UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD SPACE EXPLORATION TECHNOLOGIES CORP., Petitioner, v. BLUE ORIGIN LLC, Patent Owner. Case IPR2014-01376 Patent 8,678,321 B2. Paper 6
"Space Exploration Technologies Corp. ("SpaceX") filed a Petition ("Pet.") for inter partes review of U.S. Patent No. 8,678,321 B2 ("the '321 patent"). The Petition challenges the patentability of claims 14 and 15 of the '321 patent on the ground of obviousness under 35 U.S.C. 103.1 Blue Origin LLC, the owner of the '321 patent, did not file a Preliminary Response to the Petition."
"IV. CONCLUSION Because the challenged claims are not amenable to construction, we are unable to reach a determination on the reasonable likelihood of SpaceX prevailing on the prior art ground asserted in the Petition.
V. ORDER For the foregoing reasons, it is ORDERED that the Petition is denied."
Keith's note: The title of this post is taken directly from words and statements used in the USPTO decision. Read the document. As best as I can figure this legal mumbo jumbo out, everyone involved is confused about what the patent claims and whether it can be challenged - and if so, how. Yet the SpaceX Internet fan boys are all over social media chastising non-believers and saying that this is a big win for SpaceX while others are saying that its a win for Blue Origin. Indeed, sources inside SpaceX now say that this decision is good for them.
If SpaceX thinks that this decision is good for them - and they want people to know that this is good for them - then they need to put out a statement that says so. Expecting the Internet to figure it out - clearly and accurately - and then tell the world - is not going to work.
Keith's update: But wait. There's more. There is another USPTO document (see excerpt below) that just fell out of cyberspace into my inbox wherein USPTO agrees with claims made by SpaceX. Taken together these two documents are not a formal decision for - or against - Blue Origin/SpaceX. The patent is still the patent and more lawyers will need to weigh in before anyone changes anything in that patent - if anything is ever changed. My point still stands with regard to letting Internet chatter suffice for statements by the actual parties to this dispute (SpaceX and Blue Origin) and I await their responses/non-responses.