`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSTRATEGY, INC.
`Petitioner,
`
`v.
`
`Patent of ZILLOW, INC.
`Patent Owner.
`
`Case IPR2013-00034
`Patent No. 7,970,674
`
`PRELIMINARY PATENT OWNER RESPONSE
`
`56920-890 I. USOOILEGAL25723 566.1
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`
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`TABLE OF CONTENTS
`
`V.
`
`INTRODUCTION ........................................................................................... 1
`I.
`BACKGROUND ............................................................................................. 5
`II.
`III. BRIEF DESCRIPTION OF THE PRIOR ART ............................................. 7
`A. The Dugan Patent ....................................................................................... 7
`B. The Hough Patent ...................................................................................... 8
`C. The Kim Application ................................................................................. 9
`IV. THE PETITION FAILS TO SHOW A REASONABLE
`LIKELIHOOD THAT THE CLAIMS OF THE '674 PATENT ARE
`UNPATENTABLE ....................................................................................... 1 0
`DUGAN DOES NOT DISCLOSE MODIFYING AN EXISTING
`VALUATION ............................................................................................... _12
`VI. HOUGH DOES NOT DISCLOSE MODIFYING "INFORMATION
`ABOUT THE DISTINGUISHED PROPERTY USED IN THE
`AUTOMATIC VALUATION OF THE PROPERTY" ................................ 16
`VII. THE CITED REFERENCES DO NOT DISCLOSE "OBTAINING
`USER INPUT FROM THE OWNER," AS RECITED IN CLAIMS 1
`AND2 ........................................................................................................... 18
`A. Hough ....................................................................................................... 19
`B. Dugan ....................................................................................................... 21
`VIII. THE CITED REFERENCES DO NOT DISCLOSE "OBTAINING
`USER INPUT" FROM "A USER KNOWLEDGEABLE ABOUT
`THE DISTINGUISHED HOME," AS RECITED IN CLAIM 15 ............... 23
`IX. THE PETITION DOES NOT ESTABLISH A PRIMA FACIE CASE
`OF OBVIOUSNESS FOR THE COMBINATION OF DUGAN AND
`KIM ............................................................................................................... 25
`THE REFERENCES FAIL TO DISCLOSE A VALUATION
`PROCESS THAT PERFORMS THE SPECIFIC STEPS OF CLAIM
`1 ..................................................................................................................... 27
`XI. THE REFERENCES FAIL TO TEACH OR SUGGEST VARIOUS
`ASPECTS OF THE DEPENDENT CLAIMS .............................................. 30
`A. Claims 3 and 4 .......................................................................................... 30
`
`X.
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`B. Claim 18 ................................................................................................... 31
`C. Claim30 ................................................................................................... 31
`XII. CONCLUSION .................................................................... : ........................ 32
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`-ii-
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`TABLE OF AUTHORITIES
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`Graham et al. v John Deere Co., 383 U.S. 1 (1966) .......................... 25
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`KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007) ............... 25
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`iii
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`
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`LIST OF EXHIBITS
`
`ZILLOW 2001
`
`Jeffrey M. O'Brien, What's your house really worth?, Fortune,
`
`Feb. 19, 2007, at 56, available at http://money.cnn.com/
`
`magazines/fortune/fortune_ archive/2007 /02/19/8400262/index.
`
`htm
`
`ZILLOW 2002
`
`Timothy J. Mullaney, A New Home Site on the Block,
`
`Business Week, Feb. 7, 2006, http://www.businessweek.com/
`
`stories/2006-02-07 /a-new-home-site-on-the-block
`
`ZILLOW 2003
`
`Rick Aristotle Munarriz, Pop Goes the Bubble, Feb. 14, 2006,
`
`http://www .fool.com/investing/small-cap/2006/02/14/pop-goes(cid:173)
`
`the-bubble.aspx
`
`ZILLOW 2004 Motion for Sanctions Against MicroStrategy
`
`ZILLOW 2005
`
`Declaration ofL. Payne in Support of Motion for Sanctions
`
`ZILLOW 2006 Declaration of B. Taylor in Support of Motion for Sanctions
`
`ZILLOW 2007
`
`Declaration of J. Connors in Support of Motion for Sanctions
`
`ZILLOW 2008 MicroStrategy's Opposition to Motion for Sanctions
`
`ZILLOW 2009
`
`Reply in Support of Motion for Sanctions Against
`
`MicroStrategy
`
`ZILLOW 2010
`
`Hearing Transcript Regarding Motion for Sanctions
`
`ZILLOW 2011
`
`Final Office Action Mailed February 2, 2011
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`lV
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`ZILLOW2012
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`Response to Final Office Action Filed on March 4, 2011
`
`ZILLOW2013
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`Fannie Mae Form 2055
`
`ZILLOW2014
`
`Fannie Mae Form 2075
`
`ZILLOW2015
`
`Uniform Residential Appraisal Report
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`56920-8901.USOO/LEGAL25723566.1
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`-v-
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`
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`Petitioner MicroStrategy, Inc. ("Petitioner") filed a Petition for Inter Partes
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`Review of U.S. Patent No. 7,970,674 (the "'674 patent") on October 26, 2012.
