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`Exhibit 2124
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`Exhibit 2 124
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`
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`IPR2014-00920
`U.S. Patent 6,771,970
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`
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`By: Thomas Engellenner
`Pepper Hamilton LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`(617) 204-5150 (facsimile)
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`
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`WAVEMARKET, INC. D/B/A LOCATION LABS
`Petitioner
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`v.
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`LOCATIONET SYSTEMS, LTD.
`Patent Owner
`___________________
`
`Case No. IPR2014-00920
`U.S. Patent 6,771,970
`___________________
`
`
`DECLARATION OF DR. NARAYAN MANDAYAM
`IN SUPPORT OF LOCATIONET SYSTEMS, LTD.’S
`PATENT OWNER RESPONSE
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`IPR2014-00920
`U.S. Patent 6,771,970
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`I, Narayan Mandayam, do hereby declare:
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`1.
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`I am making this declaration at the request of Patent Owner LocatioNet
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`Systems, Ltd. in the matter of Inter Partes Review of U.S. Patent No. 6,771,970
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`(the ‘970 patent”) to Dan Meir.
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`2.
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`In the preparation of this declaration, I have studied: (a) the ‘970 patent (Ex.
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`1101); (b) file history of the ‘970 patent (Ex. 1111); (c) Provisional Patent
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`Application No. 60/157,643 (Ex. 1102); (d) U.S. Patent No. 6,321,092 (Fitch;
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`Ex. 1105); (e) U.S. Patent No. 6,002,936 (Roel-Ng; Ex. 1107); (f) U.S. Patent
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`No. 6,243,039 (“Elliot”; Ex. 1003); (g) U.S. Patent No. 6,741,927 (Jones; Ex.
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`1108); (h) U.S. Patent No. 5,758,313 (Shah; Ex. 1109); (i) Petition for Inter
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`Partes Review (Paper 3); (j) Declaration of Scott Hotes (Ex. 1116); (k)
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`Decision – Institution of Inter Partes Review in IPR2014-00199, dated May 9,
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`2014 (Ex. 1104); (l) December 17, 2014 Claim Construction Memorandum
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`Opinion, CallWave Communications, LLC v. AT&T Mobility, LLC, and Google,
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`Inc., Civil Action No. 1:12-cv-01701-RGA (D. Del.), Docket No. 224 (Ex.
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`2122); (m) Patent Owner’s Preliminary Response (Paper 8); (n) Decision –
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`Institution of Inter Partes Review in IPR2014-00920, dated Dec. 16, 2014
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`(Paper 11); (o) Ericsson Review, No. 4, 1999 – The Telecommunications
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`Technology Journal – “Ericsson’s Mobile Location Solution” (Ex. 1115).
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`3.
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`In forming the opinions expressed below, I have considered:
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`1
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`a. The documents listed above;
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`b. The relevant legal standards, including the standard for obviousness and
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`any additional authorities as cited in the body of this declaration; and
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`c. My knowledge and experience based upon my work in this area as
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`described below.
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`Qualifications and Professional Experience
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`4.
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`I received a bachelor degree (with Honors) in 1989 from the Indian Institute of
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`Technology, Kharagpur, and M.S. and Ph.D. degrees in 1991 and 1994 from
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`Rice University, Houston, TX, all in electrical engineering.
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`5.
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`I was a Research Associate at the Wireless Information Network Laboratory
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`(“WINLAB”), Department of Electrical & Computer Engineering, Rutgers
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`University, between 1994 and 1996. In September 1996, I joined the faculty of
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`Department of Electrical & Computer Engineering at Rutgers where I became
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`Associate Professor in 2001, Professor in 2003, and Distinguished Professor in
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`2014. I also served as the Peter D. Cherasia Endowed Faculty Scholar at
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`Rutgers University from 2010 to 2014. Currently, I also serve as Associate
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`Director at WINLAB where I conduct research in various aspects of wireless
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`systems and networks. I teach courses at Rutgers related to Wireless System
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`Design, Wireless Communication Technologies, Wireless Revolution, and
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`Detection and Estimation Theory. I was a visiting faculty fellow in the
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`Department of Electrical Engineering, Princeton University in Fall 2002 and a
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`visiting faculty at the Indian Institute of Science in Spring 2003.
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`6. My research focuses on wireless networks and communications, and I have
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`worked on various aspects of location tracking for wireless devices. Over the
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`last 25 years, I have published a wide range of articles on various aspects of
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`wireless systems including techniques for data transmission, resource allocation
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`strategies, mathematical modeling and performance analysis. Using constructs
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`from game theory, communications and networking, my work has focused on
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`system modeling and performance, signal processing as well as radio resource
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`management for enabling wireless technologies to support various applications.
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`7.
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`I have also coauthored papers on location tracking systems, including one of the
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`early and well-cited papers titled “Decision Theoretic Framework for NLOS
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`Identification” published in the IEEE Vehicular Technology Conference
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`(“VTC”) in 1998. This paper addresses the problem of identifying whether a
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`received radio signal at a base station is due to a line-of-sight (“LOS”)
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`transmission or not (“NLOS”). Such identification is a first step towards
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`estimating the mobile station’s location and the work in this paper laid the
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`foundation for a decision theoretic framework where hypotheses tests of the
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`range measurements are used for NLOS determination.
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`8.
