Paper No.
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`___________________
`
`
`
`XILINX, INC.
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES MANAGEMENT, LLC,
`Patent Owner.
`
`
`
`Inter Partes Review No. IPR2013-00112
`Patent No. 5,779,334
`
`
`
`
`
`__________________________________________________________________
`
`TRIAL PRESENTATION OF PETITIONER XILINX, INC.
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`___________________
`
`
`
`XILINX, INC.
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES MANAGEMENT, LLC,
`Patent Owner.
`
`
`
`Inter Partes Review No. IPR2013-00112
`Patent No. 5,779,334
`
`
`
`
`
`__________________________________________________________________
`
`TRIAL PRESENTATION OF PETITIONER XILINX, INC.
`
`
`
`
`
`
`Attached hereto is a copy of Petitioner Xilinx, Inc.’s trial presentation.
`
`
`
`
`
`Respectfully submitted,
`
`/David L. McCombs/
`David L. McCombs
`Registration No. 32,271
`HAYNES AND BOONE, LLP
`Customer No. 27683
`Telephone: 214/651-5533
`Facsimile: 214/200-0853
`Attorney Docket No.: 42299.41
`
`
`Dated: January 24, 2014
`
`
`
`
`
`
`
`
`Trial PresentationTrial Presentation
`
`Of PetitionerOf Petitioner
`
`Xilinx, Inc.Xilinx, Inc.
`IPR2013-00112
`
`
`
`By:By:
`
`
`David McCombsDavid McCombs
`
`Thomas KingThomas King
`
`Haynes and Boone, LLPHaynes and Boone, LLP
`
`1
`
`
`
`
`
`OverviewOverview
`
`Technical Summary
`Disputed Issues
`–Takanashi Light-Shutter Matrix
`–Takanashi Equivalent Switching
`Matrices
`–Lee Video Controller
`Rebuttal
`
`2
`
`
`
`
`
`‘334 Patent‘334 Patent
`
`3
`
`
`
`
`
`Takanashi and LeeTakanashi and Lee
`
`4
`
`
`
`
`
`OverviewOverview
`
`Technical Summary
`Disputed Issues
`–Takanashi Light-Shutter Matrix
`–Takanashi Equivalent Switching
`Matrices
`–Lee Video Controller
`Rebuttal
`
`5
`
`
`
`
`A write-light based projector uses aA write-light based projector uses a
`
`“light shutter matrix system”“light shutter matrix system”
`
`Takanashi Figure 8
`
`6
`
`
`
`
`IV argues that Takanashi is not a matrixIV argues that Takanashi is not a matrix
`
`because it is formed frombecause it is formed from
`
`“continuous layers of material”“continuous layers of material”
`
`“Takanashi illustrates and describes that
`each device . . . is just such a non-matrix
`structure, formed of continuous layers of
`material, rather than any rectangular
`arrangement of elements capable of
`limiting the passage of light.”
`[IV Response, Paper No. 26 at 23]
`
`7
`
`
`
`
`“Optically Addressed” vs. “Electrically“Optically Addressed” vs. “Electrically
`
`Addressed” Spatial Light ModulatorsAddressed” Spatial Light Modulators
`
`“A person having ordinary skill in the art
`in 1995 would consider the SLM in
`Takanashi to be an ‘optically addressed’
`SLM or ‘OASLM.’ . . . The ‘optical’
`addressing refers to the fact that the
`write light controls the image encoded
`on the SLM (as opposed to electrically
`addressed SLM (‘EASLMS’), such as those
`described in the specification of the ’334
`patent, which use electrical circuits to
`encode the SLM).”
`
`Exh. 1012 (Buckman Decl.) at 8.
`
`8
`
`
`
`
`OASLMs and EASLMS create an imageOASLMs and EASLMS create an image
`
`by controlling a continuous liquidby controlling a continuous liquid
`
`crystal layercrystal layer
`
`“An OASLM controls the liquid crystal by
`shining the write light at a photosensitive
`material (i.e., a material that takes on an
`electric charge in response to light). By
`shining the write light at some areas and
`not others, an ‘image’ of electric charge
`is created on the photosensitive
`material. The continuous liquid crystal
`layer changes states in response to this
`charge ‘image.’”
