`571.272.7822
`
`
`Paper: 46
`Entered: September 14, 2018
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`
`NVIDIA CORPORATION,
`Petitioner,
`
`v.
`
`POLARIS INNOVATIONS LIMITED,
`Patent Owner.
`
`____________
`
`Cases
`IPR2017-01346
`IPR2017-01781
`Patent 8,161,344 B2
`____________
`
`Before MINN CHUNG, DANIEL J. GALLIGAN, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`
`GALLIGAN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Authorizing Additional Briefing
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`IPR2017-01346
`IPR2017-01781
`Patent 8,161,344 B2
`
`
`The parties disagree about the scope of “data arrangement alteration,”
`
`which is recited in every independent claim of U.S. Patent 8,161,344 B2
`
`(“the ’344 patent”). Patent Owner contends the following: “[A] ‘data
`
`arrangement alteration device’ should be interpreted as a device that can
`
`alter the arrangement of data in a data block. Similarly, a ‘data arrangement
`
`alteration algorithm’ should be construed as an algorithm that specifies how
`
`the arrangement of data in a data block is altered.” IPR2017-01346,
`
`Paper 14, 8–9. During oral argument, Petitioner stated that data arrangement
`
`alteration is “taking [data and] . . . converting it to a different form in a way
`
`that’s understandable, in a way that can be brought back.” IPR2017-01346,
`
`Paper 25, 10:18–23.
`
`The construction of “data arrangement alteration” is an important
`
`issue in this case, and we determine that further development of the record is
`
`warranted. Accordingly, we authorize each party to file one brief limited to
`
`five pages addressing its proposed interpretation of “data arrangement
`
`alteration.” The parties may not introduce new evidence. Rather, the briefs
`
`should specifically identify the intrinsic evidence that supports the proposed
`
`interpretation, focusing especially on the specification of the ’344 patent.
`
`Accordingly, it is
`
`ORDERED that each party is authorized to file, no later than
`
`September 28, 2018, one brief limited to five pages, with no new evidence,
`
`addressing its proposed interpretation of “data arrangement alteration”; and
`
`FURTHER ORDERED that each party’s brief shall be filed in both
`
`IPR2017-01346 and IPR2017-01781 using a single caption for both cases.
`
`
`
`2
`
`
`
`IPR2017-01346
`IPR2017-01781
`Patent 8,161,344 B2
`
`PETITIONER:
`
`Jeremy Monaldo
`W. Karl Renner
`David M. Hoffman
`FISH & RICHARDSON P.C.
`jjm@fr.com
`axf-ptab@fr.com
`hoffman@fr.com
`
`
`PATENT OWNER:
`
`Matthew Phillips
`Derek Meeker
`Kevin Laurence
`LAURENCE & PHILLIPS IP LAW LLP
`mphillips@lpiplaw.com
`dmeeker@lpiplaw.com
`klaurence@lpiplaw.com
`
`Bryan Richardson
`WiLAN INC.
`brichardson@wilan.com
`
`
`
`
`
`
`3
`
`
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