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`_____________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________________________________
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`CHARTER COMMUNICATIONS, INC.,
`
`Petitioner
`
`v.
`
`SPRINT COMMUNICATIONS COMPANY L.P.,
`
`Patent Owner
`
`_____________________________________________
`
`Case IPR2019-01139
`Patent No. 6,757,907
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`______________________________________________
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`PATENT OWNER’S PRELIMINARY RESPONSE
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`IPR2019-01139
`U.S. Patent No. 6,757,907
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`Table of Contents
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`I.
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`II.
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`Introduction ...................................................................................................... 1
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`Relevant Factual Background .......................................................................... 3
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`A.
`
`B.
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`The ’7907 Patent ................................................................................... 3
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`The ’7907 Claims .................................................................................. 5
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`III. The Asserted Grounds ..................................................................................... 6
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`A. Humpleman ........................................................................................... 7
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`B. Yosuke .................................................................................................12
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`C.
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`Ellis ......................................................................................................14
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`IV. Level of Ordinary Skill ..................................................................................16
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`V.
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`Claim Construction ........................................................................................16
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`VI. Petitioner Fails to Show a Reasonable Likelihood of Prevailing on Any
`Claim ..............................................................................................................17
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`A.
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`Legal Standard .....................................................................................17
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`B. Humpleman Does Not Anticipate the Challenged Claims
`(Ground 1) ...........................................................................................19
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`
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`Humpleman does not teach transferring a control screen signal
`as Element [B] requires. ............................................................20
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`a)
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`b)
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`c)
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`Under Petitioner’s primary mapping, Element [B] is not
`satisfied. ..........................................................................20
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`Petitioner’s mapping assumes an incorrect location of the
`alleged processing system, and Humpleman—read
`correctly—does not anticipate the ’7907 claims. ...........22
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`Element [B] is not satisfied under Petitioner’s alternative
`mapping either. ...............................................................25
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`Humpleman does not teach “a processing system configured to
`. . . receive a viewer control signal from the second
`communication interface,” as Element [C] requires. ................27
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`Humpleman’s session manager cannot transfer video signals to
`a first or second communication interface based on indications
`in a viewer control signal and therefore does not satisfy
`Element [C]. ..............................................................................28
`
`a)
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`b)
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`c)
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`Humpleman does not disclose that the alleged processing
`system transfers video signals as disclosed in Element
`[C]. ..................................................................................29
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`Humpleman does not disclose that video signals are
`transferred to the alleged first or second communication
`interfaces. ........................................................................30
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`Under Petitioner’s alternative mapping, Humpleman still
`fails to disclose Element [C] for the same reasons. ........32
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`
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`Petitioner fails to demonstrate a reasonable likelihood that it
`would prevail on Ground 1 for any claim. ................................33
`
`C.
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`D.
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`The Challenged Claims Would Not Have Been Obvious over
`Humpleman and Yosuke (Ground 2). .................................................33
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`The Challenged Claims Would Not Have Been Obvious over
`Humpleman and Ellis (Ground 3) .......................................................34
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`VII. The Board Should Exercise Discretion to Deny Institution on Multiple
`Parallel Proceedings.......................................................................................35
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`VIII. Conclusion .....................................................................................................36
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`iii
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`TABLE OF AUTHORITIES
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`IPR2019-01139
`U.S. Patent No. 6,757,907
`
`
` Page(s)
`
`Cases
`
`In re Magnum Oil Tools Int’l Ltd.,
`829 F.3d 1364 (Fed. Cir. 2016) .......................................................................... 18
`
`In re Nuvasive,
`841 F.3d 966 (Fed. Cir. 2016) ............................................................................ 18