`
`Exh. 1012 (Buckman Decl.) at 8.
`
`9
`
`
`
`
`OASLMs and EASLMS create an imageOASLMs and EASLMS create an image
`
`by controlling a continuous liquidby controlling a continuous liquid
`
`crystal layercrystal layer
`
`“[I]n an EASLM, electric circuitry such as
`transistors and capacitors are used to
`generate an electric charge “image.” The
`continuous liquid crystal layer changes
`states in response to this charge
`“image,” just as in the OASLM. In either
`instance, visible light passing through the
`continuous liquid crystal layer will
`receive the image encoded by the
`electric charge.”
`
`Exh. 1012 (Buckman Decl.) at 8.
`
`10
`
`
`
`
`IV’s expert admits that the ‘334 patentIV’s expert admits that the ‘334 patent
`
`uses a “continuous” liquid crystal layeruses a “continuous” liquid crystal layer
`
`Is the liquid crystal layer in the ‘334
`“Q.
`and the ‘545 patents a continuous layer?
`A. Yes, it is.”
`
`[Smith Gillespie Tr. Ex. 1014 at 174:4-11]
`
`11
`
`
`
`
`OASLMs and EASLMS organizeOASLMs and EASLMS organize
`
`continuous liquid crystal into rows andcontinuous liquid crystal into rows and
`
`columns of pixelscolumns of pixels
`
`“In practical applications, EASLMs and
`OASLMs are also similar in that they
`create images out of rows and columns.
`In either type of projection system,
`images are created by organizing the
`continuous liquid crystal layer into a
`pixelated matrix of rows and columns.
`Each pixel in the liquid crystal matrix
`permits or limits the passage of light
`according to the electric field near that
`location. The electric field is also
`organized into rows and columns.”
`Exh. 1012 (Buckman Decl.) at 9.
`
`12
`
`
`
`
`OASLMs and EASLMS organizeOASLMs and EASLMS organize
`
`continuous liquid crystal into rows andcontinuous liquid crystal into rows and
`
`columns of pixels using electric fieldscolumns of pixels using electric fields
`
`“In a typical EASLM, the liquid crystal
`rows and columns correspond to the
`locations where electric fields are
`created by the electrical elements
`fabricated on or in the glass. In OASLM
`systems, the liquid crystal rows and
`columns correspond to the locations
`where electric fields are created by the
`write light hitting the photosensitive
`elements.”
`
`Exh. 1012 (Buckman Decl.) at 9.
`
`13
`
`
`
`
`Video systems like Takanashi displayedVideo systems like Takanashi displayed
`
`pixelated images in rows and columnspixelated images in rows and columns
`
`[Ex. 1015 at 555-56]
`
`14
`
`
`
`
`
`OverviewOverview
`
`Technical Summary
`Disputed Issues
`–Takanashi Light-Shutter Matrix
`–Takanashi Equivalent Switching
`Matrices
`–Lee Video Controller
`Rebuttal
`
`15
`
`
`
`
`Takanashi Has Equivalent SwitchingTakanashi Has Equivalent Switching
`
`MatricesMatrices
`
`Takanashi Fig. 17
`
`16
`
`
`
`
`In the ‘334 action, the Board found aIn the ‘334 action, the Board found a
`
`threshold showing of “equivalentthreshold showing of “equivalent
`
`switching matrices”switching matrices”
`
`“Petitioner has made a threshold
`showing with respect to the alleged
`switching matrices, which correspond to
`each other and, apart from allowing
`different colors of light (red, green, or
`blue) to pass through, appear to function
`in the same manner.”
`[Institution Decision, Paper No. 14 at 21]
`
`17
`
`
`
`
`Construction of “equivalentConstruction of “equivalent
`
`switching matrices”switching matrices”
`
`Board Construction in ‘334 IPR
`Switching matrices that are corresponding or
`virtually identical in function or effect.
`
`[Institution Decision, Paper No. 14 at 12]
`IV Construction
`Switching matrices that are virtually identical in
`function and effect.
