Causam Enterprises, Inc. v. Ecobee Technologies Ulc

United States Court of Appeals
for the Federal Circuit
______________________
CAUSAM ENTERPRISES, INC.,
Appellant
v.
ECOBEE TECHNOLOGIES ULC,
Appellee
______________________
2024-1958
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2022-
01339.
______________________
Decided: October 15, 2025
______________________
WAYNE MICHAEL HELGE, Bunsow De Mory LLP, Alex-
andria, VA, argued for appellant. Also represented by
J AMES T HOMAS WILSON.
J USTIN J. O LIVER , Venable LLP, Washington, DC, ar-
gued for appellee. Also represented by MANNY C AIXEIRO,
Los Angeles, CA; STEVEN M. L UBEZNY , Law Office of Ed-
ward H Rice, LLC, Northbrook, IL.
______________________
Before T ARANTO, CHEN, and STOLL , Circuit Judges.
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 2
T ARANTO, Circuit Judge.
Causam Enterprises, Inc. is the recorded owner of U.S.
Patent No. 10,394,268, titled “Method and Apparatus for
Actively Managing Consumption of Electric Power over an
Electric Power Grid,” which contains nineteen claims.
ecobee Technologies ULC successfully petitioned the
United States Patent and Trademark Office (PTO) to insti-
tute an inter partes review (IPR), under 35 U.S.C. §§ 311–
19, of all claims but claim 12 of the patent, alleging obvi-
ousness. The PTO’s Patent Trial and Appeal Board (Board)
held each challenged claim unpatentable for obviousness
under 35 U.S.C. § 103. Final Written Decision, ecobee
Technologies ULC v. Causam Enterprises, Inc., IPR2022-
01339 (P.T.A.B. Mar. 19, 2024); J.A. 1–78.
Causam now appeals the Board’s decision. Causam
first challenges the Board’s failure to decide whether
Causam owns the ’268 patent (which Causam insists it
does) after ecobee, though not challenging Causam’s own-
ership in this IPR, challenged Causam’s ownership in a
proceeding before the International Trade Commission
(ITC) involving the ’268 patent. (The result of the ITC pro-
ceeding is before us in Causam Enterprises, Inc. v. Interna-
tional Trade Commission, No. 23-1769 (Causam v. ITC),
decided today. ––– F.4th ––– (Fed. Cir. 2025).) Causam’s
argument is that the Board thereby denied due process to
whoever ecobee (but not Causam) suggests is the true
owner. Causam also presents one argument of error on the
merits of the unpatentability ruling, contending that the
Board incorrectly construed a claim limitation common to
all challenged claims. We first hold that Causam has con-
stitutional standing to bring this appeal. We then hold
that the Board committed no reversible error on either of
the two grounds raised by Causam. Accordingly, we affirm.
I
The ’268 patent addresses techniques for “actively con-
trolling [electric] power load management for individual
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 3
customers” and related tasks, such as “tracking power sav-
ings.” ’268 patent, col. 1, lines 26–32. In particular, it de-
scribes “demand response load management programs.”
Id., col. 1, line 44; id. at lines 43–55. In a description not
challenged here, “demand response” refers to the adjust-
ment of electricity consumption (demand) in response to
changes in electricity prices or to incentive payments for
power reduction (offered to customers by the power sup-
plier because, e.g., its costs are high or system reliability is
jeopardized). J.A. 699 n.3. One type of demand response
functionality, and the focus of the ’268 patent, involves ac-
tion by the power supplier (utility) itself—shutting off cus-
tomers’ appliances during periods of peak electricity use.
’268 patent, col. 1, lines 43–55; see id. at col. 6, lines 48–65.
Claim 1 of the ’268 patent is representative for present
purposes:
1. A method for managing an electric power flow
within an electric power grid, comprising:
[1a] a client device receiving a power control mes-
sage from a load management server, the power
control message indicating at least one of an
amount of electric power to be reduced and an iden-
tification of at least one controllable device to be in-
structed to disable the electric power flow to at
least one associated power consuming device;
[1b] the client device issuing a power management
command to the at least one controllable device, the
power management command causing the at least
one controllable device to disable the electric power
flow to the at least one associated power consuming
device to provide a reduction in consumed power;
and
[1c] generating measurement and verification
data corresponding to the reduction in con-
sumed power.