`
`In re Robertson,
`169 F.3d 743 (Fed. Cir. 1999) ............................................................................ 27
`
`Intelligent Bio-Sys., Inc. v. Illumina Cambridge Ltd.,
`821 F.3d 1359 (Fed. Cir. 2016) .......................................................................... 18
`
`Net MoneyIN, Inc. v. VeriSign, Inc.,
`545 F.3d 1359 (Fed. Cir. 2008) .......................................................................... 18
`
`Ortho-McNeil Pharm., Inc. v. Mylan Labs., Inc.,
`520 F.3d 1358 (Fed. Cir. 2008) .......................................................................... 18
`
`PersonalWeb Techs., LLC v. Apple, Inc.,
`848 F.3d 987 (Fed. Cir. 2017) ............................................................................ 18
`
`Phillips v. AWH Corp.,
`415 F.3d 1303 (Fed. Cir. 2005) .......................................................................... 16
`
`Star Scientific, Inc. v. R.J. Reynolds Tobacco Co.,
`655 F.3d 1364 (Fed. Cir. 2011) .......................................................................... 18
`
`Statutes
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`35 U.S.C. § 312(a) ................................................................................................... 18
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`35 U.S.C. § 314(a) ................................................................................................... 18
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`Other Authorities
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`37 C.F.R. § 42.100(b) .............................................................................................. 16
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`iv
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`IPR2019-01139
`U.S. Patent No. 6,757,907
`US. Patent No. 6,757,907
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`37 C.F.R. § 42.104(b)(4) .......................................................................................... 18
`37 C.F.R. § 42.104(b)(4) .......................................................................................... 18
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`37 C.F.R. § 42.108(c) ............................................................................................... 18
`37 C.F.R. § 42.108(c) ............................................................................................... 18
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`v
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`IPR2019-01139
`U.S. Patent No. 6,757,907
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`Petitioner Charter Communications, Inc. fails to demonstrate a reasonable
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`likelihood of prevailing on any ground asserted against any challenged claim in its
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`Petition for Inter Partes Review of U.S. Patent No. 6,757,907 (the “’7907 patent”).
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`Accordingly, Patent Owner Sprint Communications Company L.P. respectfully
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`requests that the Board deny institution of the Petition.
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`I.
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`Introduction
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`Petitioner fails to show a reasonable likelihood of success on any of its three
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`asserted grounds of unpatentability. Each ground relies on the Humpleman reference
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`alone or in combination with one other reference: anticipation based on Humpleman
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`(Ground 1), obviousness based on Humpleman and Yosuke (Ground 2), and
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`obviousness based on Humpleman and Ellis (Ground 3). Petitioner advanced the
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`same grounds and substantially the same arguments in IPR2019-01140, which
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`challenged U.S. Patent No. 6,754,907. The Board recently denied institution of that
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`Petition. (IPR2019-01140 at Paper 9). This Petition should be denied for the same
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`reasons.
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`Petitioner cannot show that Humpleman anticipates the claims of the ’7907
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`patent. First, Petitioner contends that Humpleman discloses a control signal received
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`by a second communication interface from a second communication system, but the
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`claims require “a second communication interface configured to transfer . . . a
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`control screen signal to the second communication system.” Second, Humpleman
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`does not teach a processing system configured to . . . receive a viewer control signal
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`from the second communication interface” as Element [C] requires. Any viewer
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`control signals in Humpleman are generated by user inputs to the session manager
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`itself (the alleged processing system) and are not transferred anywhere. Third,
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`Humpleman does not disclose that the alleged processing system transfers video
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`signals to the alleged communication interfaces as further required by Element [C].
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`For each of these three independent reasons, Humpleman does not anticipate the
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`claims of the ’7907 patent.
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`Petitioner attempts to combine Humpleman with two other prior art
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`references. In Ground 2, Petitioner combines Humpleman with Yosuke for issues
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`relevant to the preamble of independent claims 1, 21, and 41, the bandwidth
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`limitations of those claims, and certain dependent claims. But Petitioner relies only
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`on Humpleman for the limitations discussed above. Therefore Yosuke does not cure
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`Humpleman’s fatal deficiencies. In Ground 3, Petitioner combines Humpleman with
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`Ellis, but only for issues relevant to the preamble of independent claims 1, 21, and
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`41 and certain dependent claims. Petitioner explicitly relies on Humpleman for all
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`independent claim elements, and Ellis cannot cure Humpleman’s fatal deficiencies.