`
`[IV Response, Paper No. 26 at 18-20]
`MW Dictionary Definition of “Equivalent”
`“corresponding or virtually identical esp[ecially] in
`effect or function.”
`
`[Ex. 2001]
`
`18
`
`
`
`
`In the ‘334 action, The Board modifiedIn the ‘334 action, The Board modified
`
`IV’s proposed constructionIV’s proposed construction
`
`“We disagree with Patent Owner’s
`proposed interpretation, however,
`because it removes the word
`‘corresponding’ from the dictionary
`definition.”
`
`[Institution Decision, Paper No. 14 at 12]
`
`19
`
`
`
`
`IV argues that the ‘334 specificallyIV argues that the ‘334 specifically
`
`distinguishes the Takanashi systemdistinguishes the Takanashi system
`
`“Such a system of filters is specifically
`described as different from equivalent
`monochrome LCD arrays in the
`specification of the ‘334 patent. (See Col.
`2, lines 3-18). (See also Mr. Smith-
`Gillespie’s declaration, Ex. 2008 at ¶ 28).”
`[IV Response, Paper No. 26 at 31]
`
`20
`
`
`
`
`IV’s expert admits that IV’s argument isIV’s expert admits that IV’s argument is
`
`incorrectincorrect
`
`“It's not as specifically described in the
`‘334 patent. It's different than the
`system described in the ‘334 patent.”
`[Ex. 1014 (Smith-Gillespie Tr.) at 220:3-20]
`
`21
`
`
`
`
`IV argues that the ‘334 patent identifiesIV argues that the ‘334 patent identifies
`
`advantages over the type of system usedadvantages over the type of system used
`
`by Takanashi:by Takanashi:
`
`“[T]he specification of the ’334 patent
`identifies several advantages that are
`realized in a system which uses
`equivalent switching matrices, such as a
`“triple monochrome LCD structure,”
`(col.2, lines 8-9), over systems such as
`Takanashi.”
`
`[IV Response, Paper No. 26 at 32]
`
`22
`
`
`
`
`IV’s expert admits that this argument isIV’s expert admits that this argument is
`
`also incorrectalso incorrect
`
`“Q. Okay. So is it fair to say that that
`last portion of the sentence where it says
`over systems such as those described in
`Takanashi isn't really accurate?
`A. Again, it's going back to the '334
`patent comparison between LCD types.
`And Takanashi is not a typical LCD. So
`yeah, that's probably not accurate.”
`[Ex. 1014 (Smith-Gillespie) at 221:25-222:15]
`
`23
`
`
`
`
`
`OverviewOverview
`
`Technical Summary
`Disputed Issues
`–Takanashi Light-Shutter Matrix
`–Takanashi Equivalent Switching
`Matrices
`–Lee Video Controller
`Rebuttal
`
`24
`
`
`
`
`Timeline Of Correction to LeeTimeline Of Correction to Lee
`
`Video Controller TestimonyVideo Controller Testimony
`
`Institution Decision
`6/27/2013
`
`Buckman Deposition
`Corrects Lee Video
`Controller Testimony
`8/7/2013
`
`Patent Owner
`Response
`8/27/2013
`
`Petition Filed in
`IPR 2013-112
`1/15/2013
`
`2013
`
`Jan
`
`Jun
`
`Jul
`
`Aug
`
`2013
`
`25
`
`
`
`
`IV’s expert does not dispute that LeeIV’s expert does not dispute that Lee
`
`discloses a video controllerdiscloses a video controller
`
`Q. Did you see where Dr. Buckman
`corrected his opinion to identify element
`20 in Lee as a video controller?
`A. Okay. I don't recall that, but I read
`through it and knew that he was pointing
`to something else. So whether it was
`that or one of the other 21 or 22, I'm not
`sure.
`
`[Ex. 1013 at 99:2-20]
`
`26
`
`
`
`
`IV’s expert does not dispute that LeeIV’s expert does not dispute that Lee
`
`discloses a video controllerdiscloses a video controller
`
`Cont’d:
`“Q. Okay. I see that your declaration
`doesn't have a response to Dr.
`Buckman's testimony in that point; is
`that right?
`A. No, I didn't respond to that.
