Petitioners Samsung and HTC’s Presentation
`
`Samsung et al. v. Affinity Labs of Texas
`Inter Partes Review of
`U.S. Patent No. 8,359,007
`April 1, 2015
`IPR2014-00407*
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`*IPR2014-00408 has been joined and consolidated with IPR2014-00407.
`See IPR2014-00407, Paper 27; IPR2014-00408, Paper 26.
`
`Samsung-HTC Exhibit 1140
`Samsung-HTC v. Affinity
`IPR2014-00407
`Page 00001
`
`
`
`Samsung et al. v. Affinity Labs of Texas
`Inter Partes Review of
`U.S. Patent No. 8,359,007
`April 1, 2015
`IPR2014-00407*
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`*IPR2014-00408 has been joined and consolidated with IPR2014-00407.
`See IPR2014-00407, Paper 27; IPR2014-00408, Paper 26.
`
`Samsung-HTC Exhibit 1140
`Samsung-HTC v. Affinity
`IPR2014-00407
`Page 00001
`
`
`
`Citation Abbreviations
`
`Abbreviation Description
`
`P1
`
`P2
`
`IPR2014-00407, Paper 8, Corrected Petition For Inter Partes
`Review of United States Patent No. 8,359,007
`
`IPR2014-00408, Paper 7, Corrected Petition For Inter Partes
`Review of United States Patent No. 8,359,007
`
`PO
`Response
`
`IPR2014-00407, Paper 32, Consolidated Patent Owner’s
`Response to Petition for Inter Partes Review
`
`Reply
`
`Motion to
`Exclude
`
`Reply ISO
`Motion to
`Exclude
`
`IPR2014-00407, Paper 34, Petitioners’ Reply to Patent
`Owner’s Responses
`
`IPR2014-00407, Paper 38, Petitioners’ Motion to Exclude
`
`IPR2014-00407, Paper 45, Petitioners’ Reply to Patent
`Owner’s Opposition to Petitioners’ Motion to Exclude
`
`2
`
`
`
`’007 Patent - Claim 1
`
`[1.A]
`
`[1.B]
`
`[1.C]
`
`1. A system comprising:
`a cellular telephone comprising a display, a non-volatile memory, and a processing
`device operable to execute instructions stored in the non-volatile memory;
`a browser saved locally at the cellular telephone and configured to facilitate
`accessing of a web page; and
`a collection of instructions stored in the non-volatile memory and operable to direct
`v
`the cellular telephone to request a list of network addresses for a plurality of
`
`portions of an available media, to request delivery of a first portion of the
` available media such that the first portion is delivered at a first communication
`rate, and to request delivery of a second portion of the available media such that
`the second portion is delivered at a second communication rate that is different
`than the first communication rate.
`
`
`
`Ex. 1001 (’007 Patent), Claim 1
`
`3
`
`
`
`’007 Patent - Claims 2, 5 & 6
`
`2. The system of claim 1, wherein the browser utilizes hyper text
`v
`transfer protocol (http) to facilitate accessing the available media.
`
`5. The system of claim 1, further comprising an email client saved
`v
`locally to the cellular telephone, wherein the email client is operable
`to receive an email with a media file attachment.
`
`6. The system of claim 1, further comprising a non-circular physical
`interface configured such that the non-circular physical interface acts
`v
`as a single docking point that includes a portion configured to transmit
`power and a different portion configured to transmit data.
`
`Ex. 1001 (’007 Patent), Claims 2, 5 & 6
`
`4
`
`
`
`’007 Patent - Claim 7
`
`[7.A]
`
`[7.B]
`
`[7.C]
`
`7. A system comprising:
`a computing device having a wireless receiver, a top surface, a display that makes
`up a majority of the top surface, a non-volatile memory, and a processing device
`operable to execute instructions stored in the non-volatile memory;
`a browser saved locally at the computing device and configured to facilitate
`accessing of a web page; and
`v
`a collection of instructions stored in the non-volatile memory and operable to direct
`the computing device to request a list of network addresses for a plurality of
`portions of an available media, to request delivery of a first portion of the
`available media such that the first portion is delivered at a first communication
`rate, and to request delivery of a second portion of the available media such that
`the second portion is delivered at a second communication rate that is different
`than the first communication rate.