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`Accordingly, Petitioner fails to show any likelihood of prevailing on Grounds 2 and
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`3 for at least the same reasons as Ground 1.
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`U.S. Patent No. 6,757,907
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`II. Relevant Factual Background
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`A. The ’7907 Patent
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`The ’7907 patent generally relates to a video-on-demand system. (EX1001,
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`1:19-21.) In an embodiment, the video-on-demand system includes a first
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`communication interface 101 and a second communication interface 102 each
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`communicating with processing system 103 of video-on-demand system 100:
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`(EX1001, FIG. 1; see also id. 2:31-34)
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`
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`Additionally, the first communication interface is coupled to a first
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`communication system, such as a cable video distribution system, which, in turn, is
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`coupled to a first display, such as a television:
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`3
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`(EX1001, FIG. 6; see also id. 2:34-36; 2:42-47)
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`
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`The second communication interface is coupled to a second communication
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`system, such as the Internet, which, in turn, is coupled to a second display, such as
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`a computer with a browser. (EX1001, FIG. 1, 2:37-38, 2:44-48.) The second
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`communication system uses a bandwidth that is less than the bandwidth the first
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`communication system uses for the transmission of video. (EX1001, 2:37-40.)
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`The processing system generates and transfers a control screen signal to the
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`second communication interface. (EX1001, 2:52-54.) The second communication
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`interface transfers the control screen signal to the second communication system and
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`to the second display, which displays the control screen to the viewer. (EX1001,
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`4
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`2:54-59.) The control screen could be, for example, “a web page that includes a video
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`display control menu comprising play, stop, pause, rewind, and fast forward” or it
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`“could include a video content selection menu.” (EX1001, 1:64-2:2.) The viewer of
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`the second display chooses a selection from the control screen, such as ordering
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`specific video content. (EX1001, 4:20-23.)
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`The display transfers the corresponding viewer control signal (which indicates
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`either the first or second communication system) to the second communication
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`system, the second communication interface, and the processing system. (EX1001,
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`4:20-28.) The processing system then transfers the selected video content as video
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`signals to communication interface indicated by the viewer control signal. (EX1001,
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`4:38-52.)
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`B.
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`The ’7907 Claims
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`The ’7907 patent has fifty-three claims. Claims 1, 21, and 41 of the ’7907
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`patent are independent. Petitioner devotes the Petition to an analysis of Claim 1,
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`maintaining that Claims 21 and 41 are “very similar” to Claim 1 and are unpatentable
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`for the “same reasons” as Claim 1. (Pet., 54-55, 68, 83.) Claim 1 recites:
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`1. A video-on demand system comprising:
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`[A] a first communication interface configured to transfer
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`first video signals to a first communication system
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`using a first bandwidth;
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`5
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`[B] a second communication interface configured to
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`transfer a control screen signal and second video
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`signals to a second communication system using a
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`second bandwidth
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`that
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`is
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`less
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`than
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`the first
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`bandwidth; and
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`[C] a processing system configured to transfer the control
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`screen signal to the second communication interface,
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`receive a viewer control signal from the second
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`communication interface, and transfer the first video
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`signals to the first communication interface if the first
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`communication system is indicated by the viewer
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`control signal or transfer the second video signals to
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`the second communication interface if the second
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`communication system is indicated by the viewer
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`control signal.
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`(EX1001, 6:42-58.)
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`III. The Asserted Grounds
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`As shown below, Petitioner advances three grounds of challenge based on
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`four references in various combinations:
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`Ground Claims Basis References
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`1
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`1-53
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`§102 Humpleman1
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`1 U.S. Patent No. 6,182,094 (EX1009).
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`6
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`2
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`3
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`1-53
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`§103 Humpleman and Yosuke2
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`1-53
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`§103 Humpleman and Ellis3
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`Set forth below are summaries of the relevant teachings from each of these
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`references.
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`A. Humpleman
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`Humpleman is directed to a method and system for generating a program
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`guide for a home network and controlling a plurality of devices physically connected
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`to that network. (EX1009, 2:20-28, 5:27-38.) The system may include several home
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`devices, namely DTV 102, DVD 108, DVCR 110, DSS-NIU 104, and security
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`system 120, connected to the home network via 1394 serial bus 114 or a wireless
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`bus:
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`2 European Patent Application EP 0 872 987 A2 (EX1006).
