Microsoft prevails in 3D medical imaging tech dispute
The Federal Circuit upholds a ruling in favour of Microsoft against an Orlando tech company | Dispute concerned 3D medical imaging technology | Court affirms PTAB’s decision to invalidate most of the patent.
Microsoft has won a ruling against a tech company related to three-dimensional (3D) medical imaging.
The US Court of Appeals for the Federal Circuitupheld an appeal board’s decision from 2022 in favour of Microsoft in its dispute with D3D Technologies.
Microsoft initiated the case by filing an inter partes review against claims of a patent owned by D3D Technologies (US patent number 9,980,691).
The dispute centred on technology that could provide 3D viewing of images, protected under the ’691 patent.
Led by David and Robert Douglas, the Florida-headquartered company specialises in developing advanced imaging technologies, particularly in the field of 3D imaging.
During the inter partes review, D3D challenged a final written decision by the Patent Trial and Appeal Board (PTAB).
This decision was upheld yesterday (April 3) by senior circuit judge Alvin Schall and judges Sharon Prost and Jimmie Reyna, who found most of D3D’s patent invalid.
PTAB found claims obvious
The PTAB, in its final written decision, found these claims to be obvious based on the combination of prior art references, Acosta and Tomoda (US patent publication numbers 2006/0279569 and 2004/0059214).
Acosta explains a technique to analyse 3D data sets using a “3D sampling probe”, which represents a smaller part of a larger 3D volume, and which can be used in the medical field to analyse image data from CAT scans or MRI procedures.
Tomoda explains a method and device for handling multiple images using a 3D ‘region of interest’ specification tool.
The PTAB found that Acosta covered elements of claim 1, leaving one element at issue—this involved selecting parts of 2D radiological images that match the volume of the 3D cursor for more processing.
Microsoft claimed that combining Acosta and Tomoda made this element obvious.
However, D3D argued that Microsoft's petition didn't properly support this claim, mainly relying on Tomoda.
Despite D3D’s objections, the PTAB upheld its decision.
D3D’s appeal
In its appeal, D3D argued that the board violated the Administrative Procedure Act by ruling claim 1 of the ’691 patent as obvious based solely on Acosta, a theory not initially presented in Microsoft’s petition.
The Orlando-based tech company asserted that Microsoft's petition focused on the combination of Acosta and Tomoda, rather than Acosta alone.
However, Microsoft argued that the board had the discretion to interpret the petition, arguing that Acosta alone covered the necessary “selecting” part of the claim.
According to Microsoft, the petition showed that Acosta’s probe selection matched the required element.
The Court of Appeals affirmed the PTAB’s decision, ruling that the board’s focus on Acosta did not depart from arguments presented in Microsoft’s petition.
Case background
In September 2020, D3D Technologies filed a lawsuit against the tech giant alleging patent infringement related to its three-dimensional imaging technology in the US District Court for the Middle District of Florida.
D3D accused Microsoft of patent infringement of four patents concerning its products, including the HoloLens augmented reality headset.
D3D claimed to be the rightful owner of the ’691 patent and asserted that Microsoft’s HoloLens 1, HoloLens 2, and Integrated Visual Augmentation System infringe its patent.
The firm also alleged that it made multiple attempts to engage with Microsoft to explore potential collaborations involving its patented technology.
Despite expressing interest, Microsoft reportedly did not respond to D3D’s overtures.
D3D Technologies was represented by Tarek Fahmi from Ascenda Law Group.
Microsoft was represented by Sarah Jack, Nitika Gupta Fiorella, Aamir Kazi from Fish & Richardson, and Betty Chen from Desmarais.
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