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`After the initial petition was rejected, Petitioner filed a Revised Petition for Inter
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`Partes Review (the "Petition") on November 13,2012. On November 19,2012,
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`the Patent Trial and Appeal Board (the "Board") mailed a Notice of Filing Date
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`Accorded to Petition.
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`Zillow, Inc. ("Patent Owner") submits this Preliminary Response in reply to
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`the Petition. As discussed in detail below, Petitioner has failed to show that any
`
`claim of the '674 patent is likely to be found unpatentable. Accordingly, the Board
`
`should reject Petitioner's request for inter partes review for all grounds proposed in
`
`the Petition.
`
`I.
`
`Introduction
`
`Seven years ago, Zillow revolutionized the U.S. real estate market. Before
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`2006, most people had only a vague idea of how much homes were worth--even
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`homes within their neighborhood, let alone in a neighboring city, on the other side
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`of the state, or anywhere else in the country. Valuations were the province of
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`professionals in the real estate industry such as realtors and assessors, and of
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`homeowners who hired a professional to appraise a home before putting it up for
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`sale. Few others bothered getting a home appraised because the process generally
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`required the appraiser to enter the home and might take days or weeks to return an
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`appraisal, along with a bill from the appraiser for hundreds of dollars. '674 Patent
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`at 1 :24-44. Until Zillow started "a real estate revolution," as Fortune magazine
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`wrote in a February 2007 cover article, good home valuation data was proprietary
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`information:
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`The real estate industry is based on what economists call
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`information asymmetry, which simply means that one party
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`(typically the seller) knows more about a product than the other
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`(the buyer). It's an opaque market that encourages obfuscation
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`and leads to flawed pricing.
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`The big idea behind Zillow is to make real estate more like a
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`stock exchange, a transparent market where all information about
`
`every property is readily available, and as a result pricing is
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`perfect.
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`Jeffrey M. O'Brien, What's your house really worth?, Fortune, Feb. 19, 2007, at
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`56, available at http:/ /money.cnn.com/magazines/fortune/fortune _archive/
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`2007/02/19/8400262/index.htm (attached as Exhibit ZILLOW 2001).
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`No one besides Zillow had even conceived of a service that would offer
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`instant automatic valuations for nearly every home-and that would further allow
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`users to augment the information used in its automatic home valuations to generate
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`better estimates. To the extent that a person could find another automatic home
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`valuation service before February 2006, it would have provided a very rough
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`estimate for a single home based on public database information about the home
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`(and whatever recently sold properties it considered "comps"), without a way for
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`that person or anyone else to provide additional home data. '67 4 Patent at 1 :44-
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`51; see also Timothy J. Mullaney, A New Home Site on the Block, BusinessWeek,
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`Feb. 7, 2006, http://www. businessweek.com/stories/2006-02-07 /a-new-home-site(cid:173)
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`on-the-block ("[Zillow's] approach is unique .... Zillow's offering is more
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`sophisticated than other real estate tools currently available online .... For
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`example, once Zillow gives a basic home-price estimate, users can refine it by
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`adding details Zillow may not know.") (attached as Exhibit ZILLOW 2002).
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`Zillow alone conceived, patented, and brought to market technology for the large(cid:173)
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`scale automatic valuation of homes, including refinement of its estimates using
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`data obtained from individuals in addition to public records.