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`3 U.S. Patent No. 7,913,278 (EX1008).
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`7
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`(EX1009, FIG. 1; see also id., 5:29-38, 6:31-34)
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`“A client server relationship exists among the attached devices [] [w]ith the
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`DTV 102 typically behaving as the client and home devices DVCR 110, DVD 108,
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`DSS-NIU 104 and security system 120 behaving as servers.” (EX1009, 6:34-37.)
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`Any home device with a display screen, such as DTV 102, can serve as a session
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`server. (EX1009, 18:45-48, 5:55-62.) A session server is a device that contains a
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`session manager, a screen, its own HTML files, i.e. graphical user interfaces, and a
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`8
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`browser. (EX1009, 18:48-51.) The session manager acts as the primary interface
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`between the user and the home network, assisting the user in interacting with the
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`network and controlling the home devices connected to the network:
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`(EX1009, FIG. 9; see also id. 9:22-26)
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`
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`Each home device includes one or more HTML files, i.e. graphical user
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`interfaces, defining its control and command functions, which it sends to DTV 102.
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`(EX1009, 6:38-55.) “The browser based DTV 102 . . . graphically displays the
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`respective control and command information on its viewable display.” (EX1009,
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`6:43-47.) In particular, upon receiving a home device’s HTML file, DTV’s session
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`manager generates and displays a session page to the user. (EX1009, 18:52-56.)
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`9
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`By selecting an icon on the display, DTV is prompted to send a command to
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`a home device to perform the requested function and in this way the user can control
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`a home device from DTV’s display:
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`(EX1009, FIG. 3A; see also id., 7:18-23)
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`
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`For example, when a user selects “Dad’s TV” and “Jim’s DVD” device
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`buttons, DTV 102’s session manager displays the graphical user interface, i.e.
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`HTML file, transmitted from each of Dad’s TV and Jim’s DVD:
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`10
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`(EX1009, FIG. 11)
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`When the user presses the play button for Jim’s DVD, the session manager
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`sends a command over the 1394 serial bus to DVCR, and in particular DVCR’s
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`control application, which, in turn, causes the DVCR hardware to play the video
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`signal on a particular isochronous stream. (EX1009, 20:16-19, 19:35-38.) The
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`session manager also commands DTV 752 to “display the information that is being
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`broadcast on the particular stream over the home network.” (EX1009, 14:30-33.)
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`“[T]he control application is a device-specific packet of Java code that
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`11
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`communicates with the hardware of the respective home device, thereby controlling
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`that home device.” (EX1009, 19:41-44.)
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`Humpleman further discloses that optionally, Internet Proxy 1104 “is used to
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`provide an interface between the home network 1100 and the Internet 1102” and that
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`this allows a user to remotely control home devices via a device external to the home.
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`(EX1009, 20:42-51.) For example, Humpleman discloses directing a DVCR to
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`record particular television programming using the interface provided by the Internet
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`Proxy. (EX1009, 20:46-51).
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`B. Yosuke
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` Yosuke is directed to a video-on-demand (“VOD”) system that allows a user
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`to control, through the Internet, a video-on-demand server’s transmission of
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`information to the user’s television over a standard cable television network.
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`(EX1006, 2:9-17, 11:48-53, 12:34-42.) As a result, dedicated software for
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`controlling a VOD server through the user’s television is not necessary. (EX1006,
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`11:46-48.) In fact, Yosuke teaches that there is no need for a means of
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`communication between a user’s television and a VOD server. (EX1006, 11:48-55.)
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`The VOD system includes VOD server 11 for storing video-on-demand
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`content and server computer 12 for controlling VOD server 11. (EX1006, 3:26-30.)
