scnr"/"mntr"/"prtr" device types As characterized
Holub et al. (inventor's own) Color systems calibration for Graphic Arts, Parts I and II, J. Imag. Technol. 14:47-60 (1988); Holub & Kearsley, SPIE 1184:24-35 (1989); Gordon & Holub, Color Res. & Appl. 18:218-219 (1993); Holub, IS&T 48th Ann. Conf. pp. 449-451 (1995) Instrumentation for device calibration; colorimetrically accurate image capture; rendering transforms for 4-colorant devices; soft-proofing display calibration is stated to be "well known"; press color-to-colorant conversions As characterized; all pre-1996 → §102(b) art even though the inventor's own
Greivenkamp US 4,987,496 + Applied Optics 29:676-684 (1990) Optical low-pass filtering/descreening for imaging colorimetry Cited affirmatively by the '560
Shnitser 1995; Hoyt 1995 AOTF for fast imaging colorimetry (DOC SBIR abstract); Advanced Imaging, Apr. 1995 Electronically tunable spectral filters for colorimetric imaging As characterized
Rose US 5,200,816 Color conversion by neural nets (cited by the '560 for CAM/neural alternatives to polynomial inversion) Number as recited literally in the '560 text
Rock et al. US 4,678,332 "a fiberoptics reformatter having a plurality of fibers ... used for dispersion of the incident beam into its component wavelengths" — recited inside Vincent's own background ⚠ Known to me only through Vincent's citation; I did not read it
Neugebauer US 2,790,844; TAGA 1956 Colorimetric gamut description and color separation aims As characterized
Gallagher 1975 Finite element analysis: fundamentals, pp. 229-240 Rapid color-transform evaluation by interpolation As characterized

Also surfaced by search and squarely on point for the display claims: GB 2,115,175, "Fibre optics head featuring core spacing to block specular reflection" (1983) — ⚠ I verified only the title as it appears in a reference list; I have not read the specification.


3. Claim family 1 — calibrated color-display system (peripheral member; angled non-contact CMI; housing/sensor/optics/control circuitry; computer enabling Virtual Proofing)

Mapping

Reconstructed element Disclosure
First member surrounding display periphery; sensor spaced at an angle so the line of sight does not see specular reflection off the faceplate GB 2,115,175 (fiber-optic head with core spacing to block specular reflection); Karras et al., US 4,466,304 (colorimeter with fiber-optic ring illuminator — 1984, appears in the reference lists of the citing Datacolor patents surfaced in search); monitor hoods/cowls framing a screen were ubiquitous graphic-arts furniture. Eouzan '481 captures display image area by camera
Housing + sensor converting light to electrical signals + optics focusing onto sensor + control circuitry converting to color-representative signals Vincent '518 (spectral filter + linear sensor array + processing); the '560 admits Vincent is a "portable spectral colorimeter"
Computer coupled to display receives the signals and calibrates the display / enables soft proofing Bonino '257 (per-channel V/L measurement and adjustment of monitors); Eouzan '481; Holub et al. 1988 (soft-proofing display calibration described as "well known")

Motivation. The '560's own four-category recitation of prior calibration-device deficiencies — (i) manual measurement prone to operator error, (ii) contact causing scuffing/fingerprints and suction-cup residue on monitors, (iii) operator-performed calibration with black traps and white plaques, (iv) instrument-to-instrument variation defeating remote proofing — supplies the motivation as an admission: each claimed feature (non-contact, angular anti-specular geometry, self-referencing, computer-controlled calibration) is a known engineering response to a known, expressly articulated problem.


4. Claim family 2 — printer-sample measurement (transport mechanism; non-contact optical sensor; fiber-optic probe → spectrograph; spectrograph auto-obtains calibration references)

This is the strongest ground, because the pieces align almost element-for-element across two references.

