Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`
`Paper 18
`Entered: May 9, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WAVEMARKET INC. d/b/a LOCATION LABS
`Petitioner
`
`v.
`
`LOCATIONET SYSTEMS LTD.
`Patent Owner
`____________
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`Before KRISTEN L. DROESCH, GLENN J. PERRY, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`
`Paper 18
`Entered: May 9, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WAVEMARKET INC. d/b/a LOCATION LABS
`Petitioner
`
`v.
`
`LOCATIONET SYSTEMS LTD.
`Patent Owner
`____________
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`Before KRISTEN L. DROESCH, GLENN J. PERRY, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`I. INTRODUCTION
`
`A. Background
`
`Wavemarket, Inc. d/b/a Location Labs (collectively “Petitioner”) filed
`
`a Petition1 (Paper 6) (“Pet.”) to institute an inter partes review of claims
`
`1–19 (“the challenged claims”) of U.S. Patent No. 6,771,970 B1 (“the ’970
`
`Patent”). See 35 U.S.C. § 311. LocatioNet Systems Ltd. (“Patent Owner”)
`
`filed a Preliminary Response (Paper 12) (“Prelim. Resp.”) to the Petition.
`
`We conclude that, under 35 U.S.C. § 314(a), Petitioner demonstrates a
`
`reasonable likelihood of prevailing with respect to at least one of the
`
`challenged claims.
`
`B. Related Proceedings
`
`Petitioner indicates the ’970 Patent is at issue in the following actions
`
`(Pet. 2):
`
`(1) CallWave Communications, LLC v. AT&T Mobility, LLC, No.
`
`1:12-cv-01701-RGA (D. Del.);
`
`(2) CallWave Communications, LLC v. Sprint Nextel Corp., No. 1:12-
`
`cv-01702-RGA (D. Del.);
`
`(3) CallWave Communications, LLC v. T-Mobile USA Inc., No.1: 12-
`
`cv-01703-RGA (D. Del.);
`
`(4) CallWave Communications, LLC v. Verizon Communications Inc.,
`
`No. 1:12-cv-01704 (D. Del.); and
`
`(5) CallWave Communications, LLC v. AT&T Mobility LLC, No. 1:12-
`
`cv-01788 (D. Del.).
`
`
`
`1 Throughout this Decision, we refer to the corrected Petition filed on
`December 13, 2013.
`
`
`2
`
`
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`C. The ’970 Patent (Ex. 1001)
`
`The ’970 Patent relates to a system and method for location tracking
`
`of mobile platforms. Ex. 1001, Abs.; col. 2, ll. 2–28; col. 3, ll. 4–24.
`
`Figure 1 of the ’970 Patent, reproduced below, schematically depicts a
`
`location tracking system. Id. at col. 3, ll. 31–32.
`
`
`
`Figure 1 illustrates mobile platforms, including mobile telephone 21, car 22,
`
`laptop 23, and briefcase 24, and location tracking systems 11, 12, 13, 14 that
`
`communicate with communication subsystem 3 of location determination
`
`system 1. Id. at col. 3, l. 44–col. 4, l. 11. Location determination system 1
`
`is linked to database 2 and map server 4 that accesses map database 5. Id. at
`
`col. 4, ll. 12–22. Location determination system 1 hosts website 50 on
`
`Internet 30. Id. at col. 4, ll. 23–28. A subscriber to location determination
`
`system 1, and equipped with computer 60 running an internet browser, logs
`
`on to website 50 and selects mobile platform 21–24 for which the location is
`
`sought. Id. at col. 4, ll. 29–39. The request is passed from web site 50 to
`
`location determination system 1, which accesses database 2 to determine the
`
`
`
`
`
`3
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`appropriate location tracking system (11–14) for locating the subscriber-
`
`selected mobile platform. Id. at col. 4, ll. 39–42; see id. at col. 4, ll. 12–15.