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`The system also includes a client computer 13 connected to server computer 12 via
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`12
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`network 18, such as the Internet, and switcher 15/display 16 connected to VOD
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`server 11 through separate network 19, such as a standard cable television network:
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`
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`(EX1006, FIG. 1; see also id. 3:30-56, 12:36-39)
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`Client computer 13 sends server computer 12 a request over the Internet to
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`play, for example, a video clip. (EX1006, 8:28-8:55.) In response, server computer
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`12 sends a command to VOD server 11 to play the clip on a specific output channel
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`of standard cable television network 19; Yosuke teaches that these clips are not sent
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`over network 18 (the Internet) to client computer 13. (EX1006, Abstract, 2:9-17,
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`8:55-9:1, 12:34-42.) Because a user can use Internet communications to control the
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`transmission of information between a VOD server and user’s television over a
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`standard television cable network, a communication means between a user’s
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`13
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`television and the VOD server, including the use of dedicated software, is no longer
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`necessary. (EX1006, 11:41-55.)
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`C. Ellis
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`Ellis is directed to an interactive television program guide with remote access.
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`Main facility 12 transmits program guide data, such as “program times, channels,
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`titles, and descriptions,” from program guide data source 14, to interactive television
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`program guide equipment 17 over communications link 18:
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`(EX1008, FIG. 1; see also id., 4:40-47, 4:30-33)
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`14
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`In an embodiment illustrated by FIG. 2d, interactive television program guide
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`equipment 17 is connected to remote program access device 24 via remote access
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`link 19 to provide a user with remote access to program guide functions:
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`(EX1008, FIG. 2d; see also id., Abstract)
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`
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`Interactive television program guide equipment 17 includes television
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`distribution facility 16, such as a cable system headend. (EX1008, 4:57-65.)
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`Program guide distribution equipment 21 (which includes program guide server
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`25) and communications device 27 are located within television distribution
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`facility 16. (EX1008, 4:57-62.)
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`15
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`IV. Level of Ordinary Skill
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`Petitioner provides a definition for a person of ordinary skill in the art
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`(“POSITA”). (Pet., 13.) While Patent Owner reserves the right to dispute Petitioner’s
`
`definition if trial is instituted, Petitioner’s arguments fail even under its proposed
`
`definition of a POSITA.
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`V. Claim Construction
`
`For inter partes review, the claim terms should be given the ordinary meaning
`
`the terms would have to a POSITA in view of the specification and file history on
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`the effective filing date. See 37 C.F.R. § 42.100(b), as amended by 83 Fed. Reg.
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`51340, 51358 (Oct. 11, 2018); Phillips v. AWH Corp., 415 F.3d 1303, 1312-1313
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`(Fed. Cir. 2005) (en banc). For purposes of the arguments in this paper, Patent Owner
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`does not propose any claim constructions. Omission of any construction for any term
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`is not acquiescence to any construction positions expressly or impliedly advanced in
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`the Petition, and Patent Owner reserves the right to advance constructions and
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`supporting arguments in future papers. 4
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`4 While the art fails under all proposed constructions, Sprint disputes the claim
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`constructions the district court adopted in the Comcast Cable Communications, LLC
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`v. Sprint Communications Company, L.P. litigation (Case No. 2:12cv859, Doc. 162
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`(Aug. 15, 2014)). Those constructions violate several Federal Circuit principles,
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`
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`16
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`U.S. Patent No. 6,757,907
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`VI. Petitioner Fails to Show a Reasonable Likelihood of Prevailing on Any
`Claim
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`A. Legal Standard
`
`The Board may not institute inter partes review unless it determines “there is
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`a reasonable likelihood that the petitioner would prevail with respect to at least 1 of
`
`the claims challenged in the petition.” 35 U.S.C. § 314(a); see 37 C.F.R. § 42.108(c).
`
`To show anticipation, Petitioner must prove that a single prior art reference
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`“not only disclose[s] all elements of the claim within the four corners of the
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`document, but must also disclose those elements ‘arranged as in the claim.’” Net
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`MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1369 (Fed. Cir. 2008) (quoting
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`Connell v. Sears, Roebuck & Co., 722 F.2d 1542, 1548 (Fed. Cir. 1983)).
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`To prevail on the asserted obviousness grounds, Petitioner must prove that the
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`cited references disclose all the limitations of the claims and “that a relevant skilled
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`artisan would have had a motivation to combine [them] to produce the claimed . . .
