`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DISTICTIVE DEVELOPMENTS, LTD.
`Petitioner
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S. A.
`Patent Owner
`
`Case IPR2013-00391
`U.S. Patent 6,857,067
`
`JOINT STATEMENT
`
`Pursuant to the Board’s Order dated May 29, 2014 (Paper 26), Patent Owner and
`
`Petitioner provide this Joint Statement “to summarize the facts and issue with regard to
`
`Petitioner’s relying on a new reference in its Reply to explain the ‘ALOHA protocol’
`
`mentioned in Deluca, with respect to two-way voice communication.” Paper 26 at 4.
`
`
`
`Facts:
`
`The Amended Petition relied on Deluca at 2:4-3:33, 7:55-62, Fig. 1 and Fig.
`
`3 for teaching the limitations of claims 21 and 22. Paper 11 at 40-41.
`
`Patent Owner’s Response argued that the portable communication devices in
`
`Deluca were “smart pagers,” not cellular telephones, that “Deluca does not disclose that the
`
`pagers are equipped with microphones that would allow two-way voice communications,”
`
`and that “Deluca does not disclose that the portable communication devices may be
`
`used for voice communications, nor are the pagers inherently capable of providing this
`
`function.” Paper 22 at 31-33. PO also argued that Deluca disclosed that a pager operator
`
`must order a software download using a conventional telephone and not the pager itself.
`
`Id.
`
`Petitioners’ Reply noted that “Deluca further expressly discloses the use of the
`
`ALOHA protocol in connection with its portable communication device.” Paper 24 at
`
`15. Petitioners’ expert, Dr. Tygar, opined “[i]t was generally known at the time that the
`
`ALOHA protocol could be used in two-way cellular voice communications.” Ex. 1015
`
`at ¶10. Dr. Tygar cited the Zorzi reference as an example of this general knowledge. Id.
`
`Deluca’s reference to the “ALOHA protocol” occurs at 13:52-55.
`
`Issue:
`
`Whether the Board should consider the teachings of the Zorzi reference
`
`(Ex. 1016), introduced in Petitioner’s Reply (Paper 24), to determine whether Deluca’s
`
`reference to the “ALOHA protocol” discloses two-way voice communication.
`
`1
`
`
`
`Date: June 27, 2014
`
`Respectfully submitted,
`
`/ Gregory S. Cordrey
`Gregory S. Cordrey
`Reg. No. 44,089
`Jeffer Mangels Butler & Mitchell LLP
`3 Park Plaza, Suite 1100
`Irvine, CA 92614
`949-623-7236 (direct)
`
`/ Sean D. Burdick
`Sean D. Burdick
`Reg. No. 51,513
`Uniloc USA, Inc.
`Legacy Town Center
`7160 N. Dallas Parkway, Suite 380
`Plano, TX 75024
`972-905-9580
`
`Date: June 27, 2014
`
`Respectfully submitted,
`
`/ Eric A. Buresh
`Eric A. Buresh
`Megan J. Redmond
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`
`2
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