`
`Ex. 1001 (’007 Patent), Claim 7
`
`5
`
`
`
`’007 Patent - Claims 8 & 10
`
`8. The system of claim 7, wherein the computing device is configured
`such that a user is able to access the browser and choose the available
`v
`media without a physical keyboard or an external mouse.
`
`[10.A]
`
`[10.B]
`[10.C]
`
`10. The system of claim 7, further comprising:
`an email client saved locally to the cellular telephone, wherein the email
`client is operable to receive an email with a media file attachment;
`an audio file player; and
`v
`a non-circular physical interface configured such that the non-circular
`physical interface acts as a single docking point that includes a portion
`configured to transmit power and a different portion configured to
`transmit data.
`
`Ex. 1001 (’007 Patent), Claims 8 & 10
`
`6
`
`
`
`7
`
`The Challenged Claims Are Invalid
`
`‘007 Patent Claims 1, 2, 5-8 & 10
`Are Unpatentable As Obvious Over:
`• Hitson In View Of Fuller
`
`• Treyz In View Of Fuller
`
`
`
`
`
`Claim Construction
`
`The Board adopted the ordinary and customary
`meaning of “cellular telephone”:
`
`
`
`“telephone with access to a cellular radio
`system so it can be used over a wide area,
`without physical connection to a network.”
`
`IPR2014-00408, Institution Decision, Paper 14 at 7; see also Reply at 2
`
`8
`
`
`
`Claim Construction (cont’d)
`The ‘007 patent’s disclosure is consistent with the ordinary
`and customary meaning of “cellular telephone”:
`“[C]onventional wireless communication utilizes a specified frequency to communicate
`information in two directions (i.e., cellular phones).”
`e.g., Ex. 1001 (’007 Patent) at 5:30-32; see also Reply at 2
`
`“Selected audio information may be communicated in a plurality of ways … including
`communicating via a cellular communications network to an electronic device operable to
`receive cellularly communicated signals.”
`
`e.g., Ex. 1001 (’007 Patent) at 6:65-7:1; see also Reply at 2
`
`“[E]lectronic device 105 may be operable …to receive a cellular signal comprising the
`selected information…. a device having a cellular modem may be operable to receive the
`information….”
`
`e.g., Ex. 1001 (’007 Patent) at 4:27-32; see also Reply at 2
`
`“Communications networks such as GSM … TDMA, CDMA … for communicating
`information or data representing the selected audio information to electronic device 103.”
`e.g., Ex. 1001 (’007 Patent) at 4:63-5:3; see also Reply at 2
`
`9
`
`
`
`Claim Construction (cont’d)
`
`Patent Owner confirmed the Board’s construction in IPR
`proceedings for the related ‘641 patent:
`
`
`“The ’641 patent does not explicitly define a
`‘wireless telephone device,’ but indicates that the
`device should communicate wirelessly over a
`cellular communications network.”
`
`IPR2014-01181, Paper 8 at 6-7;
`IPR2014-01182, Paper 8 at 6;
`IPR2014-01184, Paper 8 at 6;
`see also Reply at 3
`
`10
`
`
`
`Hitson in view of Fuller
`Claims 1, 2, 5-8 & 10 Are Unpatentable As Obvious
`Over Hitson In View Of Fuller
`
`U.S. Patent Pub. No. 2002/0010759
`(“Hitson”) (Ex. 1104)*
`
`U.S. Patent No. 6,711,622
`(“Fuller”) (Ex. 1106)
`
`* see also Ex. 1105 (Provisional Application No. 60/173,800), filed on December 30, 1999 by Hitson et al.
`
`11
`
`
`
`Hitson in view of Fuller
`Claims 1, 2, 5-8 & 10 Are Unpatentable As Obvious
`Over Hitson In View Of Fuller (cont’d)
`
`Petitioners have demonstrated:
`
`• Hitson discloses a “cellular telephone”
`
`• The combination of Hitson in view of
`Fuller would have been obvious
`
`
`
`See, e.g., Reply at 1; cf. PO Response at i
`
`12
`
`
`
`Hitson in view of Fuller – Claim Element 1.A
`Hitson Discloses Claim Element 1.A:
`“a cellular telephone…”
`
`“New technologies are constantly being developed which allow producers to
`digitally record high quality versions of audio and video signals ... and
`deliver the content to a … cellular or other telephone, or other electronic or
`computerized device (‘PC’ collectively).”