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`inventions with a reasonable expectation of success.” PersonalWeb Techs., LLC v.
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`Apple, Inc., 848 F.3d 987, 989 (Fed. Cir. 2017). Petitioner bears the burden of
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`proving unpatentability and must “articulate specific reasoning, based on evidence
`
`of record,” to do so; “mere conclusory statements” will not suffice. In re Magnum
`
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`including, at least, reading in a negative limitation to a non-limiting term in the
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`preamble.
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`17
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`IPR2019-01139
`U.S. Patent No. 6,757,907
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`Oil Tools Int’l Ltd., 829 F.3d 1364, 1377 (Fed. Cir. 2016). Nor may Petitioner
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`“simply retrace[] the path of the inventor with hindsight, discount[] the number and
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`complexity of the alternatives, and conclude[] that the invention . . . was obvious.”
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`Ortho-McNeil Pharm., Inc. v. Mylan Labs., Inc., 520 F.3d 1358, 1364 (Fed. Cir.
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`2008). Rather, Petitioner must meet its burden “without any hint of hindsight.” Star
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`Scientific, Inc. v. R.J. Reynolds Tobacco Co., 655 F.3d 1364, 1375 (Fed. Cir. 2011).
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`“It is of the utmost importance that petitioners in the IPR proceedings adhere
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`to the requirement that the initial petition identify ‘with particularity’ the ‘evidence
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`that supports the grounds for the challenge to each claim.’” Intelligent Bio-Sys., Inc.
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`v. Illumina Cambridge Ltd., 821 F.3d 1359, 1369 (Fed. Cir. 2016) (quoting 35
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`U.S.C. § 312(a)(3)). In addition, petitioners must identify “where each element of
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`the claim is found in the prior art patents or printed publications relied upon.” 37
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`C.F.R. § 42.104(b)(4). A petition that fails to identify required information should
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`not be considered, see 35 U.S.C. § 312(a), and, even if it is, such a petition cannot
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`succeed because the petitioner cannot later identify new evidence or structures as
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`claim elements. See Intelligent Bio-Sys., 821 F.3d at 1369 (Fed. Cir. 2016)
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`(“[P]etitioners [have an obligation] to make their case in their petition to institute.”);
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`see also In re Nuvasive, 841 F.3d 966, 972-73 (Fed. Cir. 2016) (explaining that
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`Patent Owner lacked opportunity to respond when Petitioner identified structure for
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`the first time in its Reply).
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`B. Humpleman Does Not Anticipate the Challenged Claims (Ground
`1)
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`Petitioner fails to demonstrate a reasonable likelihood of prevailing on
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`Ground 1—anticipation based on Humpleman. Petitioner’s mapping of Humpleman
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`is fundamentally different from the claims of the ’7907 patent.
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`Petitioner contends that Humpleman teaches a second communication
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`interface receiving a control screen signal from a second communication system,
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`which is exactly backwards from the claim requirement. (Pet., 30.) Petitioner
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`therefore fails to show that Humpleman discloses “a second communication
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`interface configured to transfer a control screen signal . . . to a second
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`communication system,” as Element [B] of claim 1 requires.
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`Humpleman also does not disclose “a processing system configured to . . .
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`receive the viewer control signal from the second communication interface” as
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`Element [C] requires. Rather, any viewer control signals in Humpleman are
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`generated within the alleged processing system (Humpleman’s session manager), in
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`response to user inputs directly to the session manager; they are not transferred
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`anywhere.
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`Furthermore, Humpleman’s “session manager” is not “configured to . . .
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`transfer the first video signals to the first communication interface if the first
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`communication system is indicated by the viewer control signal . . . or transfer the
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`second video signals to the second communication interface if the second
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`communication system is indicated by the viewer control signal,” as Element [C]
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`requires. Humpleman does not disclose that the alleged processing system transfers
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`first/second video signals as taught by Element [C] to a first or second
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`communication interface. Humpleman also does not disclose that video signals are
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`transferred to the alleged communication interfaces.