`Q. All right. So that's just not an
`opinion that you've expressed in your
`declaration, if you have one on that
`point?
`A.
`I don't have one on that point, I
`guess.”
`
`[Ex. 1013 at 99:2-20]
`
`27
`
`
`
`
`IV’s expert admits that all videoIV’s expert admits that all video
`
`projection systems have video controllersprojection systems have video controllers
`
`Q. Is it your testimony that any real video
`projection system in 1996 would have had a
`video controller?
`A. Yes. That was my testimony yesterday, I
`think.
`Q. Yes. And is that still your testimony today?
`A. Yes.
`
`[Smith-Gillespie, Ex. 1014 at 206:8-13]
`
`28
`
`
`
`
`IV argues that its expert did not make aIV argues that its expert did not make a
`
`broad admission on video controllersbroad admission on video controllers
`
`“Xilinx’s assertion that IV’s expert
`admitted that “any real video projection
`system in 1996” “would have a video
`controller” is selective and incomplete.
`. . .
`Immediately after that testimony, IV’s
`expert clarified that: not ‘every video
`projection system would include a,
`quote, video controller adapted for
`controlling the light shutter matrices.’”
`[Paper No. 43 (in IPR 2013-29) at 5 (emphasis in original)]
`
`29
`
`
`
`
`IV’s expert admitted that liquid crystalIV’s expert admitted that liquid crystal
`
`display projectors have video controllersdisplay projectors have video controllers
`
`“Q And those video projection systems that
`used active matrix LCDs in 1996, those systems
`would have had some kind of module that
`controlled the light shutter matrices inside the
`system, right?
`A That’s correct.
`Q And those same systems in 1996 would have
`had a video controller that decoded [a] video
`signal, correct?
`A Uh, that – well, if it was a video projector,
`then yes, it would have to have that.”
`[Ex. 1014 (Smith-Gillespie) at 211:20-212:7]
`
`30
`
`
`
`
`“Video Controller Adapted For“Video Controller Adapted For
`
`Controlling The Light-Shutter Matrices”Controlling The Light-Shutter Matrices”
`
`Board Construction
`A component that controls light-shutter matrices
`to facilitate the display of video.
`
`IV Construction
`A component that controls light-shutter matrices
`to facilitate the display of video in accordance with
`a video signal.
`
`31
`
`
`
`
`IV’s construction reads in a limitationIV’s construction reads in a limitation
`
`from the specificationfrom the specification
`
`[IV Response, Paper No. 26 at 17]
`
`32
`
`
`
`
`
`OverviewOverview
`
`Technical Summary
`Disputed Issues
`–Takanashi Light-Shutter Matrix
`–Takanashi Equivalent Switching
`Matrices
`–Lee Video Controller
`Rebuttal
`
`33
`
`
`
`
`
`Claim 15 (substitute for Claim 3)Claim 15 (substitute for Claim 3)
`
`Claim Limitation
`
`The video projector system of claim 2, wherein
`the three color filters comprise one each of red,
`green, and blue filters, and wherein the video
`projector system further comprises:
`a second controller adapted to control the three
`white-light sources; and
`
`Prior Art
`Reference
`Takanashi/
`Lee
`
`Lee/
`Miyashita
`
`a control link adapted to connect the video
`controller to the second controller to provide
`individualized variable control of each of the
`three white-light sources.
`
`Lee/
`Miyashita
`
`34
`
`
`
`
`
`Claim 16 (substitute for Claim 12)Claim 16 (substitute for Claim 12)
`
`Claim Limitation
`
`The video projector system of claim 11 wherein
`the splitter divides the beam of white light into
`three separate beams of colored light, one red,
`one green, and one blue, further comprising:
`a second controller adapted to control the
`source; and
`
`Prior Art
`Reference
`Takanashi/
`Lee
`
`Lee/
`Miyashita
`
`a control link adapted to connect the video
`controller to the second controller to provide
`variable control of the source.
`
`Lee/
`Miyashita
`
`35
`
`
`
`
`IV’s substitute claims do not respond toIV’s substitute claims do not respond to
`
`a ground of unpatentabilitya ground of unpatentability
`
`“Scope. A motion to amend may be
`denied where:
`(i) The amendment does not
`respond to a ground of
`unpatentability involved in the
`trial.”