`
`Location determination system 1 passes the request and the details of the
`
`appropriate location tracking system (11–14) to communication subsystem
`
`3. Id. at col. 4, ll. 42–45. Communication subsystem 3 formats the request
`
`for transmission to the respective location tracking system, and transmits the
`
`request. Id. at col. 4, ll. 46–48; see id. at col. 4, ll. 6–11; col. 5, l. 51–col. 6,
`
`l. 2. Respective location tracking system 11–14 receives the request,
`
`determines the location of the requested mobile platform, and transmits the
`
`location information back to communication subsystem 3. Id. at col. 4, ll.
`
`48–52; see id. at col. 6, ll. 2–11. Communication subsystem 3 associates the
`
`location information with the request and passes it to location determination
`
`system 1, which passes the location of the requested mobile platform 21–24
`
`to map server 4. Id. at col. 4, ll. 52–56. Map server 4, using a map engine,
`
`obtains a map of the area in which the requested mobile platform 21–24 is
`
`located, marks the position of the mobile platform on the map, and passes it
`
`to location determination system 1. Id. at col. 4, ll. 56–59. The map is then
`
`passed to the web browser running on subscriber’s computer 60. Id. at col.
`
`4, ll. 60–61; see id. at col. 5, ll. 19–24.
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`D. Illustrative Claims
`
`
`
`Claims 1 and 18, reproduced below, are illustrative of the claims at
`
`issue (emphasis added):
`
`1. A system for location tracking of mobile platforms,
`each mobile platform having a tracking unit; the system
`including:
`a location determination system communicating through
`a user
`interface with at
`least one
`subscriber;
`said
`communication including inputs that include the subscriber
`identity and the identity of the mobile platform to be located;
`a communication system communicating with said
`location determination system for receiving said mobile
`platform identity; and,
`a plurality of remote tracking systems communicating
`with said communication system each of the remote tracking
`systems being adapted to determine the location of a respective
`mobile platform according to a property that is predetermined
`for each mobile platform for determining the location of the
`mobile platform;
`wherein said location determination system is arranged
`to determine an appropriate one of the plurality of remote
`tracking systems, the appropriate remote tracking system
`receiving
`said mobile
`platform
`identity
`from
`said
`communication system and returning mobile platform location
`information, said communication system being arranged to pass
`said mobile platform location information to said location
`determination system;
`said location determination system being arranged to
`receive said mobile platform location information and to
`forward it to said subscriber.
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`18. A system for location tracking of mobile platforms,
`each of which is equipped each with a tracking unit, each being
`adapted to determine the location of a respective mobile
`platform according to a property that is predetermined for each
`mobile platform; the system comprising:
`(a) a location server communicating through a user
`interface with at least one subscriber equipped with a browser;
`said communication having inputs that include at least the
`subscriber identity, the mobile platform identity and map
`information;
`(b) at least one mobile platform location system coupled
`to said location server for receiving the mobile platform identity
`and map information that pertain to mobile platforms associated
`with the respective mobile platform location system; each one
`of said mobile platform location systems being associated with
`a map database and map engine for manipulating said map
`database;
`(c) at least one remote tracking service communicating
`with said respective mobile platform location system for
`receiving mobile platform identity and returning mobile
`platform location information;
`the at least one mobile platform location system being
`adapted to receive said mobile platform location information
`and access said map database for correlating map to said
`location information, so as to obtain correlated location
`information;
`the
`to receive
`said
`location server being adapted
`correlated location information and forward them to said
`browser.
`
`II. ANALYSIS
`
`A. Claim Construction
`
`
`
`Petitioner presents explicit constructions for the following claim terms
`
`and phrases: “mobile platforms,” “a location determination system,”
`
`“a communication system,” “a plurality of remote tracking systems,” “said
`
`communication including inputs that include the subscriber identity and the
`
`
`
`
`
`6
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`identity of the mobile platform to be located,” and “accepting inputs from a
`
`subscriber identifying one or more mobile platforms to be located.” Pet. 9–
`
`10. Patent Owner does not provide any explicit claim constructions. See
`
`Prelim. Resp. 1–13. For purposes of this Decision, no explicit construction
`
`is necessary for the aforementioned claim terms and phrases beyond their
`
`ordinary and customary meanings.