Reconstructed element Disclosure
Mechanism transporting a sheet rendered by the printer; sensor coupled to the mechanism directed at the sheet Kipphan '721 — printed sheets measured by a measuring head movable relative to the printed sheet by a stepping motor; Chan '332 and Sobol '673 — printed calibration form fed back for measurement; Sodergard — moving web
Mechanism separate from or integrated in the printer Kipphan '721 (print-plant acquisition unit 10 in a closed loop with press 30); Chan/Sobol (print path in the DPS)
Optical sensor; fiber-optic probe coupled to a spectrograph Kipphan '721 expressly: reflected light "couples it into an optical conductor 104 which guides the reflected light to a spectrometer 105"; spectrometer = holographic grating 151 + linear photodiode array 152 + interface/digitizer 153
Spectrograph automatically obtains references for checking its calibration Van Aken remote-reading spectrophotometer: reference-beam fiber optic pickups in the illumination path, reference detectors, polychromator alternately measuring reference and sample on successive lamp flashes, plus discrete-wavelength detectors monitoring the lamp during both flashes; Vincent US 5,144,498 dark-current register and calibration tables

Motivation — and it is the applicant's own words. The '560 states of Kipphan: "Operator override is possible and is necessary when the colorimeter goes out of calibration, since it is not capable of calibration self-check." That single sentence is simultaneously (a) an admission that self-calibration failure was a known problem and (b) a statement of the reason a POSITA would add the reference channels Van Aken already used for exactly that purpose. Under KSR, identifying a known problem and applying a known solution from the same field is the paradigm of obviousness.


5. Claim family 3 — dual-beam spectrograph apparatus (source; 1st fiber illuminates sample; 2nd fiber carries source light to spectrograph input #1; 3rd fiber carries sample light to input #2; sensors on the 1st fiber for calibration check)

Van Aken alone discloses this architecture in substance: an illumination path with a beamsplitter or fiber-optic pickups drawing a reference beam from the illumination; a sample-imaging path; a polychromator with two sequential inputs (reference flash, sample flash); and discrete wavelength detectors (fibers + bandpass + reference detector) monitoring the illumination source — i.e., sensors receiving light from the illumination path whose signals are used to normalize/check the measurement.

Combine with Kipphan '721 (fiber-to-spectrometer packaging in a printing environment) and Vincent '518 (low-cost linearly-variable-filter spectral engine), both in the graphic-arts color field.

Motivation, again admitted: the '560 itself explains the purpose — "the spectrum of light reflected from the unknown sample is compared either simultaneously or successively with the light of the same source reflected from a known reflector. In this way it is possible to separate the spectral contributions of colorants, substrates and illumination sources and to estimate their true functional forms over multiple impressions," citing Van Aken. The specification thus identifies the result the combination achieves and names the reference achieving it; the only remaining question is packaging, which is a routine design choice.


6. Claim family 4 — one-dimensional fiber array with illumination fiber, dark-reference fiber, known-wavelength fiber, and sample fibers; spectrograph output whose reference-fiber portions constitute automatic calibration references

Combination: Rock et al., US 4,678,332 ("fiberoptics reformatter having a plurality of fibers ... for dispersion of the incident beam into its component wavelengths" — recited in Vincent's own background, so the '560 is on notice of it) + Van Aken (reference/dark/illumination normalization channels on the same instrument) + Vincent US 5,144,498 (dark-current register + calibration tables).

Motivation / rationale. The technical reason to put the reference fibers into the same linear array feeding the same spectrograph is that all channels then share one dispersion and one detector-array calibration — i.e., the references calibrate the very dispersion you are relying on, and the dark reference subtracts offset. Placing known-wavelength sources at known array positions provides wavelength-axis registration. That is a predictable arrangement of known elements with a predictable result, and the '560 recites precisely that result ("the part of the line of light ... automatically provide calibration references").

⚠ Weakness. I have not read Rock '332; this ground should be re-verified. If Rock's bundle is only a dispersion reformatter without reference fibers, the ground leans more heavily on Van Aken plus ordinary design choice.


7. Claim family 5 — method of maintaining calibration of a color display (ambient/dark adjustment; neutral balance; per-channel gamma measurement; per-channel adjustment)

Step Disclosure
Adjust screen light when screen is dark to account for ambient light Standard colorimeter dark-offset practice; Vincent US 5,144,498 dark-current register; the '560's own cowl is admitted to "shield the display from most ambient illumination"
Neutral balance; measure gamma in each channel; adjust per measured gamma Bonino '257 — "measurements of the voltage in vs. luminance out relationship are made for each of the three display channels separately and then the V/L functions of all the devices are adjusted to have a commonly achievable maximum"; Eouzan '481 — camera-based closed control of a CRT projection display in operation

Motivation. Harmonizing display appearance is Bonino's express purpose; the '560 admits the baseline skill level: "Calibration of video displays for soft proofing is well known, and discussed by Holub, et al." The '560's criticism of Bonino — that it is photometric, not colorimetric, and that a single-channel photometer cannot verify the equal-primaries assumption — is exactly the kind of gap a POSITA would close by substituting the colorimeter the same field already used (Vincent '518; Eouzan's camera).