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`For each of these three, independently sufficient reasons, Petitioner fails to
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`demonstrate a reasonable likelihood of prevailing on Ground 1.
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` Humpleman does not teach transferring a control screen signal as
`Element [B] requires.
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`Humpleman does not disclose “a second communication interface configured
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`to transfer a control screen signal . . . to a second communication system” as Element
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`[B] requires. Under Petitioner’s primary theory, the alleged control screen signal is
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`transferred in the opposite direction from what is claimed. To the extent Petitioner
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`relies on alternative mappings of the claim elements onto Humpleman, these
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`likewise fail to show a second communication interface configured to transfer a
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`control screen signal in the manner claimed.
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`a)
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`Under Petitioner’s primary mapping, Element [B] is
`not satisfied.
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`According to Petitioner, the alleged control screen signal is received by the
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`alleged second communication interface from the second communication system.
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`This is the exact opposite of Element [B]’s requirement: “a second communication
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`interface configured to transfer a control screen signal . . . to a second
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`communication system.”
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`Humpleman discloses various home devices, e.g., “digital video device
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`(‘DVD’) 108” and “digital video cassette recorder (‘DVCR’) 110,” as well as a
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`“browser based [digital TV (‘DTV’)] 102.” (EX1009, 5:47-53, 6:51.) These devices
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`may be connected to a home network, such as “1394 serial bus 114.” (Id., 5:40-41,
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`FIG. 1.)
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`According to Petitioner, each of the home devices has a single “control
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`application” that communicates with a “session manager” (the alleged processing
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`system). (Pet., 20-21, 26, 36-37.) Allegedly, the control application of the first home
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`device is the first communication interface, and the control application of the second
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`home device is the second communication interface. (Id., 25, 28.) For the second
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`communication system, Petitioner identifies either the home network (see id., 26
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`(identifying “wireless network”) or a “communication system that connects a second
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`home device to the home network” (id., 32).5 Petitioner identifies session page
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`902—depicted in Figure 11 of Humpleman—as a control screen and argues that a
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`signal defining this screen is a control screen signal. (Id., 29-30.)
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`5 Regardless which is Petitioner’s true contention, Humpleman does not disclose
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`limitation [B] for the same reasons.
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`Critically, Petitioner asserts that this alleged control screen signal is sent “by
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`the session manager to . . . the second home device” via the home network. (Id., 30
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`(underline added).) According to Petitioner, it is received by the alleged second
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`communication interface (the control application), which allegedly “directs all data
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`communications between the network and the second home device.” (Id., 31.)
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`Before it can reach the control application on the second home device, however, the
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`signal “must pass through the second communication system.” (Id. at 32.)
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`Accordingly, the alleged control screen signal is transferred in the wrong direction
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`for the claims: from the alleged second communication system to the second
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`communication interface.
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`Petitioner therefore does not show that Humpleman meets the requirements
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`of Element [B] and fails to show that Humpleman anticipates the ’7907 claims.
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`b)
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`Petitioner’s mapping assumes an incorrect location of
`the alleged processing system, and Humpleman—read
`correctly—does not anticipate the ’7907 claims.
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`The Petition fails to allege where the session manager is operating.
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`Nevertheless, as discussed above, Petitioner’s mapping for Element [B] assumes that
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`the session manager is located somewhere other than the second home device, such
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`that the session manager communicates with the second home device over the home
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`network. (Pet. 30-31.) If Petitioner’s assumption is correct, Humpleman does not
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`anticipate Element [B] for the reasons explained above. But, if the control screen is
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`displayed by the second home device, as Petitioner alleges (see id.), the session
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`manager would also be on the second home device. In that case, Humpleman does
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`not anticipate Element [B] for a different reason—any control screen signal
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`transferred by the session manager to the second home device remains within the
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`second home device and is not transferred to the alleged second communication
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`system.
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`Humpleman’s session manager is a “software agent” that “provides the
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`primary interface between the user and the home network.” (EX1009, 9:22-26, 14:5-
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`6.) Humpleman discloses that the session manager is located on a home device that,
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`like DTV 102, has a display