`e.g., Ex. 1104 (Hitson) at [0003]; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶34-35;
`Ex. 2105 (10/14/2014 Depo. Tr. of Dr. Quackenbush) at 9:10-11:20;
`Ex. 1123 (Rebuttal Decl. of Dr. Quackenbush) ¶¶42-43; P1 at 24; Reply at 3-5
`
`“Clients may communicate with other clients or with a server … through
`wired or wireless means, including, but not limited to ... analog or digital
`cellular telephone ... communications.”
`e.g., Ex. 1104 (Hitson) at [0039]; see also Ex. 2105 (10/14/2014 Depo. Tr. of Dr. Quackenbush) at 11:4-20;
`Ex. 1123 (Rebuttal Decl. of Dr. Quackenbush) ¶¶11, 42-43; Reply at 3-5
`
`“A POSA would have understood that Hitson’s disclosure of a client
`communicating with another client or a server via ‘digital cellular
`telephone … communications’ indicates that the client device of Hitson can
`place telephone calls over a cellular network.”
`Ex. 1123 (Rebuttal Decl. of Dr. Quackenbush) ¶¶42-43; see also Reply at 3
`
`13
`
`
`
`Hitson in view of Fuller – Claim Element 1.A
`Hitson Discloses Claim Element 1.A: (cont’d)
`“a cellular telephone…”
`
`“So paragraph 3 states some background.… [A]nd Hitson particularly says
`cellular or other telephone…. And then 39, Hitson teaches that clients may
`communicate with other clients or with the server … and then goes on to talk
`about what those channels might be, [s]o recites … digital cellular
`telephone. So in sum, Hitson teaches that the device or client can use the
`digital cellular telephone network as a means of communication. So
`from this I understand that the Hitson client can be a telephone because
`it uses the cellular telephone network.”
`e.g., Ex. 2105 (10/14/2014 Depo. Tr. of Dr. Quackenbush) at 9:14-11:20;
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶34-35; Ex. 1123 (Rebuttal Decl. of Dr. Quackenbush) ¶¶42-43; Reply at 4
`
`“[A] POSA would understand that Hitson discloses including cellular
`telephone functionality in any of its client devices, including PDAs such as
`the Cassiopeia E-105.”
`
`Ex. 1123 (Rebuttal Decl. of Dr. Quackenbush) ¶42; see also Reply at 5
`
`14
`
`
`
`Hitson in view of Fuller – Claim Element 1.A
`Hitson Discloses Claim Element 1.A: (cont’d)
`“…comprising a display, a non-volatile memory, and a processing device
`operable to execute instructions stored in the non-volatile memory”
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶34-41; P1 at 19-20, 24-26
`“…FIG. 14 provides an overview of logic used by the present invention when
`downloading data to a display device.”
`
`e.g., Ex. 1104 (Hitson) at [0080];
`see also Ex. 1104 (Hitson) at [0005]; Ex. 1120 (Decl. of Dr. Quackenbush) ¶36; P1 at 24-25
`
`“A ‘client’ may consist of software, hardware, or combinations thereof, designed
`into or running on a device, that allows a device to request data from a logically
`centralized content delivery point (‘server’).”
`e.g., Ex. 1104 (Hitson) at [0038]; see also Ex. 1104 (Hitson) at [0005]; Ex. 1120 (Decl. of Dr. Quackenbush) ¶40; P1 at 25-26
`
`“A software portion of a client may consist of commercially available software,
`customized commercial software, custom software, or combinations thereof.”
`e.g., Ex. 1104 (Hitson) at [0040]; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶40; P1 at 25-26
`
`A POSA would have understood that “Hitson discloses use of a cellular telephone
`and various other PMP’s. Such portable devices necessarily used non-volatile
`memory” and “would necessarily include a processor.”