`
`
`
`All other terms in the challenged claims need not be construed for
`
`purposes of this Decision.
`
`B. Asserted Grounds of Unpatentability
`
`
`
`Petitioner contends the challenged claims are unpatentable under 35
`
`U.S.C. §§ 102(e) and 103(a) on the following specific grounds (Pet. 4–5):
`
`Reference[s]2
`Elliot
`Elliot in view of Fitch
`Elliot in view of Jones
`Elliot in view of Fitch and Jones
`Elliot in view of Shah
`Elliot in view of Fitch and Shah
`Fitch
`Fitch in view of Jones
`Fitch in view of Shah
`Fitch in view of Elliot
`
`Claims Challenged
`Basis
`§ 102(e) 1–3, 6–19
`§ 103(a) 1–3, 6–19
`§ 103(a) 4
`§ 103(a) 4
`§ 103(a) 5
`§ 103(a) 5
`§ 102(e) 1–3, 11–14, 16, and 19
`§ 103(a) 4
`§ 103(a) 5
`§ 103(a) 6–10, 15, 17, and 18
`
`
`The Petition also relies on the Declaration of Dr. Scott Hotes (Ex. 1013).
`
`
`
`2 The Petition relies on the following references: U.S. Patent No. 6,243,039
`B1 (Ex. 1003) (“Elliot”); U.S. Patent No. 6,321,092 B1 (Ex. 1004) (“Fitch”);
`U.S. Patent No. 6,741,927 B2 (Ex. 1005) (“Jones”); and U.S. Patent No.
`5,758,313 (Ex. 1006) (“Shah”).
`
`
`7
`
`
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`1. 35 U.S.C. § 102(e) Ground of Unpatentability over Elliot
`
`Petitioner contends that claims 1–3, and 6–19 are unpatentable under
`
`35 U.S.C. § 102(e) as anticipated by Elliot. Pet. 4, 13–15, 17–36.
`
`a. Elliot
`
`Elliot describes a wireless communications system which tracks the
`
`current and historical locations of a device worn or carried by a person, and
`
`provides widely available access to the data referencing these locations. Ex.
`
`1003, col. 2, ll. 29–35.
`
`Figure 1 of Elliot, reproduced below, depicts the network architecture
`
`of the system. Id. at col. 4, ll. 18–19.
`
`
`
`Figure 1 illustrates device 12 worn or carried by a child, GPS (Global
`
`Positioning System) satellite 14, ground based position systems 15, central
`
`receiver-transmitter 16, and central control system 20. Id. at col. 4, l. 52–
`
`col. 5, l. 46. Device 12 includes circuitry standard to GPS locator devices
`
`and paging/cellular communications devices. Id. at col. 6, ll. 13–15. Device
`
`12 receives broadcast signals from each of three GPS satellites 14,
`
`
`
`
`
`8
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`triangulates the three signals, and determines the coordinates of the current
`
`location of device 12. Id. at col. 4, ll. 55–58. “Similarly, signals may be
`
`received from [] ground based position system 15. [G]round based position
`
`system 15 generally rides on a sub carrier in the cellular bandwidth inside
`
`the cells.” Id. at col. 4, ll. 59–62. Ground based position systems 15 may be
`
`used as a primary locator system with GPS satellites 14 used as a backup, or
`
`ground based position systems 15 may be used as a backup system when
`
`GPS satellites 14 are used as a primary locator system. Id. at col. 4, ll. 62–
`
`65. Device 12 encodes the location coordinates into a data package and
`
`sends the data to central receiver-transmitter 16, which may be any type of
`
`cellular transmission system. Id. at col. 4, l. 66–col. 5, l. 5. Device 12
`
`transmits its data signal after any of the following events: (1) when
`
`triggered by an internal timer on a periodic basis; (2) when an emergency
`
`button on device 12 is pressed; and (3) after receiving a second signal from
`
`central control system 20, which may be generated by a timer or scheduler,
`
`generated in accordance with specified criteria, or generated when a parent
`
`requests an automatic real-time update via a web page provided by central
`
`control system 20. Id. at col. 5, ll. 13–28. The data signal transmitted by
`
`device 12 generally includes the current GPS coordinates, the current time,
`
`the device identification code of transmitting device 12, and an activation
`
`indicator. Id. at col. 5, ll. 32–35. Central receiver-transmitter 16 receives
`
`the transmission from device 12 and forwards the data signal to centralized
`
`control system 20. Id. at col. 5, ll. 41–43.