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`Zillow's technology was disruptive, and it was wildly popular. The Motley
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`Fool investor site warned its readers the week following Zillow's debut that it
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`"makes many of the other models obsolete. . . . Zillow has disrupted the online
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`real estate services market, probably irreparably. The rest ofthe market just
`
`doesn't realize it yet .... most companies fail to realize the magnitude of a startup
`
`with a better mousetrap." Rick Aristotle Munarriz, Pop Goes the Bubble, Feb. 14,
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`2006, http://www. fool.com/investing/small-cap/2006/02/14/pop-goes-the-
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`bubble.aspx (attached as Exhibit ZILLOW 2003). Fortune magazine captured the
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`excitement that Zillow's innovative new technology brought to the public: "Next,
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`you realize that the information on your property is incomplete. What about the
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`kitchen upgrade? Your new deck? The landscaping? All that work's gotta count
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`for something. . . . So you tap in some modifications and watch your home's value
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`rise." O'Brien, supra. By developing a unique feature to leverage the knowledge
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`of individuals as well as public information, Zillow is able to provide better home
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`valuations. The innovative technology that Zillow developed-and patented-has
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`democratized home valuations in the United States and helped Zillow become a
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`popular and successful enterprise.
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`In contrast, Petitioner MicroStrategy is a provider of business intelligence
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`software to large corporations. Their business has little apparent connection to the
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`online real estate technology covered by the '674 patent.
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`In fact, recent court proceedings suggest that the Petition was filed purely to
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`harass Zillow's litigation attorneys, Susman Godfrey, who are adverse to
`
`MicroStrategy in an unrelated patent case. Relevant documents are attached as
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`Exhibits ZILLOW 2004-2010. In that case, MicroStrategy's General Counsel,
`
`Jonathan Klein, promised "to take action" against Susman Godfrey unless their
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`client dismissed its lawsuit against MicroStrategy. Motion for Sanctions at 2, 5
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`(Exhibit ZILLOW 2004); Taylor Decl. ~ 4 (Exhibit ZILLOW 2006); Connors
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`Decl. ~ 3 (Exhibit ZILLOW 2007); Payne Decl. ~ 3 (Exhibit ZILLOW 2005). The
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`following month, MicroStrategy filed the Petition. Motion for Sanctions at 5.
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`On December 12, 2012, Susman Godfrey filed a Motion for Sanctions
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`requesting the judge to award sanctions against MicroStrategy for abuse of the
`
`legal system. Motion for Sanctions at 2. In response, MicroStrategy did not even
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`deny that the Petition was filed in retaliation against Susman Godfrey; instead, they
`
`argued that they cannot be sanctioned for bad faith because the Petition is protected
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`under the First Amendment. Reply in Support of Motion for Sanctions at 1.
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`Regardless of whether Micro Strategy is protected from sanctions, misuse of
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`the inter partes review process for petty harassment against attorneys in an
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`unrelated case should not be encouraged. Furthermore, the Petition's proposed
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`rejections fail to address multiple elements of the '674 patent's claims.
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`Accordingly, the Board should deny all ofMicroStrategy's proposed grounds for
`
`inter partes review.
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`II. Background
`
`The '674 patent is directed to a system and method for using input from a
`
`property's owner "to refine an automatic valuation of the ... property." '674
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`patent, Abstract. Prior systems generally required a professional appraiser to
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`"determine[] a value for a home by comparing some of its attributes to the
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`attributes of similar nearby homes that have recently sold ('comps')." '674 patent,
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`I :33-37. To arrive at a value for a home, the appraiser "subjectively adjust[ed] the
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`sale prices of the comps to reflect differences between the attributes of the comps
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`and the attributes of the home being appraised." '674 patent, I :37-40. In some
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`cases, automatic valuations could be performed; however, these automatic
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`valuations were generated from a database (e.g., public information records) and
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`"without input from each home's owner or other information not in the public
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`database." '674 patent, I :45-49. Thus, prior to the '674 patent, a homeowner was
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`faced with two choices for home valuation: I) pay a professional appraiser, or 2)
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`rely on an automatic appraisal system that could be using incomplete or incorrect
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`information.