8. Where the prior art is weakest — and why that matters

The background art is materially weaker against anything reciting the Virtual Proof data structure (shared components transmitted over the network / local components at each node; color-transform information stored separately from image data; verification-and-revision loop):

  • Vincent '518 "mentions applicability to insuring consistent color across a network, but does not discuss how distributed calibration would be implemented."
  • MCT '93 and ICC v3.01 are file formats, not distributed-production architectures; the '560 notes ICC embeds profiles with image data, "which generates large data transfers over a network whenever profiles are updated," and is not readily extensible beyond three device types.
  • Sodergard teleproofing (1991 TAGA) transmits actual image data and "lacks any provision for calibration or verification of the devices at either end of a link and also lacks the data structures needed to support remote proofing and negotiation of color approval."

A §103 attack on the architecture claims would therefore need a secondary reference beyond the '560's own background (e.g., a networked color-server disclosure) plus an articulated reason to split transform data into shared/local components. Notably, the '560's Summary/Brief Description emphasizes the measurement hardware, which suggests — but does not prove — that the asserted independent claims are apparatus claims aimed at the CMI, not at the network architecture. ⚠ This is a reconstruction-dependent inference and should not be relied on.

Likewise outside the '560's cited background: the forward-model pipeline (untruncated polynomial basis functions fit by SVD; recursive-factorization evaluation; sparse-table interpolation with pre/post-conditioning LUTs; gamut descriptors in hue-angle/chroma/lightness; Newton-Raphson or Simplex inversion; GCR/black-utilization selection) is rich in specific limitations that none of the background references disclose in that combination. If the granted claims recite these, they are individually harder to reach.


9. Motivation to combine — assembled KSR rationales

  1. Common field and common problem. Every reference sits in graphic-arts color measurement/control. The '560 states the objective as uniform appearance of color within each device's attainable gamut — the same objective as Holub et al. 1988/1989 and Neugebauer.
  2. The applicant's own deficiency list is the motivation. Vincent (no self-check; no implemented distributed calibration); Chan/Sobol (desktop/ink-jet orientation; scanner-based; no colorimetric calibration to a device-independent criterion; "No requirements are placed upon the spectral sensitivities of the scanner's RGB channel sensitivities"); Kipphan (no self-check; color bars only, image-area information lost); Sodergard (insufficient precision); Eouzan (factory not field; no colorimetric calibration concept); Bonino (photometric, not colorimetric). Each deficiency maps to a known remedy drawn from another reference in the same list.
  3. Predictable substitution of known elements. Spectrograph for filter colorimeter; fiber-optic pickup for contact head; one-dimensional fiber array for single fiber; motorized transport for manual placement; per-channel gamma adjustment for global V/L matching.
  4. "Obvious to try" design incentives. Automate (reduce operator skill — a stated motivation: "reduction of the level of skill required of the human operator(s)"), non-contact (avoid scuffing), self-calibrate (make "instrument-to-instrument variation" tolerable).
  5. Design choice / adjacent prior art. Monitor hoods and anti-specular fiber geometry (GB 2,115,175; Karras '046) were old; dual-beam reference normalization was textbook analytical instrumentation.