`
`
`
`
`
`9
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`
`Figure 3 of Elliot, reproduced below, depicts the process architecture
`
`of central control system 20. Id. at col. 4, ll. 22–23; col. 6, ll. 18–19.
`
`
`
`That central control system of Figure 3 includes GPS/device information
`
`database 26, translation process 28, translated record database 30, and web
`
`server 34. Id. at col. 6, ll. 31–65; col. 7, ll. 1–13. Central control system 20
`
`receives data from device 12 via central receiver-transmitter 16, decodes the
`
`data from the transmission message, and stores the data in GPS/device
`
`information database 26. Id. at col. 6, ll. 22–24, 31–32, 35–36. The data
`
`generally include the current GPS coordinates of device 12, the current time
`
`stamp, device identification code, and activation indicator. Id. at col. 6, ll.
`
`32–34. Translation process 28 translates the GPS coordinates to a
`
`commonly recognized location reference. Id. at col. 6, ll. 37–38. The
`
`translated data signals are stored as records in translated record database 30.
`
`Id. at col. 6, ll. 64–65. Web server 34 functions as a web interface for
`
`central control system 20 to enable web access to central control system 20.
`
`Id. at col. 7, ll. 1–5. In order for a subscriber parent to access web server 34,
`
`
`
`
`
`10
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`an authentication procedure is performed to validate the subscriber parent’s
`
`identity and authorize access to the location data. Id. at col. 7, ll. 17–27.
`
`Web server 34 provides the subscriber parent with the location data stored in
`
`translated record database 30 by transmitting a graphical map display
`
`embedded in a web page by incorporating a graphic source file for the map
`
`into an HTML page as a graphics file “image” (i.e., map source file,
`
`graphics image source file, GIF), and including the current GPS coordinates
`
`of device 12 depicted on the map with a distinguishing mark “X.” Id. at col.
`
`6, ll. 47–50; col. 7, ll. 6–13; col. 9, ll. 12–42. Maps of non-local areas are
`
`also available. Id. at col. 9, l. 10; see also id. at col. 3, ll. 2–4 (web server 34
`
`with its associated files provides graphical maps).
`
`Figure 4 of Elliot, reproduced below, depicts a web page displaying a
`
`local area map with distinctive mark(s) pointing to the location of device 12.
`
`Id. at col. 4, ll. 24–26.
`
`Figure 4 illustrates the web page including local area map 44 with mark “X”
`
`pointing to current location of device 12, and selection options 46, 48, and
`
`
`
`
`
`
`
`11
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`50 for enabling various functions. Id. at col. 9, ll. 5–9, 48–49. “Current
`
`Location” button 46 displays an “X” on the map to designate the child’s
`
`current location as associated with the most recent time stamp. Id. at col. 9,
`
`ll. 49–52. “History” button 48 displays one or more “X”’s, with time stamps
`
`next to each to designate the trail of historical locations. Id. at col. 9, ll. 52–
`
`54. “Request Query” button 50 activates central control system 20 to send a
`
`signal to device 12, triggering device 12 to transmit its current location data
`
`signal back to central control system 20. Id. at col. 9, ll. 55–58; see id. at
`
`col. 5, ll. 23–28; col. 8, ll. 44–65.
`
`b. Claims 1–3, 6–17, and 19
`
`
`
`Independent claim 1 recites “said location determination system is
`
`arranged to determine an appropriate one of the plurality of remote tracking
`
`systems.” We construe this claim recitation to require the location
`
`determination system to be arranged to perform the function of determining
`
`which one of the remote tracking systems is appropriate for use and to cause
`
`that system to be used. Petitioner makes the following general assertions:
`
`(1) Elliot describes a location determination system, based on central control
`
`system 20; and (2) Elliot describes a plurality of remote tracking systems,
`
`based on GPS satellites 14 and ground based position systems 15. Pet. 18–
`
`19 (citing Ex. 1003, Figs. 1, 3; col. 4, ll. 52–65; col. 5, ll. 1–12; col. 6, ll.