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`In contrast, the '674 patent discloses a method for home valuation that
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`makes the owner a direct participant in the valuation process. In particular, the
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`method begins by displaying information relating to an automatic valuation of a
`
`selected property. '674 patent, Figure 14. The automatic valuation may be
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`generated using a geographically specific valuation model, such as using a forest of
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`classification trees model. '674 patent, Fig. 2, 4:47-11:60.
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`After the information for the automatic valuation is displayed, the owner can
`
`update information about home attributes that were used in generating the
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`automatic valuation. '674 patent, Fig. 14. The system then provides a new,
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`refined valuation that reflects the adjustment to the information about the selected
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`property. '674 patent, Fig. 14. In some cases, the refined valuation is generated by
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`applying the geographically specific valuation model to an updated set of attributes
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`corresponding to the owner's adjustment. '674 patent, 13:60-65.
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`III. Brief Description of the Prior Art
`
`The Petition proposes rejections of the independent claims based on U.S.
`
`Patent No. 5,857,174 to Dugan ("Dugan"), U.S. Patent No. 5,414,621 to Hough et
`
`al. ("Hough"), and U.S. Patent Application Pub. No. 2005/0154657 to Kim et al.
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`("Kim"), each of which is briefly described below. In addition, the Petition cites
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`various other references to address dependent claims.
`
`A.
`
`The Dugan Patent
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`Dugan describes real estate appraisal software for determining values for
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`comparable properties. Dugan, Abstract. The software uses a point system
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`(referred to as the Ideal Points System ("IPS")) to quantify various "desirability
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`factors," such as location, neighborhood, facilities, etc. Dugan, Abstract, Fig. 2.
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`During operation, the appraisal software uses the most recent sale price as
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`the starting price for each comparable property. Dugan, 4:5-19. Each comparable
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`property also has IPS points assigned to it either ahead of time or during the
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`appraisal process. Dugan, 4:65-5:7, Fig. 4, 8:20-29. Similarly, IPS values are also
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`assigned to the subject property. Dugan, 5:6-7. After IPS values are available for
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`all properties, the software adjusts the sale price of each comparable property
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`based on a relationship between the comparable property's IPS values and the
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`subject property's IPS values. Dugan, 5:5-25.
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`Dugan does not disclose adjusting the price of the property being valued.
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`Instead, after adjusting the sales prices of the comparable properties, the system
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`simply "determine[s] the appraised value of the real estate, ... based on a
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`comparison of the total IPS value for each comparable property and the total IPS
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`value of the subject property." Dugan, 8:50-55.
`
`B.
`
`The Hough Patent
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`Hough discloses a method for determining values of comparable properties
`
`used in valuing a subject property. Hough, Abstract. In particular, Hough notes
`
`that the standard comparable method analysis ("CMA") method lacks accuracy
`
`because it requires significant guesswork on the part of the appraiser. Hough,
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`I: 14-16. The Hough system improves on the CMA method by using tax
`
`assessment records and average appreciation to determine the value of each
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`comparable property. Hough, Abstract.
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`During operation, the user enters a set of comparable properties
`
`corresponding to a subject property. Hough, Fig. 2, 4:45-57. The system then uses
`
`tax records to determine each comparable property's assessed value for property
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`tax purposes. Fig. 2, 5:12-20. In some instances, the system adjusts the assessed
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`value based on the average appreciation in the area in which the comparable
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`property is located. Hough, 5:67-6:5. The user may also adjust the comparable
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`property's assessed value "to take into account the presence of any home
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`improvements made after the tax assessor set the value of the property or other
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`factors including sale terms." Hough, Fig. 2, 5:21-24. The amount ofthe
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`adjustment "depends on the type of home improvement and is generally set to the
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`current market price to incorporate that feature into a newly built home." Hough,
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`5:25-28.
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`As with Dugan, the system of Hough is designed to adjust the values of
`
`comparable properties, rather than the subject property. Once the values have been
`
`adjusted, the system prints out the adjusted values so that "the user may use the
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`comparative values to set the value of the subject property." Hough, Fig. 2, 5:39-
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`42.
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`C.
`
`The Kim Application
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`Kim discloses an appraisal system that uses information about subjective
`
`property characteristics to determine a valuation for a subject property. Kim,
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`Abstract. After the appraiser enters the subjective property characteristics, an
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`appraisal system determines condition information for comparable properties and
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`estimates a value of the subject property based on the values and conditions of the
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`comparable properties. Kim, Fig. 14, ~~ 53-154.