`
`37 C.F.R. § 42.121(a)(2)(i)
`
`36
`
`
`
`
`IV’s substitute claims do not respond toIV’s substitute claims do not respond to
`
`a ground of unpatentabilitya ground of unpatentability
`
`“In the context of the claim element
`added by Bergstrom, it is essential to
`know whether such methods of
`operations pre-existed in other contexts,
`and, if so, how they worked. Although
`Bergstrom is not expected to know of all
`pre-existing prior art, it is expected,
`reasonably, to indicate that it is unaware
`of the above-noted manners of
`operation in any context, if in fact it is
`unaware.
`Cont’d.
`Idle Free Systems v. Bergstrom, Inc., IPR2012-0027, Paper No. 66
`(January 7, 2014)
`
`37
`
`
`
`
`IV’s substitute claims do not respond toIV’s substitute claims do not respond to
`
`a ground of unpatentabilitya ground of unpatentability
`
`Cont’d
`Otherwise, it is expected, reasonably to
`explain such pre-existing manners of
`operation, and why it would not have
`been applicable to render the invention
`of claim 24 obvious to one with ordinary
`skill in the art.
`Idle Free Systems v. Bergstrom, Inc., IPR2012-0027, Paper No. 66
`(January 7, 2014)
`
`38
`
`
`
`
`Lee Teaches A Second Controller WithLee Teaches A Second Controller With
`
`Individualized Variable Control OverIndividualized Variable Control Over
`
`Three Light SourcesThree Light Sources
`
`“Q. . . . [D]oes controller 18 provide
`individualized variable control of each of
`the individual light sources?
`A. Yes. It shows that it does.
`Lee Figure 1; Smith Gillespie Tr. (Ex. 1013) at 158:2-5.
`
`39
`
`
`
`
`IV argues that item 32 of Miyashita isIV argues that item 32 of Miyashita is
`
`not a “video controller”not a “video controller”
`
`“One of ordinary skill would not consider
`Miyashita’s ‘control unit 32’ to be a
`video controller.”
`
`[Paper No. 35 at 4]
`
`40
`
`
`
`
`Figure 3 of Miyashita Shows A SecondFigure 3 of Miyashita Shows A Second
`
`Controller And A Control LinkController And A Control Link
`
`Video
`Controller
`
`Second
`Controller
`
`Control Link
`
`41
`
`
`
`
`IV argues that item 32 of Miyashita isIV argues that item 32 of Miyashita is
`
`not a “video controller”not a “video controller”
`
`“FIG. 3 is exemplary microprocessor-
`based implementation of [liquid crystal
`video projector] 30. The functions of
`control unit 32 are all implemented by a
`microprocessor system. . . . Digital
`interfaces are made via the I/O port 93
`to control input 60, display 62, . . . .”
`[Ex. 1010 (Miyashita) at 5:22-42]
`
`42
`
`
`
`
`Item 32 of Miyashita includes a videoItem 32 of Miyashita includes a video
`
`controllercontroller
`
`[Ex. 1010, Fig. 2]
`
`43
`
`
`
`
`Trial PresentationTrial Presentation
`
`Of PetitionerOf Petitioner
`
`Xilinx, Inc.Xilinx, Inc.
`
`IPR2013-00112
`
`
`
`By:By:
`
`
`David McCombsDavid McCombs
`
`Thomas KingThomas King
`
`Haynes and Boone, LLPHaynes and Boone, LLP
`
`44
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.205, that
`
`service was made on the Patent Owner as detailed below.
`
`Date of service January 24, 2014
`
`Manner of service FEDERAL EXPRESS
`
`Documents served Trial Presentation of Petitioner Xilinx, Inc.
`
`Persons served GEORGE E. QUILLIN
`FOLEY & LARDNER LLP
`3000 K STREET, N.W., SUITE 600
`WASHINGTON DC 20007-5109
`gquillin@foley.com
`Telephone: 202-672-5300
`
`
`
`
`
`
`/David L. McCombs/
`David L. McCombs
`Registration No. 32,271
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