`
`17–35; col. 7, ll. 1–7; col. 8, ll. 44–62). Petitioner further contends that
`
`Elliot describes the aforementioned claim recitation by asserting that in
`
`Elliot “[e]ither GPS or ground based cellular systems can be used or
`
`combined to locate a device depending upon which is appropriate to use
`
`(primary/backup roles) and can be based on the properties of the device
`
`
`
`
`
`12
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`tracking unit (GPS receiver installed/cellular chipset included).” Pet. 19
`
`(citing Ex. 1003, col. 4, ll. 48–65; Fig. 1); see Ex. 1013 ¶ 29.
`
`
`
`We are not persuaded by Petitioner’s contentions. Based on
`
`Petitioner’s mapping of GPS satellites 14, ground based position systems 15,
`
`and central control system 20 to the elements recited in claim 1, Petitioner
`
`does not direct us to evidence sufficient to demonstrate that Elliot describes
`
`central control system 20 is arranged to perform the function of determining
`
`which one of GPS satellites 14 and ground based position systems 15 is
`
`appropriate for use and cause that system to be used (i.e., central control
`
`system is arranged to determine an appropriate one of the tracking systems).
`
`Instead, Elliot generally discloses the following: (1) GPS satellites 14 are
`
`the location system of choice, but other systems using broadcast
`
`technologies can be used (Ex. 1003, col. 4, ll. 48–51; see id. at col. 4, ll. 59–
`
`62); and (2) ground based position systems 15 may be used as a primary
`
`system with GPS satellites 14 as a backup, or GPS satellites 14 may be the
`
`primary system with ground based position systems 15 as a backup (id. at
`
`col. 4, ll. 62–65). Furthermore, and contrary to Petitioner’s assertion that the
`
`use of GPS satellites and/or ground based position systems can be based on
`
`the properties of the device tracking unit (GPS receiver installed/cellular
`
`chipset included), Elliot describes that device 12 includes circuitry standard
`
`to GPS locator devices and paging/cellular communications devices. Id. at
`
`col. 6, ll. 13–15.
`
`
`
`
`
`Similar to claim 1, independent claim 14 recites “determining for each
`
`mobile platform one of the remote tracking systems that is capable of
`
`locating said mobile platform.” Independent claims 16 and 19 include
`
`recitations similar to claim 14. Petitioner makes the following general
`
`
`
`
`
`13
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`assertions: (1) Elliot describes mobile platforms based on devices 12, and
`
`(2) Elliot describes a plurality of remote tracking systems based on GPS
`
`satellites 14 and ground based position systems 15. Pet. 24–25 (citing Ex.
`
`1003, Fig. 1; col. 4, ll. 52–65; col. 5, ll. 1–12); see Pet. 27, 34. Petitioner
`
`further contends that Elliot describes the aforementioned claim recitations by
`
`asserting that in Elliot “[e]ither GPS or ground based cellular system can be
`
`used or combined to locate a device depending [upon] which is appropriate
`
`to use (primary/backup roles) and can be based on the properties of the
`
`device tracking unit (GPS receiver installed/cellular chipset included).” Pet.
`
`25 (citing Ex. 1003, col. 4, ll. 48–65; Fig. 1); see Pet. 28, 34–35.
`
`
`
`We are not persuaded by Petitioner’s contentions. Petitioner does not
`
`direct us to evidence sufficient to demonstrate that Elliot describes
`
`determining for each device 12 (i.e., mobile platform) one of GPS satellites
`
`14 or ground based position systems 15 that is capable of locating device 12.