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`Kim was cited during the original prosecution of the '674 patent. See, e.g.,
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`Final Office Action Mailed February 2, 2011 at 2 (attached as Exhibit ZILLOW
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`2011 ). However, the Examiner withdrew the rejection and did not dispute that
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`Kim failed to disclose obtaining a refined valuation for a home based on input
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`received "from the home's owner." See Response to Final Office Action Filed on
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`March 4, 2011 at 1 (attached as Exhibit ZILLOW 2012).
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`IV. The Petition Fails to Show a Reasonable Likelihood that the Claims of
`the '674 Patent Are Unpatentable
`
`The Petition proposes three grounds for unpatentability for the '674 patent's
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`independent claims:
`
`1. Independent claims 2 and 15 are purportedly anticipated by Dugan
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`(Proposed Ground 2);
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`2. Independent claims 2 and 15 are purportedly anticipated by Hough
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`(Proposed Ground 3);
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`3. Independent claims 1, 2, and 15 are purportedly obvious based on
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`Dugan in view of Kim (Proposed Ground 1 ).
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`As discussed in detail below, the Petition fails to show a reasonable
`
`likelihood that any of the claims of the '674 patent are unpatentable. In particular,
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`1. Regarding Proposed Grounds 1 and 2, Dugan, either individually or in
`
`combination with Kim, fails to teach or suggest modifying a previous
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`valuation, as recited in claims 1, 2, and 15;
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`2. Regarding Proposed Ground 3, Hough fails to disclose adjusting
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`"information about the distinguished property used in the automatic valuation
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`of the property," as recited in claims 2 and 15;
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`3. Regarding Proposed Grounds 1-3, the cited references do not disclose
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`"obtaining user input from the owner," as recited in claims 1 and 2;
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`4. Regarding Proposed Grounds 1 and 2, the cited references do not disclose
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`"obtaining user input" from "a user knowledgeable about the distinguished
`
`home," as recited in claim 15;
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`5. Regarding Proposed Ground 1, the Petition fails to establish a prima facie
`
`case of obviousness for the combination of Dugan and Kim;
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`6. Regarding Proposed Ground 1, the cited references fail to disclose a
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`valuation process that executes the specific steps of claim 1;
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`7. Regarding Proposed Grounds 1 and 4, the cited references fail to disclose
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`every element of several dependent claims, including claims 3, 4, 18, and 30.
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`In addition, every dependent claim is patentable at least by virtue of its
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`dependency on a patentable parent claim. For clarity, the discussion below does
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`not separately discuss these dependent claims.
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`Because of these deficiencies, the Petition fails to show that any of the
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`claims of the '674 patent are likely to be found unpatentable. Accordingly, inter
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`partes review should not be ordered for any claim.
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`V. Dugan Does Not Disclose Modifying an Existing Valuation
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`Proposed Ground 2 alleges that claims 2 and 15 are anticipated by Dugan.
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`In addition, Proposed Ground 1 alleges that claims 1, 2, 5-10, 13-18, 25-27, 29-33,
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`35-37, 39, and 40 are obvious based on Dugan in view of Kim. As discussed
`
`below, the Board should not adopt the proposed grounds at least because Dugan,
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`either alone or in combination with Kim, does not disclose modifying an existing
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`valuation.
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`Claim 2 recites:
`
`2. A computer readable medium for storing contents that causes
`
`a computing system to perform a method for procuring
`
`information about a distinguished property from its owner that is
`
`usable to refine an automatic valuation of the distinguished
`
`property, the method comprising:
`
`displaying at least a portion of information about the
`
`distinguished property used in the automatic valuation of the
`
`distinguished property;
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`obtaining user input from the owner adjusting at least
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`one aspect of information about the distinguished property
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`used in the automatic valuation of the distinguished
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`property; and
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`displaying to the owner a refined valuation of the
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`distinguished property that is based on the adjustment of the
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`obtained user input. (emphasis added)
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`Thus, claim 2 recites displaying an automatic valuation and then generating
`
`a new, "refined" valuation based on information received from the owner.