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 4
Id., col. 22, line 56 through col. 23, line 5 (emphasis added).
Primarily at issue is the highlighted language, “generating
measurement and verification data corresponding to the
reduction in consumed power.” Id., col. 23, lines 4–5 (em-
phasis added).
In July 2022, ecobee filed a petition for IPR, challeng-
ing claims 1–11 and 13–19 of the ’268 patent as claiming
methods and systems that are unpatentable due to obvi-
ousness. J.A. 260, 265. ecobee alleged that all challenged
claims would have been obvious as of the priority date of
the ’268 patent in view of U.S. Patent Application
No. 10/628,644 (Ehlers), or in view of Ehlers combined with
U.S. Patent Application No. 10/662,940 (Chen). J.A. 265;
see also J.A. 1168, 2654. The Board, acting for the PTO’s
Director, instituted the requested review in March 2023.
J.A. 544.
Following institution, Causam contended that the
Board could not properly consider ecobee’s petition because
of an ownership issue. ecobee named Causam as the “pa-
tent owner” in the caption of its petition, J.A. 256, and ex-
plained that the ’268 patent had “a recorded assignment”
to Causam and that Causam “is the party asserting the pa-
tent[],” while noting that “the ownership of the ’268 patent,
including whether certain other assignments are valid, is
in dispute,” J.A. 260 & n.1. Causam did not doubt that it
was actually the patent owner, or that it had been named
and served with copies of the petition, as required by 35
U.S.C. § 312(a)(2) and (a)(5). But it pointed to ecobee’s as-
sertion in a pending ITC case that the patent had been as-
signed to someone else, and it argued that ecobee should be
held to have conceded, by virtue of its position in the ITC,
that the proper owner was not named and not provided cop-
ies of the petition—a posited concession with which
Causam disagreed. J.A. 743–45. In the present IPR, nei-
ther ecobee nor Causam has asserted that Causam does not
own the ’268 patent before the Board or in this appeal. On
the patentability issue, Causam maintained that Ehlers, or
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 5
Ehlers in view of Chen, did not disclose claim limitation
[1c]. J.A. 709.
On March 19, 2024, the Board issued its final written
decision, holding all challenged claims to be unpatentable
under 35 U.S.C. § 103 for obviousness over Ehlers or, in the
alternative, over Ehlers in view of Chen. J.A. 1–2, 75–76.
The Board additionally found that it could properly con-
sider the IPR petition because Causam asserted ownership
of the ’268 patent and ecobee complied with the statutory
service requirements by serving Causam, the patent owner
of record. J.A. 4–5; see 35 U.S.C. § 312(a)(5). The Director
denied review on April 11, 2024. See J.A. 108. Causam
timely appealed on June 12, 2024. ECF No. 1. We have
jurisdiction under 28 U.S.C. § 1295(a)(4)(A).
II
We must first address Causam’s constitutional stand-
ing to appeal. Luca McDermott Catena Gift Trust v. Fruc-
tuoso-Hobbs SL, 102 F.4th 1314, 1322–23 (Fed. Cir. 2024).
“To demonstrate Article III standing to pursue its appeal,
a party invoking the Article III judicial power ‘must have
already suffered or be imminently threatened with a con-
crete, particularized injury, that is fairly traceable to the
challenged conduct, and that is likely to be redressed by a
favorable court ruling.’” Oman Fasteners, LLC v. United
States, 125 F.4th 1068, 1079 (Fed. Cir. 2025) (quot-
ing Shenyang Yuanda Aluminum Industry Engineering
Co. v. United States, 918 F.3d 1355, 1364 (Fed. Cir.
2019)); see Spokeo, Inc. v. Robins, 578 U.S. 330, 338
(2016); Already, LLC v. Nike, Inc., 568 U.S. 85, 90
(2013); Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–
61 (1992). Causam, the party invoking an Article III
court’s jurisdiction, bears the burden of establishing stand-
ing. Lujan, 504 U.S. at 561; Dolby Laboratories Licensing
Corp. v. Unified Patents, LLC, 138 F.4th 1363, 1366 (Fed.