`
`Specifically, Petitioner does not direct us to a factual basis sufficient to
`
`demonstrate that Elliot describes that the use of GPS satellites 14 and/or
`
`ground based cellular systems 15 in Elliot’s system is based on whether a
`
`GPS receiver or cellular chipset is included in device 12. As explained
`
`previously, Elliot instead discloses that device 12 includes circuitry standard
`
`to GPS locator devices and paging/cellular communications devices. Id. at
`
`col. 6, ll. 13–15.
`
`
`
`Thus, on the record before us, Petitioner does not demonstrate a
`
`reasonable likelihood of prevailing on its assertion that Elliot anticipates
`
`independent claims 1, 14, 16, and 19, and claims 2, 3, 6–13, and 17,
`
`dependent therefrom.
`
`
`
`
`
`14
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`c. Claim 18
`
`
`
`Independent claim 18 does not include recitations similar to the
`
`aforementioned recitations of claims 1, 14, 16, and 19, discussed previously
`
`in Section II.B.1.b (i.e., determining the appropriateness of using one
`
`tracking device over other tracking devices, or determining the remote
`
`tracking system that is capable of locating each mobile platform). We are
`
`persuaded by Petitioner’s arguments, supported by the claim charts and other
`
`evidence, explaining how Elliot describes the subject matter recited in
`
`independent claim 18. Pet. 30–33. For example, Petitioner contends that
`
`Elliot describes “a system for location tracking of mobile platforms, each of
`
`which is equipped with a tracking unit, each being adapted to determine the
`
`location of a respective mobile platform,” as recited in claim 18, based on
`
`Elliot’s “system that tracks the current and historical locations of a GPS
`
`locator device carried by a person,” and description of GPS satellites 14 and
`
`ground-based tracking systems 15 in communication with central receiver-
`
`transmitters 16 and devices 12. Pet. 30 (citing Ex. 1003, Fig. 1; Abs).
`
`Petitioner further contends that Elliot describes each tracking unit is
`
`“adapted to determine the location of a respective mobile platform according
`
`to a property that is predetermined for each mobile platform,” as recited in
`
`claim 18, based on device 12 having a GPS receiver and cellular radio chip
`
`set. Pet. 30 (citing Ex. 1003, col. 4, ll. 52–65; col. 5, ll. 1–12); see Ex. 1003
`
`at col. 6, ll. 13–15. Petitioner asserts that “a location server communicating
`
`through a user interface with at least one subscriber equipped with a web
`
`browser,” as recited in claim 18, is described by Elliot’s web server 34 that
`
`provides a subscriber parent with the location data, and description that the
`
`observation of a child’s movements may be conducted anywhere accessible
`
`
`
`
`
`15
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`by a computer with a Web browser and internet access. Pet. 31 (citing Ex.
`
`1003, Fig. 3; col. 2, l. 65–col. 3, l. 3; col. 7, ll. 1–7, 16–22). Petitioner
`
`further contends that Elliot describes “at least one mobile platform location
`
`system coupled to said location server . . . each one of said mobile platform
`
`location systems being associated with a map database and map engine,” and
`
`“the at least one mobile platform location system is adapted to receive said
`
`mobile platform location information and access said map database for
`
`correlating map to said location information, so as to obtain correlated
`
`location information,” as recited in claim 18, based on the following
`
`descriptions in Elliot (Pet. 31–33): (1) “web server 34 [] functions as a web
`
`interface for [] central control system [20],” (quoting Ex. 1003, col. 7, ll. 1–
`
`7); (2) “web server [34] with its associated files provides graphical maps
`
`capable of showing the current and historical locations of [] device [12],”
`
`(quoting Ex. 1003, col 3, ll. 2–4); (3) “[m]any commercial software
`
`programs are available for producing and manipulating graphics and images,
`
`including road map graphics images. Such graphical map images may be
`
`displayed within a web page when a Web browser runs a document,”
`
`(quoting Ex. 1003, col. 9, ll. 17–27); and (4) “[t]he ‘X’ mark for pointing to
`
`the current location of the child (i.e., the device) may be superimposed in the
`
`map image,” (quoting Ex. 1003, col. 9, ll. 28–30). Petitioner further asserts
`
`Elliot describes “at least one remote tracking service communicating with
`
`said respective mobile platform location system,” as recited in claim 18,
`
`based on Elliot’s GPS satellites 14 and ground based position systems 15 in
`
`communication with the central control system 20. Pet. 32 (citing Ex. 1003,
`
`Fig. 1; col. 5, ll. 31–59; col. 6, ll. 31-35; col. 8, ll. 55-65). Petitioner further
`
`contends that Elliot describes the “location server being adapted to receive
`
`
`
`
`
`16
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`the correlated location information and forward them to the browser,” as
`
`recited in claim 18, based on the following description in Elliot:
`
`web server 34 [] functions as a Web interface for the central
`control system to enable web access to the central control
`system . . . The web server 34 provides a subscriber parent with
`the location data stored in the translated records database 30 in
`various formats which may include a graphical display
`embedded in a web page. The graphical map display may
`generally be transmitted to the subscriber parent's computer by
`incorporating a graphic source file for the map into an HTML
`page document as an inline graphics image element.
