`571-272-7822
`
`
`Paper 33
`Entered: May 16, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS AMERICA. INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01802
`Patent 7,535,890 B2
`
`____________
`
`
`
`Before, JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`
`DECISION
`PATENT OWNER’S REQUEST FOR REHEARING
`37 C.F.R. § 42.71(d)
`
`
`
`IPR2017-01802
`Patent 7,535,890 B2
`
`
`I.
`INTRODUCTION
`On January 31, 2019, the Board issued a Final Written Decision in
`this proceeding. Paper 31 (“Final Dec.”). In that Final Written Decision, we
`determined that Petitioner had shown by a preponderance of the evidence
`that claims 1–6, 9, 14, 15, 17–20, 23, 40–43, 51–54, and 57 of the ’890
`patent are unpatentable. Id. at 46. On March 4, 2019, Patent Owner filed a
`Request for Rehearing. Paper 32 (Req. Reh’g). Patent Owner argues that
`we misapprehended Patent Owner’s “argument and evidence directed to why
`Petitioner’s proposed combination of Griffin and Zydney would render
`Griffin inoperable for its intended purpose.” Id. at 2–5.
`According to 37 C.F.R. § 42.71(d), “[t]he burden of showing a
`decision should be modified lies with the party challenging the decision,”
`and the “request must specifically identify all matters the party believes the
`Board misapprehended or overlooked.” The burden here, therefore, lies with
`Patent Owner to show we misapprehended or overlooked the matters it
`requests that we review. We are not persuaded that Patent Owner has shown
`that we misapprehended or overlooked the matters raised in the Request for
`Rehearing.
`II. ANALYSIS
`Patent Owner argues that the combination of Griffin and Zydney
`proposed by Petitioner “would frustrate the purpose of Griffin of a server-
`based messaging paradigm in which technical feasibility of communicating a
`message to a recipient terminal is determined at the server complex 204
`rather than at the mobile terminal 100 and in which only the messages vetted
`by the server complex 204 as feasible are subsequently communicated by the
`server complex 204.” Req. Reh’g 3 (citing Paper 12, 23). According to
`
`2
`
`
`
`IPR2017-01802
`Patent 7,535,890 B2
`
`Patent Owner, “[m]odifying Griffin to incorporate Zydney’s alleged concept
`of device available/unavailability in terms of online/offline connectivity
`status would result in JaneT being considered available for instant voice
`messaging because her device is online when, as a matter of technical
`capability, her device cannot receive such messages.” Id. at 3–4.
`As we explained in the Final Written Decision, we do not find this
`argument persuasive because Petitioner does not rely on bodily
`incorporation of every detail of Zydney into Griffin’s system. See Final
`Dec. 31. We explicitly noted that “Griffin is silent as to how [the text-only
`buddy feature] operates, in the event of a speech chat directed to a text-only
`buddy, even without considering Zydney.” Id. We, therefore, explained that
`“the scenario that Patent Owner presents is speculative and is supported only
`with conclusory declaration testimony (Ex. 2001 ¶ 34) that is entitled to little
`or no weight (see 37 C.F.R. § 42.65(a)).” Id. Patent Owner’s request for
`rehearing, reiterating the same speculative argument, is not persuasive.
`In conclusion, we are not persuaded that Patent Owner has shown that
`we misapprehended or overlooked the matters raised on rehearing and we
`see no reason to disturb our Final Written Decision in this proceeding.
`III. ORDER
`Patent Owner’s Request for Rehearing is denied.
`
`
`
`3
`
`
`
`IPR2017-01802
`Patent 7,535,890 B2
`
`For PETITIONER:
`
`Naveen Modi
`Joseph E. Palys
`Phillip W. Citroën
`Michael A. Wolfe
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`phillipcitroen@paulhastings.com
`michaelwolfe@paulhastings.com
`PH-Samsung-Uniloc-IPR@paulhastings.com
`
`
`For PATENT OWNER:
`
`Brett Mangrum
`Ryan Loveless
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`
`4
`
`
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