from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. IPR2014-01122.
R. Brown, Hovey Williams LLP, Overland Park, KS, argued for
appellant. Also represented by Matthew B. Walters.
F. Meyer, Locke Lord LLP, New York, NY, argued for appellees.
Also represented by JOSEPH Anthony Farco; Charles Baker,
LOURIE, MOORE, and TARANTO, Circuit Judges.
present appeal arises from an inter partes review
("IPR") involving Zhongshan Broad Ocean Motor Co.
Ltd., Broad Ocean Motor LLC, and Broad Ocean Technologies,
LLC (collectively "Broad Ocean") and Nidec Motor
Corp. ("Nidec"). Broad Ocean petitioned for IPR of
claim 21 of Nidec's U.S. Patent No. 7, 208, 895 (the
"'895 patent"). The Patent Trial and Appeal
Board (the "Board") instituted the IPR and found
that claim 21 was anticipated by U.S. Patent No. 5, 569, 995
("Kusaka"). Nidec appeals that decision to our
court. Because the Board's decision is not supported by
substantial evidence, we reverse.
'895 patent discloses a system for controlling the torque
of an electromagnetic motor. Figure 1 illustrates its basic
operation. Controller 110 receives various inputs, including
torque demand and rotor position/speed. '895 patent at
2:24-30. The output of the controller is input into drive
108, which outputs three energizable phase windings 106A,
106B, and 106C to the motor. Id. at 2:16-22. Each
winding wraps around the motor 101, which comprises stator
102 and rotor 104. Id. at 2:14-16.
control values can be expressed relative to two different
frames of reference: the stationary frame of reference and
the rotating frame of reference. The stationary frame of
reference calculates values relative to the position of the
stator. For example, voltages 106A-C in Figure 1 are
expressed in the stationary reference frame. Id. at
3:21-25. The rotating frame of reference calculates values
relative to the position of the rotor. In the rotating frame
of reference, the d-axis is aligned with the rotor, and the
q-axis is offset by 90 degrees. A signal in the rotating
frame of reference contains both q-axis and d-axis
2 provides a more detailed description of the operation of
the controller. The dispute in this case centers on the
vectorize block 212. The inputs to the vectorize block are
reference currents IQr demand 208 and Idr demand 209. The IQr
and Idr demand signals are "concatenated" in
vectorize block 212 to produce IQdr demand signal 214.
Id. at 3:3-13.
at Fig. 2. Claim 12, from which challenged claim 21 depends,
requires “combining the IQr demand and the dr axis
injection current [Idr] demand to produce an IQdr
demand." Id. at 10:1-16. The Board construed
(1) "IQr demand" as "Q-axis demand
current;" (2) "dr-axis injection current
demand" as "d-axis injection current;" and (3)
"IQdr demand" as "a current demand that
includes Q-and d-axis current demands." J.A. 14. Neither
party challenges these constructions on appeal.
Board found Kusaka anticipates claim 21 of the '895
patent. Kusaka is a patent assigned to Toyota that discloses