`
`Pet. 33 (quoting col. 7, ll. 3–13); see Ex. 1003, Fig. 4. For purposes of this
`
`Decision, Petitioner has made a sufficient showing that Elliot describes the
`
`limitations of claim 18. Patent Owner did not present arguments addressing
`
`Petitioner’s proposed grounds of unpatentability for claim 18. See Prelim
`
`Resp. 1–13.
`
`
`
`Thus, Petitioner demonstrates a reasonable likelihood of prevailing on
`
`its assertion that Elliot anticipates claim 18.
`
`2. 35 U.S.C. § 102(e) Ground of Unpatentability over Fitch
`
`
`
`Petitioner contends that claims 1–3, 11–14, 16, and 19 are
`
`unpatentable under 35 U.S.C. § 102(e) as anticipated by Fitch. Pet. 5, 13,
`
`15–17, 36–40, 42–47, and 52–54.
`
`a. Fitch
`
`
`
`Fitch describes a method and apparatus for using multiple Location
`
`Finding Equipment (LFE) inputs to enhance location information made
`
`available to wireless location-based applications. Ex. 1004, Abs.; col. 2, ll.
`
`23–26.
`
`
`
`
`
`17
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`Figure 1 of Fitch, reproduced below, schematically depicts a wireless
`
`network implementing a location finding system. Id. at col. 4, ll. 38–40.
`
`
`
`Figure 1 illustrates wireless telecommunications network 100, including
`
`mobile switching center (MSC) 112 for use in routing wireless
`
`communications to or from wireless stations 102, network platform 114
`
`associated with MSC 112 for implementing subscriber or network service
`
`functions, and LFE systems 104, 106, 108, and 110. Id. at col. 4, l. 64–col.
`
`5, l. 5. Network platform 114 is used to run Location Manager (LM) 116
`
`(also referred to as Location Finding System (LFS) 116) and a number of
`
`wireless location applications 118. Id. at col. 5, ll. 6–17. LFE systems 104,
`
`106, 108, and 110 may employ any of a variety of location finding
`
`technologies such as angle of arrival (AOA), time difference of arrival
`
`(TDOA), global positioning system (GPS), and the use of cell/sector
`
`location. Id. at col. 5, ll. 19–22; see id. at col. 1, ll. 47–51; col. 5, l. 24–col.
`
`6, l. 18; col. 6, l. 40–col. 7, l. 29; Figs. 3a–3e. LFE systems 104, 106, 108,
`
`and 110 may be the same as or different from one another. Id. at col. 5, ll.
`
`
`
`
`
`18
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`22–24. LM 116 (or LFS 116) receives location information from various
`
`LFE systems 104, 106, 108, and 110 and processes the location information
`
`to provide location outputs for use by any of various wireless location
`
`applications 118 (e.g., 911, vehicle tracking, location-based billing
`
`programs) in response to location requests from the applications. Id. at col.
`
`6, ll. 19–29.
`
`
`
`Figure 2 of Fitch, reproduced below, depicts a schematic diagram of a
`
`wireless location-based services system. Id. at col. 4, ll. 41–43.
