“Hafeman primarily argues that the CAFC ‘overlooked or misapprehended the relationship among the words of the complete limitation’ and that the decision cannot be reconciled with the en banc holding in Phillips v. AWH Corp.”
Carrie Hafeman, an independent inventor who has been fighting a years-long patent battle against Google and Microsoft, has filed a petition for rehearing or rehearing en banc of the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) June 2026 precedential decision affirming Patent Trial and Appeal Board (PTAB) decisions invalidating all claims of three of her patents. Hafeman is pursuing her case pro se after her attorneys recently withdrew.
In June, the CAFC affirmed the decisions and also dismissed Hafeman’s argument that the inter partes reviews (IPRs) should have been terminated based on the district court’s finding that LG–a real party in interest to the IPRs–violated its Sotera stipulation.
The patents at issue are Nos. 10,325,122, 10,789,393, and 9,892,287, which share a common specification and relate to methods for displaying owner contact and recovery information on a computer screen at boot-up to assist in returning a lost or stolen device. The representative ‘122 patent describes a system in which a return screen is automatically shown before or alongside a lock screen, and in which the owner can remotely update the displayed information without any action by the user of the computer.
In July 2021, Hafeman filed a lawsuit against LG Electronics Inc. in the U.S. District Court for the Western District of Texas, accusing LG-manufactured phones, tablets, and laptops preloaded with Google and Microsoft “Find My Device” features of infringing the three patents. Google and Microsoft responded in July 2022 by filing six inter partes review (IPR) petitions against the patents, naming LG as a real party in interest. LG filed a Sotera stipulation agreeing not to pursue in district court any ground that Google or Microsoft raised or reasonably could have raised in the IPRs, and the Board instituted six IPRs in January 2023.
The district court later found that LG violated the Sotera stipulation and Hafeman argued the violation warranted terminating the IPRs, or at a minimum, that the Board’s final written decisions should address why the proceedings should continue. The Board issued its three FWDs in January 2024 without revisiting those arguments, finding the claims of all three patents unpatentable over two prior art references, and the Federal Circuit affirmed in June.
In her petition for rehearing, Hafeman primarily argues that the CAFC “overlooked or misapprehended the relationship among the words of the complete limitation” and that the decision cannot be reconciled with the en banc holding in Phillips v. AWH Corp., 415 F.3d 1303, 1312–15 (Fed. Cir. 2005). Specifically, Hafeman says that the CAFC panel “severed the recited remote-communication requirement from the assistance inquiry.” The relevant language of claim 1 requires:
“initiating or changing return information which appears on the display through remote communication without assistance by a user with the computer, wherein the changing of the return information is done through an interactive program stored in the memory of the computer which is remotely accessed only by the owner of the computer or the party authorized by the owner to enable the initiating or changing of the display screen.”
The CAFC held that “without assistance by a user” modifies the action of “initiating or changing return information” and determined that the establishment of an Internet connection was an “unrecited action” outside of the limitation. But Hafeman contends in her petition that “the initiating or changing is expressly required to occur ‘through remote communication.’” If the relevant prior art cannot make the remote change unless the device user first logs in or establishes the connection, the petition argues, the court must decide whether that act amounts to assistance to the claimed change.
Hafeman says her interpretation is supported by the claim as a whole because the return information must be displayed before or with a lock screen; the change must be made through a program stored on the computer and remotely accessible only by the owner or an authorized party; and the security prompt must prevent the user from operatively accessing the computer. Read together, she argues, these limitations describe an owner-controlled recovery system intended to show return information to a finder while protecting the owner’s data. The specification’s boot-up sequence and discussion of automatic updating do not, in her view, justify treating every user action needed to enable remote communication as irrelevant.
The petition also points to the prosecution history. Hafeman added the “through remote communication without assistance” language to distinguish prior art requiring a user to press an interrupt key to initiate a remote change. She argues that this confirms user participation in enabling the change matters, even if the history addressed a different specific act.
The issue is outcome-determinative, Hafeman maintains, because the Board relied on Jenne as teaching a remote change without user assistance, while she argued to the CAFC that Jenne requires the user to log in and connect to the Internet. After adopting its construction, the panel declined to reach her dependent arguments that the Jenne-Cohen combination does not satisfy the limitation.