Cir. 2025); Phigenix, Inc. v. Immunogen, Inc., 845 F.3d
1168, 1171 (Fed. Cir. 2017). The constitutional
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 6
requirement must be met in this court even though it did
not have to be met before the agency, where Article III does
not apply. See Luca McDermott Catena, 102 F.4th at 1322;
Shenyang Yuanda, 918 F.3d at 1365; Consumer Watchdog
v. Wisconsin Alumni Research Foundation, 753 F.3d 1258,
1261 (Fed. Cir. 2014).
A party invoking Article III jurisdiction must demon-
strate its standing “in the same way as any other matter
on which [it] bears the burden of proof.” Phigenix, 845 F.3d
at 1172 (internal quotation marks and citation omitted).
The constitutional requirement “turns on the facts deter-
mined in court, as appropriate to the procedural stage of
the decision at issue.” Shenyang Yuanda, 918 F.3d at 1365;
see Lujan, 504 U.S. at 561; Salmon Spawning & Recovery
Alliance v. U.S. Customs & Border Protection, 550 F.3d
1121, 1131 n.9 (Fed. Cir. 2008)). For example, the facts
relevant to standing in a district court are identified differ-
ently at the pleading, summary-judgment, and judgment-
after-trial stages. See Lujan, 504 U.S. at 561.
This court, following other circuits, has identified how
to proceed when an appeal comes to us from an agency rul-
ing in a proceeding like an IPR—where there may be no
findings or even a record of the facts needed to establish
Article III standing because Article III does not apply in
that proceeding. See Phigenix, 845 F.3d at 1170–73; Shen-
yang, 918 F.3d at 1365. Specifically, we have adopted an
approach articulated by the D.C. Circuit in Sierra Club
v. Environmental Protection Agency, 292 F.3d 895, 899
(D.C. Cir. 2002), and followed in other circuits. We have
held that the burden of production for an appellant from an
administrative adjudication is “the same as that of a plain-
tiff moving for summary judgment in the district court.”
Phigenix, 845 F.3d at 1172–73 (quoting Sierra Club, 292
F.3d at 899); see National Organization of Veterans’ Advo-
cates, Inc. v. Secretary of Veterans Affairs, 981 F.3d 1360,
1368, 1370 (Fed. Cir. 2020) (en banc). That burden re-
quires an appellant to “either identify . . . record evidence
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 7
sufficient to support its standing to seek review or, if there
is none because standing was not an issue before the
agency, submit additional evidence to the court of appeals.”
Sierra Club, 292 F.3d at 899; see Phigenix, 845 F.3d at
1172–73. In this case, we need not elaborate on steps in a
standing analysis that may come after the production bur-
den is met.
Here, the only issue bearing on Article III standing con-
cerns Causam’s ownership of the ’268 patent; and if the ev-
idence of Causam’s ownership is sufficient under the
above-stated standard, Causam has Article III standing to
challenge the Board’s holding that the claims are unpatent-
able. The record evidence meets the governing standard.
Causam is the assignee of record for the ’268 patent.
J.A. 79. Causam “unequivocally identifie[d]” itself to the
Board as the owner of the ’268 patent. J.A. 4. And Causam
has insisted in its briefing and in arguments that it owns
the ’268 patent. See Oral Arg. at 2:18–2:28, available at
https://www.cafc.uscourts.gov/oral-arguments/24-1958_09
032025.mp3. No contrary evidence of record concerning
ownership has been presented or pointed out to us. The
evidence, if unanswered (as it is), would entitle Causam to
a determination on summary judgment that it is the patent
owner.1 Causam thus has standing to appeal the Board’s
unpatentability ruling, which, if it becomes final, will lead
1 In Causam v. ITC, we today hold that the patent-as-
signment evidence in that matter establishes that Causam
owns the ’268 patent, contrary to the determination of the
ITC’s administrative law judge (the Commission took no
position on the issue). Causam v. ITC, slip op. at 8–14, ––
– F.4th at ––– – –––. ecobee was a party before the Com-
mission and is a party in the appeal from the Commission
ruling.