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶39-40; P1 at 25-26
`
`15
`
`
`
`Hitson in view of Fuller – Claim Element 1.A
`Hitson Discloses Claim Element 1.A: (cont’d)
`“…comprising a display, a non-volatile memory, and a processing device
`operable to execute instructions stored in the non-volatile memory”
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶34-41; P1 at 19-20, 24-26
`
`The Cassiopeia E-105 disclosed by Hitson included a display, non-
`volatile memory, a processor, and software:
`
`“Display LCD 240 x 320 dots, TFT Color 65,536 colors touch-panel, Backlit”
`
`“Memory ROM 16MB”
`
`“131 MHz NEC microprocessor”
`
`“web browse and listen to music using various Windows CE-based software
`applications”
`
`e.g., Ex. 1108 (Cassiopeia Article) at 1-3;
`see also Ex. 1104 (Hitson) at [0005];
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶37, 39, 41; P1 at 25-26
`
`16
`
`
`
`Hitson in view of Fuller – Claim Element 1.B
`Hitson Discloses Claim Element 1.B:
`“a browser saved locally at the cellular telephone and configured to
`facilitate accessing of a web page”
`
`“In a preferred embodiment, software portions of a client consist of a combination of custom
`software and a World Wide Web browser (‘web browser’). Examples of typical web browsers
`include Internet Explorer, manufactured by Microsoft of Seattle, Wash., or Netscape Navigator,
`manufactured by Netscape of Mountain View, Calif.”
`
`e.g., Ex. 1104 (Hitson) at [0040];
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶42; P1 at 26-27
`
`“A web page can include information provided by a web server that may be viewed with a
`web browser or other software or hardware capable of converting information encoded in a
`markup language.”
`
`e.g., Ex. 1104 (Hitson) at [0047];
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶42; P1 at 26-27
`
`The Cassiopeia E-105 disclosed by Hitson included a web browser:
`“[T]he E-105 comes packed with additional bonus software from Casio including: Menu, Card
`Backup Tool, Enterprise Harmony ‘99 (Palm Pilot(TM) Conversion) and Web Browser.”
`e.g., Ex. 1108 (Cassiopeia Article) at 2; see also Ex. 1104 (Hitson) at [0005];
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶43; P1 at 26-27
`
`17
`
`
`
`Hitson in view of Fuller – Claim Element 1.C
`Hitson in combination with Fuller Discloses Claim Element 1.C:
`“a collection of instructions stored in the non-volatile memory and operable
`to direct the cellular telephone…”
`See supra discussion of Claim Element 1.A; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶44; P1 at 27
`
`“…to request a list of network addresses for a plurality of portions of an
`available media…”
`“[a] playlist may be transmitted to a client, which in turn can
`request content based on a playlist (Block 1505), or a playlist
`may be used by a server acting as part of the present invention
`to deliver content directly to a client.”
`e.g., Ex. 1104 (Hitson) at [0090];
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶45; P1 at 27-28
`
`“manager requests playlist from media server, which extracts
`playlist song ids and translates into audio file locations on
`server; media server starts downloading to client PC”
`
`e.g., Ex. 1104 (Hitson) at Fig. 15 (Block 1505);
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶45; P1 at 27-28
`
`See also, e.g., Ex. 1104 (Hitson) at [0075], [0112], [0122]-[0123], [0131], [0155];
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶45; P1 at 27-29
`
`18
`
`
`
`Hitson in view of Fuller – Claim Element 1.C
`Hitson in combination with Fuller Discloses Claim Element 1.C (cont’d):
`“…to request a list of network addresses for a plurality of portions of an
`available media…”
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶48; P1 at 27
`
`“FIG. 3 includes a browser window 302 with a cursor positioned over a transmission
`selection link 304. The transmission selection link 304 corresponds to a request for
`transmission of streaming audio and video data.”
`e.g., Ex. 1106 (Fuller) at 10:43-47; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶46-47; P1 at 28-29
`
`e.g., Ex. 1106 (Fuller) at Fig. 3;
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶46-47;
`P1 at 28-29
`
`See also, e.g., Ex. 1106 (Fuller) at 8:30-36; Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶46-47; P1 at 28-29
`
`19
`
`
`
`Hitson in view of Fuller – Claim Element 1.C
`Hitson in combination with Fuller Discloses Claim Element 1.C (cont’d):
`“…to request delivery of a first portion of the available media such that the
`first portion is delivered at a first communication rate, and to request delivery
`of a second portion of the available media such that the second portion is
`delivered at a second communication rate that is different than the first
`communication rate.”