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`Nothing in Dugan discloses, or even suggests, storing and modifying a prior
`
`valuation. Instead, Dugan merely discloses that the user can revise property
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`records during the appraisal process. See, e.g., Dugan, Fig. 4, #50. According to
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`Dugan, the user may revise the record "if the record contains incorrect
`
`information" or "to input a new set of IPS values," which are "point values ...
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`indicating the score of the property in accordance with an Ideal Point System
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`(IPS)." Dugan, 8:20-29.
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`Thus, Dugan only discloses that the user can modify characteristics of a
`
`particular property to fix errors or change IPS point allocations. Dugan does not
`
`disclose retaining or modifying a previously generated valuation. In particular,
`
`Dugan does not disclose, or even suggest, displaying information relating to a
`
`previously generated valuation and generating a refined valuation based on an
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`adjustment to the property, as recited in claim 2.
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`Kim does not fill this gap. Kim simply discloses an appraisal system that
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`uses subjective property characteristics to generate a property appraisal. Kim,
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`Abstract. The Petition does not, and cannot, argue that Kim discloses modifying a
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`previously generated valuation. Accordingly, Petitioner has failed to show a
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`reasonable likelihood of success for at least this reason.
`
`The Petition's arguments with respect to claims 1 and 15 fail for similar
`
`reasons. For example, claim 15 recites:
`
`15. A method in a computing system for refining an automatic
`
`valuation of a distinguished home based upon input from a user
`
`knowledgeable about the distinguished home, comprising:
`
`obtaining user input adjusting at least one aspect of
`
`information about the distinguished home used in the
`
`automatic valuation of the distinguished home; .
`
`automatically determining a refined valuation of the
`
`distinguished home that is based on the adjustment of the
`
`obtained user input; and
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`presenting the refined valuation of the distinguished home.
`
`(emphasis added)
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`Dugan fails to disclose "obtaining user input adjusting at least one aspect of
`
`information ... used in the automatic valuation of the distinguished home" for the
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`reasons discussed above. Dugan and Kim simply do not disclose receiving user
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`input to adjust a previously performed valuation. Accordingly, the Petition's
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`arguments fail for claim 15, as well.
`
`Claim 1 similarly recites:
`
`1. A method ... for automatically determining a valuation for a
`
`subject home ... , comprising:
`
`presenting a display that includes an indication of a first
`
`valuation determined for the subject home ... , the indicated
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`valuation being determined by applying to the indicated
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`attributes a geographically-specific home valuation model is
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`based upon a plurality of homes near the subject home recently
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`sold;
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`presenting a display that solicits input from the owner
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`that updates one or more of the indicated attributes;
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`For the reasons discussed above, Dugan and Kim also fail to disclose these
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`elements of claim 1. In particular, Dugan and Kim do not disclose presenting a
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`previous valuation and soliciting information to update the valuation.
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`Accordingly, the Board should not adopt Proposed Ground 2 because Dugan
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`fails to disclose every element of claims 2 and 15. Similarly, the Board should not
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`adopt Proposed Ground 1 because Dugan and Kim fail to teach or suggest the
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`elements of claims 1, 2, and 15.
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`VI. Hough Does Not Disclose Modifying "information about the
`distinguished property used in the automatic valuation of the property"
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`Proposed Ground 3 alleges that claims 2 and 15 are anticipated by Hough.
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`As discussed below, the Board should not adopt Proposed Ground 3 at least
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`because Hough does not disclose modifying "information about the distinguished
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`property used in the automatic valuation of the property."
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`Hough fails to disclose every element of claims 2 and 15. For example,
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`claim 2 recites:
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`2. A computer readable medium ... to perform a method ... ,
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`the method comprising:
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`displaying at least a portion of information about the
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`distinguished property used in the automatic valuation of the
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`distinguished property;
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`obtaining user input from the owner adjusting at least
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`one aspect of information about the distinguished property
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`used in the automatic valuation of the distinguished
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`property; and
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`displaying to the owner a refined valuation of the
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`distinguished property that is based on the adjustment of the
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`obtained user input. (emphasis added).
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`Thus, claim 2 recites steps of displaying information about the distinguished
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`property that was previously used to generate an automatic valuation and allowing
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`the owner to modify that information.