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 8
to cancellation of all claims of the ’268 patent but claim 12,
see 35 U.S.C. § 318(b).
III
A
Causam’s first argument on appeal is that the Board
committed a constitutional error by not “making any find-
ings on the proper owner of the ’268 patent”—specifically,
that the failure to resolve ownership denied someone else
(the person that ecobee but not Causam contends is the ac-
tual owner) notice of the proceeding, denying that person
due process. Opening Br. at 27–28. The right to assert that
due process violation, however, does not belong to Causam,
but to whoever might be the claimed true owner of the ’268
patent. “[L]itigants typically lack standing to assert the
constitutional rights of third parties.” United States
v. Hansen, 599 U.S. 762, 769 (2023); see also Kowalski
v. Tesmer, 543 U.S. 125, 129 (2004) (“[A] party ‘generally
must assert his own legal rights and interests, and cannot
rest his claim to relief on the legal rights or interests of
third parties.’” (quoting Warth v. Seldin, 422 U.S. 490, 499
(1975))). In limited circumstances where certain close re-
lationships exist between the litigant and the right-holder
that align their interests, the former is permitted to assert
the rights of the latter. Kowalski, 543 U.S. at 129–30. But
those circumstances do not exist here. Causam, far from
being aligned with the person whose right to notice was as-
sertedly violated, is actually adversarial to that person:
Causam claims that it, not anyone else, is the sole owner of
the patent.
In addition, Causam never squarely asked the Board to
determine the identity of the true owner of the patent. Ra-
ther, it merely contested institution of the IPR on the the-
ory that ecobee should be taken to have conceded
(incorrectly, in Causam’s view) that someone other than
Causam was the true owner, a concession that, if accepted,
would mean that the requirements of 35 U.S.C. § 312 were
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 9
not met. See J.A. 743. That position did not call on the
Board actually to decide ownership at all.2
B
On the patentability merits, Causam argues that the
Board improperly construed claim limitation [1c]—“gener-
ating measurement and verification data corresponding to
the reduction in consumed power”—when it concluded that
the limitation “encompasses both actual measurements of
savings and estimates of savings based on device power us-
age measured before a demand reduction event.” J.A. 27
(emphasis added). Causam argues that the limitation,
properly construed, requires that the generation of meas-
urement and verification data occur during the demand
2 In this court, Causam presents, regarding ownership,
only a constitutional argument, seeking to avoid the bar on
review of institution decisions stated in 35 U.S.C. § 314(d).
See Cuozzo Speed Technologies v. Commerce for Intellec-
tual Property, 579 U.S. 261, 266 (2016) (noting that case
did not present a constitutional challenge); Apple Inc. v. Vi-
dal, 63 F.4th 1, 7 (Fed. Cir. 2023) (same). The third-party-
standing rule discussed in text above might well defeat any
attempt by Causam to make a purely statutory argument
that 35 U.S.C. § 312 requires naming and serving a person
the petitioner believes (incorrectly in Causam’s view) to be
the patent owner—rather than a person who actually is the
patent owner. And such an argument based on an inter-
pretation of section 312 would also present a serious issue
of unreviewability under section 314(d). See Cuozzo, 579
U.S. at 274–75 (holding a challenge invoking section 312
unreviewable); Thryv, Inc. v. Click-To-Call Technologies,
LP, 590 U.S. 45 (2020) (holding a challenge invoking sec-
tion 315 unreviewable); ESIP Series 2, LLC v. Puzhen Life
USA, LLC, 958 F.3d 1378, 1385–86 (Fed. Cir. 2020) (hold-
ing a challenge invoking section 312’s requirement to name
real parties in interest unreviewable).
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 10
response event. Opening Br. at 34; see J.A. 26. Causam’s
contention that the Board erred regarding the prior art de-
pends on Causam’s claim-construction challenge. See
Opening Br. at 39–43. We reject that challenge.
“We review the Board’s legal determinations de novo
and the Board’s factual findings for substantial-evidence
support.” Yita LLC v. MacNeil IP LLC, 69 F.4th 1356,
1363 (Fed. Cir. 2023). “Claim construction is ultimately a
question of law, decided de novo on review, as are the in-
trinsic-evidence aspects of a claim-construction analysis.”