`
`“If it is the case that the audio, or the video, information is not being received by the client 112 at a
`sufficient data rate, the corresponding Java applet, in some embodiments of the invention, can
`request a different rate of transmission. The Java applet can request a lower rate corresponding
`to a lower audio or video signal, that will more appropriately match the bandwidth availability of the
`client 112.”
`
`e.g., Ex. 1106 (Fuller) at 10:11-17; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶54; P1 at 30
`
`“[A] POSA would recognize that a client receiving a real time audio or video stream using a
`personal device, such as that disclosed in Hitson, may have difficulty receiving data at a
`sufficient rate to provide a user with uninterrupted audio or video.”
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶56; see also P1 at 20-22, 29-30
`
`“Fuller recognizes that a client that is not receiving data at a ‘sufficient’ rate ‘can request a
`different rate of transmission.’”
`
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶56; see also P1 at 20-22, 29-30
`
`20
`
`
`
`Hitson in view of Fuller – Claim Element 1.C
`Hitson Discloses Claim Element 2:
`“the browser utilizes hyper text transfer protocol (http)
`to facilitate accessing the available media”
`
`“In a preferred embodiment, software portions of a client consist of a combination of custom
`software and a World Wide Web browser (‘web browser’).”
`
`e.g., Ex. 1104 (Hitson) at [0040];
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶59; P1 at 31
`
`“A preferred embodiment delivers content to
`clients through a World Wide Web server (‘web
`server’).
`
`e.g., Ex. 1104 (Hitson) at [0041];
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶59; P1 at 31
`
`“Sync manager (via web server/HTTP)
`establishes connection and sends feedback.”
`e.g., Ex. 1104 (Hitson) at Fig. 19;
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶59; P1 at 31
`
`21
`
`
`
`Hitson in view of Fuller – Claim Element 5
`Hitson Discloses Claim Element 5:
`“an email client saved locally to the cellular telephone, wherein the
`email client is operable to receive an email with a media file attachment. ”
`
`“My Station 121 of FIG. 1 may serve as a portal through which features of the present invention may
`be accessed. Examples of features which may be accessible through My Station 121 include, but are
`not limited to, software downloads; content genre preference editing; content purchases; E-mail, chat,
`and/or video conferencing; hardware purchases (such as PMP devices); and access to user support
`information. These options are illustrated in both FIG. 1 and as part of My Station 410 of FIG. 4.”
`e.g., Ex. 1104 (Hitson) at [0075]; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶60; P1 at 31-33
`The Cassiopeia E-105 disclosed by Hitson included an e-mail client operable to
`receive an email with an attachment:
`
`“Features available on your desktop computer, such
`as scheduling meetings and selective downloading
`of attachments are also available on your Palm-
`size PC.”
`e.g., Ex. 1107B (Cassiopeia Software Guide) at 48; see also Ex. 1104
`(Hitson) at [0005]; Ex. 1120 (Decl. of Dr. Quackenbush) ¶61; P1 at 31-33
`
`e.g., Ex. 1107B (Cassiopeia Software Guide) at 6;
`see also Ex. 1104 (Hitson) at [0005]; Ex. 1120 (Decl. of Dr. Quackenbush) ¶61; P1 at 31-33
`
`“A POSA would further understand that the ability to receive an email attachment necessarily
`includes the ability to receive an attachment that is a media file.”
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶61; P1 at 31-33
`
`22
`
`
`
`Hitson in view of Fuller – Claim Element 6
`Hitson Discloses Claim Element 6:
`“a non-circular physical interface configured such that the non-circular physical
`interface acts as a single docking point that includes a portion configured to
`transmit power and a different portion configured to transmit data. ”
`“In addition to requesting data from a server, a client may provide access to content stored on a device,
`and may function as a server by providing content to other clients. Clients may communicate with other
`clients or with a server … through wired or wireless means, including, but not limited to… Universal
`Serial Bus (‘USB’) cable connections….”
`e.g., Ex. 1104 (Hitson) at [0039]; Ex. 1120 (Decl. of Dr. Quackenbush) ¶62; P1 at 33-34
`
`“It was known to a POSA that a USB connector (i.e., a connector compatible with the USB standard) is
`non-circular and acts as a single docking point for the transmission of both power and data.”
