Context: TVision Insights, Inc. petitioned for inter partes review (IPR) of U.S. Patent No. 11,470,243 (“Methods and Apparatus to Capture Images”), owned by The Nielsen Company (US), LLC, challenging 14 claims covering audience-measurement systems that use cameras to detect and identify television viewers. Nielsen disclaimed the three challenged independent claims, and the Patent Trial and Appeal Board (PTAB) instituted review of the remaining 11 dependent claims, ultimately finding them all unpatentable as obvious over prior-art combinations that included a scientific paper on facial-expression analysis by Ying-li Tian. Nielsen appealed to the United States Court of Appeals for the Federal Circuit, disputing only the Board’s treatment of the Tian paper as so-called analogous prior art.
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Court and counsel
Federal Circuit panel: Judge Timothy B. Dyk (writing), Judge Jimmie V. Reyna, and Chief District Judge Cathy Bissoon of the U.S. District Court for the Western District of Pennsylvania, sitting by designation.
Counsel for appellant Nielsen: Erise IP, P.A.’s Clifford T. Brazen and Jennifer C. Bailey.
Counsel for appellee TVision: Sheppard Mullin Richter & Hampton LLP’s Christopher Scott Ponder, Harper Batts, and Jeffrey Liang.