`
`
`
`Figure 2 illustrates location-based services system 200, including LM 214
`
`(also referred to as LFS 214), which operates to receive inputs from multiple
`
`LFEs 202, 204, and 206, and provide location outputs to multiple
`
`applications 226, 228, and 230. Id. at col. 6, ll. 30–35. LFEs 202, 204, and
`
`206 may be based on different technologies, and may provide different types
`
`of location information, in different data formats with different accuracies
`
`based on the different signals. Id. at col. 6, ll. 35–39; see id. at col. 1, ll. 47–
`
`51; col. 5, l. 24–col. 6, l. 18; col. 6, l. 40–col. 7, l. 29; Figs. 3a–3e. Each of
`
`
`
`
`
`19
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`LFEs 202, 204, and 206 output location information to its respective LFC3
`
`208, 210, and 212, which collect and aggregate raw location information
`
`data into a standard format, and send the data to location cache (LC) 220 of
`
`LM 214 (or LFS 214) for storage. Id. at col. 7, ll. 31–33, 42–44, 56–57; col.
`
`8, ll. 23–24. The stored standardized information can be used to perform
`
`multiple input analyses, for example, velocity 216, multi-input processing
`
`217, and tracking 218. Id. at col. 8, l. 34–col. 10, l. 57; Figs. 4–5. Location-
`
`based services system 200 further includes wireless location interface (WLI)
`
`224 that allows wireless location applications 226, 228, and 230 (e.g., 911,
`
`vehicle tracking, location-based billing programs) to access selectively
`
`information stored in LC 220 or prompt one or more of LFEs 202, 204,
`
`and/or 206 to initiate a location determination. Id. at col. 10, ll. 58–63; see
`
`Figs. 7, 8; col. 11, l. 58–col. 12, l. 31. WLI 224 provides a standard format
`
`for submitting location requests to LM 214 (or LFS 214) and receiving
`
`responses from LM 214 (or LFS 214) independent of the location finding
`
`technologies employed. Id. at col. 10, ll. 63–66. “In this manner, the
`
`applications can make use of the best or most appropriate location
`
`information available originating from any available LFE source without
`
`concern for LFE data formats or compatibility issues.” Id. at col. 10, l. 66–
`
`col. 11, l. 3.
`
`
`
`
`
`3 Fitch does not provide a meaning of the acronym LFC. Resolving the
`meaning of LFC is not essential to this Decision.
`
`20
`
`
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`b. Claims 1–3, 11–14, 16, and 19
`
`
`
`Independent claim 1 recites “said location determination system is
`
`arranged to determine an appropriate one of the plurality of remote tracking
`
`systems.” Petitioner makes the following general assertions: (1) Fitch
`
`describes a location determination system, based on LFS 116; and (2) Fitch
`
`describes a plurality of remote tracking systems, based on LFEs 104, 106,
`
`108, 110, 202, 204, and 206. Pet. 36–38 (citing Ex. 1004; Abs.; Figs. 1, 2,
`
`6–9; col. 5, ll. 1–4, 19–22; col. 6, ll. 30–39). Petitioner further asserts that
`
`Fitch describes the aforementioned claim recitation based on the following
`
`descriptions in Fitch:
`
`
`
`[a]n important aspect of the present invention relates to the
`operation of the LM 214 to receive inputs from multiple LFEs
`202, 204 and 206 and provide location outputs to multiple
`applications 226, 228 and 230. In accordance with the present
`invention, the LFEs 202, 204 and 206 may be based on
`different technologies, and may therefore provide different
`types of location information, in different data formats, with
`different accuracies based on different signals.
`. . .
`a wireless location interface (WLI) 224 that allows wireless
`location applications 226, 228 and 230 to selectively access
`information stored in the LC 220 or prompt one or more of
`LFEs 202, 204 and/or 206 to initiate a location determination.
`. . . In this manner, the applications can make use of the best or
`most appropriate location information available originating
`from any available LFE source without concern for LFE
`dependent data formats or compa
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