`e.g., Ex. 1120 (Decl. of Dr. Quackenbush) ¶62; Ex. 1117; P1 at 33-34
`
`The Cassiopeia E-105 disclosed by Hitson included a noncircular
`interface configured to transmit power and data:
`“The cradle provides quick and easy connection
`between your CASSIOPEIA and a personal
`computer. CASSIOPEIA can also be powered
`from an AC power source when it is placed on
`the cradle. The battery pack charges while the
`CASSIOPEIA is on the cradle.”
`e.g., Ex. 1107A (Cassiopeia Hardware Manual) at 16;
`see also Ex. 1107A (Cassiopeia Hardware Manual) at 18, 20;
`Ex. 1104 (Hitson) at [0005]; Ex. 1120 (Decl. of Dr. Quackenbush) ¶63; P1 at 34-35
`
`23
`
`
`
`Hitson in view of Fuller – Claim Element 7.A
`Hitson Discloses Claim Element 7.A:
`“a computing device having a wireless receiver, a top surface, a display that
`makes up a majority of the top surface…”
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶65; P1 at 35
`“A PMP is a device that can communicate with a
`The Cassiopeia E-105 disclosed by
`computer or hook directly to the Internet through a
`Hitson included a display that makes
`wireless or wired modem or network card. Current
`up a majority of the top surface:
`examples of PMP’s include Personal Desktop Assistants
`(“PDA’s”) and specialized devices. Examples of such
`specialized devices include the Rio… by Diamond
`Multimedia Systems, Inc. .... the Nomad II … by
`Creative Labs, Inc. ... Examples of PDA’s include the
`Cassiopeia E-105 … by Casio Computer Co., Ltd...; the
`Clio … by Vadem, Inc. …; and the Palm VII Connected
`Organizer … by 3Com, Inc….”
`e.g., Ex. 1104 (Hitson) at [0005];
`see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶66; P1 at 35-36
`
`“Clients may communicate with other clients or with a
`server by … wired or wireless means”
`e.g., Ex. 1104 (Hitson) at [0039];
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶67; P1 at 36
`
`e.g., Ex. 1107A (Cassiopeia Hardware Manual) at 12;
`see also Ex. 1104 (Hitson) at [0005];
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶68; P1 at 36-37
`“… a nonvolatile memory, and a processing device operable to execute
`instructions stored in the non-volatile memory”
`See supra discussion of Claim Element 1.A; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶69-70; P1 at 37
`
`24
`
`
`
`Hitson in view of Fuller – Claim Elements 7.B & 7.C
`Hitson Discloses Claim Element 7.B:
`“a browser saved locally at the computing device and configured to
`facilitate accessing of a web page”
`See supra discussion of Claim Element 1.B; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶71; P1 at 37
`
`Hitson in combination with Fuller Discloses Claim Element 7.C:
`“a collection of instructions stored in the non-volatile memory and operable to
`direct the computing device to request a list of network addresses for a plurality
`of portions of an available media, to request delivery of a first portion of the
`available media such that the first portion is delivered at a first communication
`rate, and to request delivery of a second portion of the available media such
`that the second portion is delivered at a second communication rate that is
`different than the first communication rate”
`See supra discussion of Claim Elements 1.C & 7.A; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶72; P1 at 37-38
`
`25
`
`
`
`Hitson in view of Fuller – Claim Element 8
`Hitson Discloses Claim Element 8:
`“the computing device is configured such that a user is able
`to access the browser and choose the available media
`without a physical keyboard or an external mouse”
`The Cassiopeia E-105 disclosed by Hitson included a stylus for operating the touch screen:
`
`e.g., Ex. 1107A (Cassiopeia Hardware Manual) at 14; see also Ex. 1104 (Hitson) at [0005];
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶73; P1 at 38-39
`
`26
`
`
`
`Hitson in view of Fuller – Claim Elements 10.A, 10.B & 10.C
`Hitson Discloses Claim Element 10.A:
`“an email client saved locally to the cellular telephone, wherein the email
`client is operable to receive an email with a media file attachment. ”
`See supra discussion of Claim 5; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶74; P1 at 39
`Hitson Discloses Claim Element 10.B:
`“an audio file player”
`“With an appropriate player installed on a device, a user may experience content accessible through Play
`Content 216.”