Relying chiefly on Phillips; Bicon, Inc. v. Straumann Co., 441 F.3d 945, 950 (Fed. Cir. 2006); and Google LLC v. EcoFactor, Inc., 92 F.4th 1049, 1056–59 (Fed. Cir. 2024), the petition contends that the precedential opinion conflicts with settled claim-construction law requiring courts to construe disputed language in the context of the entire claim and give effect to every limitation. It explains:
“Phillips requires disputed language to be construed in the context of the whole claim and intrinsic record…. Bicon requires proper effect to be given to all claim terms…. EcoFactor confirms, in the IPR context, that resolving the scope or boundary of a disputed limitation is claim construction even when the issue arises during comparison to prior art…. The petition asks the Court to apply those principles to the complete phrase before deciding whether the prior art satisfies it.”
Hafeman ultimately asks the panel to withdraw or amend the opinion and remand for reconsideration under the complete phrase. Alternatively, she seeks en banc review of “whether a tribunal may categorically exclude a user act necessary to establish the recited remote communication from the assistance inquiry without determining whether that act assists the claimed initiating or changing through that communication.”
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Author: 72soul

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4 comments so far. Add my comment.
Carrie Hafeman
October 7, 2026 11:23 amI don’t know who you are Mike, but thank you so much for your comment and the time you spent. Please LinkIn with me if we are not already connected. https://www.linkedin.com/in/carriehafeman
mike
October 6, 2026 06:41 pmThe large amount of user assistance that is required to make Windows 2000 perform the steps of Hafeman’s claims is incredibly significant. That Hafeman’s claims does it without user assistance is truly unique and novel. It was 100% disingenuous that LG was allowed to introduce a *different video* in court, and infuriating that the video skipped over all the user assistance that was required to make Windows 2000 match Hafeman’s claims.
The YouTube video that Carrie posted makes this very clear.
https://www.youtube.com/watch?v=CPdbGt17D5I
12:01 – Two computers shown: a computer running the Windows 2000 Professional Operating System (PRO) on the left; a computer running the Windows 2000 Server Operating System (SERVER) on the right.
To make this work, the computers are connected together via local area network (LAN) using network cards and a network switch, and a networking protocol, e.g. TCP/IP. (This requires user assistance.) What is not even shown in THIS video is that the PRO computer has already been preconfigured (via user assistance) to join the same domain as the SERVER computer, so that the SERVER computer can control certain functionalities of the PRO computer over the network.
Now, assume the PRO computer is stolen by a person/thief.
12:53 – The person/thief who turns the computer on then must interact with the Windows Professional Operating System. In this Windows domain environment that has been preconfigured, and to prepare the PRO computer to receive the update from the SERVER computer that is supposed to be WITHOUT user assistance, the user *must log on with a username and password* (again, user assistance).
13:03 – The person/thief then interacts with the Windows Professional Operating System again (user assistance) to search and find and instruct the computer (again, user assistance) to launch the Registry Editor application.
13:07 – The person/thief then issues a command within the Registry Editor application to execute (again, user assistance) an already saved favorite within the Registry Editor (created previously via user assistance) so that the computer policy on the PRO computer will retrieve a new policy issued from the SERVER the next time that PRO reboots.
13:14 – The person instructs the computer Windows Operating System to reboot (again, user assistance).
15:20 – The owner-person then logs into the SERVER computer with an administrator username and password, opens Active Directory Users and Computers application, and within that, launches the Group Policy MMC console application. Under this setting — Default Domain Policy > Computer Configuration > Windows Settings > Security Settings > Local Policies > Security Options — there is an option to define a policy for a “Message text for users attempting to log on” and a “Message title for users attempting to log on” to be applied to the PRO computer that has been pre-configured, via user assistance, to receive the new policy.
16:57 – From the SERVER computer, the owner-person then issues a command to reboot the PRO computer, and command only works because of the previous user assistance of the PRO computer being set up on the same domain as the SERVER computer.
18:49 – The PRO computer, during its reboot sequence, and because the person/thief deleted the policy via the Registry Editor application previously (i.e., via user assistance), then receives the defined policy with the text to be displayed when a user attempts to log on.
19:15 – The person/thief presses CTRL-ALT-DEL, and the message text appears on the screen.
19:26 – Immediately after the person presses “OK”, note the “Domain” field that is beneath the username and password fields, right before Carrie says she will pause the video. The fact that there is a Domain option reveals that this requires user assistance and preconfiguration to make this all work.
By the way, I am Microsoft Certified Engineer on Windows 2000.
That this video in full was not shown to the jury, and a redacted version that hid all the complexity and that showed user assistance was shown instead, is infuriating.
Why did Travis Underwood and his team do this? Why did Judge Albright let this happen?
Julie Burke
October 6, 2026 10:52 amShouldn’t each word in the claim count for something?
Harold Y
October 6, 2026 10:41 amSad that these patents expired in 2022 and that the inventor is still having to appeal the PTAB decision to invalidate the claims.
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