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`Hough fails to disclose these features of claim 2. To the extent that Hough
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`discloses an automatic valuation (which Patent Owner does not admit), it can only
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`be the "assessment analysis routine" mentioned in block 28 of Figure 2. Hough
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`discloses that this process computes comparative values of comparable properties
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`"based on the [tax] assessment percentage and average appreciation information
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`for the comparable properties, and the assessment percentage for the subject
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`property." Hough, 5:12-17. That is, the assessment is based entirely on tax
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`assessment percentages and average appreciation. Hough further discloses that the
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`system uses a simple set of mathematical equations to calculate a valuation based
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`on the assessment and appreciation information. Hough, Figure 3, 5:50-6:17.
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`Hough does not disclose displaying or adjusting this information. Rather,
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`Hough discloses that the user can enter new information to "take into account the
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`presence of any home improvements made after the tax assessor set the value of
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`the property or other factors including sale terms." Hough, 5:21-24. However, the
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`original valuation of Hough does not even consider the value of individual
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`features; instead, the valuation is based solely on basic tax information and market
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`statistics (i.e., average appreciation). In fact, the information used to calculate the
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`initial value is determined by external factors (e.g., the local government) that
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`could not be modified by the user under any conditions.
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`Thus, Hough does not disclose (or even suggest) refining a valuation based
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`on a change to information used in a previous valuation, as recited by claim 2. The
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`Petition does not even attempt to address this language of claim 2, focusing instead
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`on Hough's general disclosure of entering information about improvements. See
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`Petition at 40. The Petition, therefore, fails to show a reasonable likelihood that
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`claim 2 is unpatentable over Hough. Claim 15 includes similar language and is
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`also patentable over Hough for the reasons discussed above.
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`Accordingly, the Board should not adopt Proposed Ground 3.
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`VII. The Cited References Do Not Disclose "obtaining user input from the
`owner," as Recited in Claims 1 and 2
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`Proposed Ground 1 alleges that claims 1, 2, 5-10, 13-18, 25-27, 29-33, 35-
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`37, 39, and 40 are obvious based on Dugan in view of Kim. Proposed Ground 2
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`alleges that claims 2 and 15 are anticipated by Dugan. In addition, Proposed
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`Ground 3 alleges that claims 2 and 15 are anticipated by Hough. As discussed
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`below, the Board should not adopt these proposed grounds at least because Dugan,
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`Kim, and Hough do not disclose obtaining user input from a property's owner.
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`-18-
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`Dugan, Hough, and Kim describe systems to be used by an appraiser using a
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`comparative market analysis method to determine a home valuation. The
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`references do not disclose, or even suggest, obtaining input from the owner
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`regarding the property, as recited in claims 1 and 2.
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`A. Hough
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`This failure is particularly stark in the case of Hough. As discussed above,
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`Hough discloses a method for adjusting values of a comparable property in order
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`to provide a better basis for an appraiser to value a subject property. Hough,
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`Abstract. The appraiser then uses the adjusted comparative values to determine a
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`valuation for the subject property. Hough, Fig. 2, 5:39-42. Thus, the person
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`adjusting the property values is not specifically interested in those values- rather,
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`the adjustment is merely a means to the end of determining the value of the subject
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`property. Nothing in Hough teaches that an owner of a house would be interested
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`in adjusting the value of that house for use as a comparable property. The owner
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`of a comparable property has no interest at all in such a task- only an appraiser or,
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`at most, the owner of the subject property would be so interested.
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`The Petition attempts to ignore this element of the claims. In particular, the
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`Petition points to Hough's statement that a goal of the invention is to create a
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`system that is "trusted by sellers, buyers, appraisers, bankers, and investors in the
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`secondary market of mortgages." Hough, 1:33-36. According to the Petition, this
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`means that owners could and would use the system. Petition at 50.
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`This argument does not meet the legal standard for anticipation, which
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`requires that the reference disclose every element of the claims. Petitioner has not
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`shown this. Rather, the Petition states that the owner "may" use the appraisal
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`system of Hough. Petition at 50. This is mere speculation. Even read in the most
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`favorable light, the statement that a system is trusted by a certain group is not the
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`same thing as disclosure that the system is used by that group.
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`In fact, the system of Hough was clearly not designed to be used by owners
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`for their houses. In particular, Hough discloses that the system prints out the
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`adjus