`
`e.g., Ex. 1104 (Hitson) at [0053]; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶75; P1 at 39-40
`
`The Cassiopeia E-105 disclosed by Hitson included an audio file player:
`“The E-105 features a fast 131 MHz NEC microprocessor and includes a Multimedia Pack CD: Mobile
`Audio Player -- Play music files in stereo downloaded from the Internet. Also includes desktop software
`(MP3 to MS Audio Music File Converter) to compress MP3 music files to almost half size and convert
`them to play on the CASSIOPEIA.”
`e.g., Ex. 1108 (Cassiopeia Article) at 1; see also Ex. 1104 (Hitson) at [0005]; Ex. 1120 (Decl. of Dr. Quackenbush) ¶75; P1 at 39-40
`Hitson Discloses Claim Element 10.C:
`“a noncircular physical interface configured such that the noncircular physical
`interface acts as a single docking point that includes a portion configured to
`transmit power and a different portion configured to transmit data.”
`See supra discussion of Claim 6; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶76; P1 at 40
`
`27
`
`
`
`Hitson in view of Fuller
`It Would Have Been Obvious To Combine
`Hitson With Fuller
`
`• Both Hitson and Fuller concern the delivery of streaming
`multimedia content over a client/server network
`
`e.g., Ex. 1104 (Hitson) at [0038]; Ex. 1106 (Fuller) at 1:14-17, 2:53-56;
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶48, 55-56; see also P1 at 20-22
`
`• Both Hitson and Fuller concern accessing media content
`through a web browser
`
`e.g., Ex. 1104 (Hitson) at [0040]; Ex. 1106 at 2:53-62
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶48, 55-56; see also P1 at 20-22
`
`• Thus, a POSA would have been motivated to look to Fuller’s
`teachings in connection with Hitson
`
`e.g., Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶48, 55-56; see also P1 at 20-22
`
`28
`
`
`
`Hitson in view of Fuller
`It Would Have Been Obvious To Combine
`Hitson With Fuller (cont’d)
`
`•
`
`It would have been obvious to implement Fuller’s
`teaching of delivering portions of media content at
`different communication rates in the device of
`Hitson
`
`e.g., Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶55-56; see also P1 at 20-21, 30
`
`• Advantages of providing a portable device with the
`ability to switch data rates:
`– Efficient use of transmission bandwidth
`– Improved quality of streaming audio transmission
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶¶55-56; see also P1 at 20
`
`29
`
`
`
`Hitson in view of Fuller
`It Would Have Been Obvious To Combine
`Hitson With Fuller (cont’d)
`
`• Fuller recognizes that, if a client is not receiving data at
`a “sufficient” rate, then the client advantageously
`“can request a different rate of transmission”
`
`Ex. 1106 (Fuller) at 10:11-14; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶56; P1 at 21
`
`• A POSA would recognize that a client receiving a real
`time audio or video stream using Hitson’s device may
`have difficulty receiving data at a sufficient rate to
`provide a user with uninterrupted audio or video,
`resulting in substantial and perceivable quality
`degradation
`
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶56; see also P1 at 21
`
`30
`
`
`
`Hitson in view of Fuller
`It Would Have Been Obvious To Combine
`Hitson With Fuller (cont’d)
`
`• In view of Hitson’s purpose of providing wireless access to
`streaming multimedia content available on the Internet,
`a POSA would have been motivated to address this
`problem using Fuller’s disclosure of switching
`communication rates for the efficient and uninterrupted
`delivery of streaming content
`
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶56; see also P1 at 21
`
`• It would have been obvious to combine Hitson with Fuller
`because, in combination, each element (e.g., Hitson’s device
`and Fuller’s teachings of streaming multimedia content at two
`different communication rates) merely performs the same
`function as it does separately, yielding only predictable
`results
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶56; see also P1 at 22
`
`31
`
`
`
`Hitson in view of Fuller
`
`It Would Have Been Obvious To Combine
`Hitson With Fuller (cont’d)
`
`•
`
`It would have been obvious to implement Fuller’s
`teaching of a webpage listing multiple hyperlinks at