10. Reasons a challenger could nonetheless fail (§ 103 counterweights)

  • No institution on the '560. Consistent with the Litigation summary, the 2019 Adobe IPRs targeted US 7,729,008, 8,416,444, 7,791,761 and 7,312,897 — not the '560 — and I found no IPR against the '560. The '560 was explicitly asserted by number only in the X-Rite case (W.D. Mich. 1:14-cv-00638), which was dismissed by stipulation 2015-03-05. It therefore has essentially no adversarial invalidity record, which cuts against confidence in these grounds as much as for them.
  • Teaching away is unlikely but the references do not urge the combination. The '560's criticisms are "lacks feature X," not "X is undesirable," so KSR is not defeated by them — a point the challenger should press.
  • Secondary considerations. RAH's licensing campaign (X-Rite 2010/2013/2014 license letters; Epson; the MDL defendants) and the portfolio's assertion history could support a commercial-success/non-obviousness narrative — but as a non-practicing entity with no manufacturing, and with licenses taken in settlement rather than as praise, that evidence is routinely discounted. A long-felt-need story is available (Holub himself documented in 1989 that "static calibration proved inadequate" because production equipment changed with time, and the '560 was fielded in 1997), but it is double-edged: the same inventor authored the 1988–1995 publications that state the problem and supply much of the machinery, which weakens "failure of others."
  • Claim-scope risk. If the granted claims are apparatus claims with specific structural interrelationships (the blackened-inner-surface geometry; the exact spatial relation of the reference fibers to the spectrograph input; the shared/local VP split), the reconstructed mappings above may not reach every limitation, and a §103 ground must reach all limitations.

11. Illustrative grounds (⚠ reconstructed claims only — do not file or opine on these)

# Ground Target claim family References Core reason
1 §103 Printer CMI (transport + fiber probe + spectrograph + auto-references) Kipphan '721 + Van Aken + Vincent '518 (+ Chan '332 / Sobol '673 for the transport & closed loop) Kipphan supplies fiber→grating/array spectrometer and motorized sheet handling; Van Aken supplies automatic reference/dark/illumination-normalization channels on the same instrument; the '560 admits Kipphan "is not capable of calibration self-check" — the exact problem Van Aken solves
2 §103 Dual-beam spectrograph apparatus Van Aken + Kipphan '721 + Vincent '518 Same-source reference path + sample path to one polychromator; the '560 recites the benefit as the reason
3 §103 1-D fiber-array self-referenced spectrograph Van Aken + Rock '332 + Vincent US 5,144,498 Reference/dark/known-wavelength channels in one array feed one spectrograph so all channels share dispersion and detector calibration (⚠ Rock unverified)
4 §103 Display CMI system Eouzan '481 + Bonino '257 + Vincent '518 + GB 2,115,175 Non-contact angled pickup in a screen-framing member; computer-controlled display calibration
5 §103 Display-calibration method Bonino '257 + Eouzan '481 + Vincent '518 Per-channel V/L measurement and adjustment; dark reading for ambient; the '560 admits display soft-proof calibration "is well known"
6 §103 (weaker) VP / networked transform distribution ICC '95 / MCT '93 + Vincent '518 + Sodergard teleproofing + Chan or Sobol Requires a secondary reference and an articulated reason to split shared/local transform components — the specification's distinctions here are substantive

12. Bottom line

  • On the hardware-side claims (Claim families 1–5 as reconstructed), the '560 looks vulnerable to §103, principally because the specification itself (a) names each reference, (b) states the deficiency of each, and (c) states the benefit of the very feature that cures it — the classic KSR posture. The single best ground is Kipphan '721 + Van Aken + Vincent '518, with Chan '332/Sobol '673 supplying the transport and closed-loop motivation.
  • On any claim reciting the Virtual Proof shared/local data structure or the specific forward-model/inversion pipeline, the '560 is much stronger on this record, because the background art the patent itself cites does not reach those features and the specification's distinctions (ICC embedding profiles with image data; MCT's incompleteness; Sodergard's lack of calibration/data structures) are technically substantive.
  • Confidence is capped by two facts: the granted claims were unavailable to me, and the '560 has never been subjected to an instituted IPR. Both the mapping and the ground selection should be re-run against the actual claim set before any reliance.

Key sources: authoritative '560 text supplied (patents.google.com/patent/US7710560/en); US 5,107,332; US 5,185,673; US 5,182,721; US 5,272,518 and US 5,144,498; Van Aken et al. remote-reading spectrophotometer (EP 0 242 725 A2); sibling-family texts US 6,157,735 / US 6,043,909 / US 2005/0233763 / US 7,075,643 (which reproduce the identical background section, including the ICC, MCT, Eouzan, Bonino, Kipphan, Sodergard and Van Aken characterizations); PTAB petition paper listing US 5,185,673 (ptacts.uspto.gov, Petition 1523316).

Generated 9/27/2026, 11:25:10 PM

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