Intel Corp. v. Qualcomm Inc., 21 F.4th 801, 808 (Fed. Cir.
2021). While there is “‘no magic formula . . . for conducting
claim construction,’” the “[c]laim language and the specifi-
cation (written description) are the dominant sources of in-
terpretation[.]” Id. at 809 (quoting Phillips v. AWH Corp.,
415 F.3d 1303, 1324 (Fed. Cir. 2005) (en banc)).
The language of limitation [1c] does not support
Causam’s narrow construction. The claim itself simply
does not provide any indication that the “measurement and
verification” component is temporally restricted to being
performed during a demand response event. In particular,
as the Board concluded, the requirement that measure-
ment and verification data “correspond[] to the reduction
in consumed power” does not constrain such measurement
to any specified time. J.A. 26.
Causam’s proposed construction also would produce
the disfavored result of “exclud[ing] embodiments disclosed
in the specification.” Google LLC v. EcoFactor, Inc., 92
F.4th 1049, 1058 (Fed. Cir. 2024) (internal quotation
marks and citation omitted). For example, in a passage the
Board identified in its final written decision, the specifica-
tion describes a power management system as follows:
The power management system determines the
amount of steady-state power each device con-
sumes when turned on and logs the information in
a database for each subscriber. For example, a
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 11
current sensor on each smart appliance or within
each smart breaker may measure the amount of
current consumed by each monitored device. An
active load client then multiplies the amount of
current consumed by the operating voltage of
the device to obtain the power consumption,
and transmits the power consumption to the [active
load director] server. When the serving utility
needs more power than it is currently able to
supply, the power load management system auto-
matically adjusts the power distribution by turn-
ing off specific loads on an individual subscriber
basis. Because the amount of power con-
sumed by each specific load is known, the sys-
tem can determine precisely which loads to turn off
and tracks the power savings generated by each
customer as a result of this short-term outage.
’268 patent, col. 7, lines 11–27 (emphases added). In that
embodiment, the power management system makes power-
saving adjustments during periods of high consumption
based on “known” power-consumption loads. Id., col. 7, line
24. The “known” power-consumption loads are estimates,
obtained by measuring currents and multiplying them by
the operating voltages of the devices. Id., col. 7, lines 14–
19. The embodiment uses measurements known before any
demand response event occurs. Id., col. 7, lines 23–27.
That embodiment undermines the proposal to restrict lim-
itation [1c] to exclude the use of estimated measurements
taken before a demand response event.
The description of another embodiment of the ’268 pa-
tent points in the same direction. Specifically, the patent
describes using an average measurement of power con-
sumption instead of a measurement of power consumption
during the demand response event (referred to as a “Cut”
event). The specification describes how a
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CAUSAM ENTERPRISES, INC. v. ECOBEE TECHNOLOGIES ULC 12
power savings application [ ] receives [ ] an “Event
Ended” or equivalent transaction message . . . each
time a “Cut” or power savings event has ended.
The power savings application [ ] then accesses [ ]
the . . . database [ ] for each active load client [ ] in-
volved in the “Cut” event. The database record for
each active load client [ ] contains the actual
amount (or average amount) of power that
would have been used by the active load client
[ ] during the last “Cut” event, along with the
amount of time that each controllable device [ ] as-
sociated with the active load client [ ] was turned
off.
’268 patent, col. 21, lines 42–53. (emphases added). This
embodiment does not require a measurement during a de-
mand response event. Instead, in this embodiment, a
measurement is taken after the power savings event is over
by accessing a database to find an actual or average power
consumption that would have been used during the de-
mand response. Id., col. 21, lines 46–51. We see no reason
to adopt a temporal limit on the generation of measure-
ment and verification data given this disclosure.
Based on the language of the claim and the disclosures
within the ’268 patent, we see no error in the Board’s con-
struction of limitation [1c]. The Board’s determination of
obviousness thus rests on a sound construction of claim 1.
And Causam makes no meaningful challenge to the obvi-
ousness determination independent of its claim-construc-
tion challenge.
IV
The decision of the Board is affirmed.
The parties shall bear their own costs.
AFFIRMED
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