`which to access streaming media in implementing
`the device of Hitson
`
`e.g., Ex. 1120 (Decl. of Dr. Quackenbush) ¶48; see also P1 at 21-22, 28
`
`• Use of a webpage to list multiple hyperlinks was well-
`known in the art
`
`e.g., Ex. 1120 (Decl. of Dr. Quackenbush) ¶48; see also P1 at 21-22
`
`32
`
`
`
`Hitson in view of Fuller
`
`It Would Have Been Obvious To Combine
`Hitson With Fuller (cont’d)
`
`• Advantages of using a webpage listing multiple
`hyperlinks:
`− Provides a way to organize network locations for
`a user to easily and quickly access streaming
`media content
`
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶48; see also P1 at 21-22
`
`− Provides an easy way to access multiple
`sources of streaming media content at a single
`location
`
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶48; see also P1 at 21-22
`
`33
`
`
`
`Hitson in view of Fuller
`
`It Would Have Been Obvious To Combine
`Hitson With Fuller (cont’d)
`
`• It would have been obvious to combine Hitson with
`Fuller because, in combination, each element
`(Hitson’s portable device and Fuller’s teaching of
`selecting media content through a webpage listing
`hyperlinks) merely performs the same function as it
`does separately, yielding only predictable results
`
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶48; see also P1 at 22
`
`34
`
`
`
`Hitson in view of Fuller
`
`It Would Have Been Obvious To Combine
`Hitson With Fuller (cont’d)
`• It would have been obvious to combine each of the known
`elements disclosed in Hitson to arrive at the multifunctional
`cellular phone or computing device of the claims
`
`“[T]here is an increasing consumer demand for a personal multimedia appliance
`that has fully integrated multimedia processing capabilities, that is compact and
`inexpensive, and that has the capability to run, in real-time, a broad spectrum of different
`software applications, such as word processing, video games . . . while preferably also
`having other capabilities, such as sending and receiving e-mail, surfing the Web,
`receiving and playing digital video (e.g., MPEG-2 or DVD-quality video) and digital
`audio (e.g., MP3 or CD-quality audio), and/or cellular telephony.”
`Ex. 1114 (Leermakers) at 2:43-53; see also Ex. 1120 (Decl. of Dr. Quackenbush) ¶38; Ex. 1111B; P1 at 20
`
`“To the extent that the specific examples of PMPs disclosed in Hitson are not cellular
`telephones, it would have been obvious to a POSA, based on the disclosure of Hitson,
`to combine the relevant features of the disclosed PMPs, such as PDAs, with a
`cellular telephone. . . . it was known in the art that there was a motivation and
`desire for such combined capabilities.”
`
`Ex. 1120 (Decl. of Dr. Quackenbush) ¶38; P1 at 20
`
`35
`
`
`
`Treyz in view of Fuller
`Claims 1, 2, 5-8 & 10 Are Unpatentable As Obvious
`Over Treyz In View Of Fuller
`
`U.S. Patent No. 6,678,215
`(“Treyz”) (Ex. 1004)
`
`U.S. Patent No. 6,711,622
`(“Fuller”) (Ex. 1106)
`
`36
`
`
`
`Treyz in view of Fuller
`Claims 1, 2, 5-8 & 10 Are Unpatentable As Obvious
`Over Treyz In View Of Fuller (cont’d)
`
`Petitioners have demonstrated:
`
`• Treyz discloses a “cellular telephone”
`
`• The combination of Treyz in view of
`Fuller would have been obvious
`
`
`
`See, e.g., Reply at 1; cf. PO Response at i
`
`37
`
`
`
`Treyz in view of Fuller – Claim Element 1.A
`Treyz Discloses Claim Element 1.A:
`“a cellular telephone…”
`“[a] telephone with access to a cellular radio system so it can be used
`over a wide area, without physical connection to a network.”
`IPR2014-00408, Institution Decision, Paper 14 at 7
`
`“Suitable communications technologies for providing audio to the audio
`device include technologies based on satellite systems, fiber optics, cable,
`wireless links, microwave links, free-space optical links, combinations of such
`technologies, etc. Communications between the audio device and the audio
`source may be unidirectional (from the audio source to the audio device) or
`may be bidirectional. Communications may involve digital or analog
`transitions. Signals may also involve paging or other messaging transmissions,
`e-mail transmissions, voice mail transmissions, cellular telephone
`transmissions, wireless Internet transmissions, pack
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