PTAB

IPR2015-00333

FarMedHere LLC v. Just Greens LLC

Key Events

Petition

petition Intelligence

Title: Method and Apparatus for Aeroponic Farming
Brief Description: The ’992 patent relates to a system and method intended to enhance the efficiency of aeroponic farming. The disclosed invention involves depositing seeds onto a cloth material, preferably a micro-fleece, which is then placed within a growth chamber where it receives light and a sprayed nutrient solution to facilitate plant growth.

Prior Art Relied Upon: The Biocontrols Website (www.biocontrols.com), as it existed prior to the patent's critical date.
Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued that the Biocontrols Website, a publicly available resource for aeroponic growing, disclosed every limitation of the challenged claims. The website described the "Genesis" aeroponic growth chamber, which utilized various cloth-like growth substrates named "Seed-Pads," "Aero-Pads," and "Aero-Nets" made from materials including plastic-coated nylon fibers and degradable cellulose. Petitioner contended these substrates met the "cloth material" limitation. The website further disclosed depositing seeds onto these substrates, placing them in a growth chamber, applying a nutrient solution via spray nozzles, and using light to promote the growth of plants like lettuce, thereby teaching all elements of the independent claims.

Prior Art Relied Upon: The Genesis Descriptions (the Biocontrols Website and the Genisis Catalog), Schroder (European Patent No. 04403381), and the German Text (a textbook describing Schroder's work).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner asserted that the Genesis Descriptions disclosed a complete aeroponic system using a "poly fiber cloth seed support sheet." The challenged dependent claims require the cloth material to be a "fleece" or "micro-fleece." The Schroder references taught using "polyester fiber fleece" as a successful growth medium in soilless hydroponic cultivation.
- Motivation to Combine: A Person of Ordinary Skill in the Art (POSITA) reviewing the Genesis system, which used a polyester fiber sheet, would be motivated to consult other soilless cultivation literature like Schroder to identify alternative and potentially superior cloth substrates. The well-documented success of Schroder's fleece would make it an obvious material to substitute into the Genesis aeroponic system.
- Expectation of Success: Given that both the Genesis sheet and Schroder's fleece were polyester-based materials used for the same purpose of soilless plant support, a POSITA would have a reasonable expectation that Schroder’s fleece would function effectively in the Genesis aeroponic chamber. This modification would be seen as a predictable solution to optimize the system using known materials.

Prior Art Relied Upon: Sparkes (Patent 5,515,648).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued that the Sparkes patent, which discloses a soilless growing apparatus, taught every element of the challenged claims. Sparkes described an aeroponic system that provides water and nutrients via a "sustained mist" to plants held in a growth chamber. Critically, Sparkes disclosed using a variety of growth substrates to support seeds and plants, including "fiberglass cloth" and a "mat," which Petitioner contended satisfy the "cloth material" limitation. The reference further taught that the substrate absorbs the sprayed nutrient solution, is exposed to the air, and inhibits light from reaching the plant roots, while a light source provides illumination from above to promote growth.
Additional Grounds: Petitioner asserted additional obviousness challenges based on the Biocontrols Website combined with common sense; "The Best of the Growing Edge" publication combined with the German Text; and Sparkes combined with common sense, relying on similar theories of substituting known cloth materials and implementing predictable design choices.

"Cloth Material": Petitioner proposed the construction "a flexible material constructed from solutions, fibers, yarns, or fabrics, in any combination." This broad interpretation was central to all grounds, as it allowed prior art disclosures of materials like nylon nets (Biocontrols), cellulose pads (Biocontrols), polyester fiber sheets (Genisis Catalog), and fiberglass cloth (Sparkes) to be considered "cloth material." Petitioner argued this construction was consistent with technical literature and necessary because the patent owner overcame prior art during prosecution by arguing that the art did not teach using a "cloth material."

Petitioner requests institution of an inter partes review (IPR) and cancellation of claims 1, 13-23, 30, 32-36, 39-45, 47, and 49-50 of the ’992 patent as unpatentable.