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`I have also worked on sensor assisted localization of mobile devices with a
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`view to satisfying the E-911 requirements stipulated by the U.S. Federal
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`Communications Commission. Specifically, as published in my paper titled
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`“Sensor-Assisted Localization in Cellular Systems” published in the IEEE
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`Transactions on Wireless Communications in 2007, I developed received signal
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`strength based localization algorithms that use inter-sensor aided measurements
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`to estimate the location of the mobile while meeting the E-911 requirements in
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`a wide range of radio transmission environments. Aside from researching
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`mobile location tracking algorithms in cellular networks, I also have
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`considerable experience in the area of tracking of mobile devices using WiFi-
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`based infrastructure. Specifically, I have served as a technical consultant to the
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`company AirTight Networks Inc., a world leader in enterprise network security
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`that offers the next generation of intelligent edge, secure, and flexible WLAN
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`solutions.
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`9.
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`I have received various awards relating to my research on wireless networks
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`and communications, including the 2014 IEEE Donald G. Fink Award for my
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`paper titled “Frontiers of Wireless and Mobile Communications,” the Fred W.
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`Ellersick Prize from the IEEE Communications Society in 2009 for my work on
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`dynamic spectrum access models and spectrum policy, the Peter D. Cherasia
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`Faculty Scholar Award from Rutgers University in 2010, the National Science
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`Foundation Career Award in 1998, and the Institute Silver Medal from the
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`Indian Institute of Technology, Kharagpur in 1989.
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`10.
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`I am a coauthor of the books “Principles of Cognitive Radio,” Cambridge
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`(2012) and “Wireless Networks: Multiuser Detection in Cross-Layer Design,”
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`Springer (2005). I have published over 200 research articles in internationals
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`journals, conferences and workshops. I have also given numerous invited
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`presentations at a variety of industry, government and academic forums.
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`11.
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`I have served as an Editor for the journals IEEE Communication Letters (1999-
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`2002) and IEEE Transactions on Wireless Communications (2002-2004). I
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`have also served as a guest editor of the IEEE JSAC Special Issues on
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`Adaptive, Spectrum Agile and Cognitive Radio Networks (2007) and Game
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`Theory in Communication Systems (2008). I was elected Fellow of the IEEE
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`for “contributions to wireless data transmission.” I am currently serving as a
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`Distinguished Lecturer of the IEEE Communications Society. My curriculum
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`vitae is attached to this declaration.
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`12.
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`In the field of the invention claimed in the ‘970 patent, a person of ordinary
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`skill in the art has a bachelor of science degree in computer science, electrical
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`engineering or a comparable degree and at least two years of experience and
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`knowledge in wide area digital communications systems such as cellular,
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`including system level issues related to active mobile location tracking.
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`13.
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`I am familiar with the knowledge and capabilities of one of ordinary skill in the
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`field of the ‘970 patent in 1999, the time of the filing of the provisional patent
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`application leading to the ’970 patent, based on my experience (1) in the
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`industry, (2) with undergraduate and post-graduate students, (3) with colleagues
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`from academia, and (4) with my role as faculty of Department of Electrical &
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`Computer Engineering at Rutgers. Unless otherwise stated, my statements
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`made herein refer to the knowledge of one of ordinary skill in the field of the
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`invention claimed in the ‘970 patent.
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`Relevant Legal Standard
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`14.
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`I have been asked to provide my opinions regarding whether claims 1-17 and 19
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`of the ‘970 Patent would have been obvious to a person of ordinary skill in the
`
`art at the time of the invention of the ‘970 Patent, in light of the alleged prior
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`art, including the combination of the teachings of Fitch and Roel-Ng.
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`15.
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`It is my understanding that an obviousness analysis includes the consideration
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`of various factors such as the scope and content of the prior art, the difference
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`between the prior art and the claims, the level of ordinary skill in the pertinent
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`art, and the existence of secondary considerations or evidence of non-
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`obviousness. I also understand that technical differences between a claimed
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`invention and prior art references or claimed elements that are missing in the
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`teachings of the prior art references support a finding of non-obviousness.
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`16.
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`I understand that a person of ordinary skill in the art at the time of the claimed
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`invention provides a reference point from which the prior art and claimed
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`invention should be viewed. This reference point prevents a person acting in
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`the present day from using his or her own insight or hindsight in deciding
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`whether a claim is obvious, or not.
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`17.
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`I understand that, when combining references as part of an obviousness
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`analysis, it can be important to identify a reason that would have prompted a
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`person of ordinary skill in the relevant art to combine the elements in a way the
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`claimed “new” invention does. I also understand that teachings from two prior
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`art references cannot be combined such that the basic principle of operation of a
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`reference is changed.
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`18.
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`I understand that the analysis of whether a particular claim is rendered obvious
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`requires a comparison of the language of the claim, as construed, to the prior art
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`on a limitation-by-limitation basis.
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`Claim Construction
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`19.
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`It is my understanding that in the inter partes review proceedings, the claim
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`terms of a patent are given their broadest reasonable interpretation consistent
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`with the specification and file history of the ‘970 patent, as understood by one
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`of ordinary skill in the art. Consistent with that understanding, based on my
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`review of the specification, the file history, the claim construction order issued
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`regarding the ‘970 Patent (Ex. 2122) and as one of ordinary skill in the art at the
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`time of the invention, I would construe the relevant terms as follows:
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`a. “a property that is predetermined for each mobile platform” means a
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`property of a mobile platform determined before a remote tracking
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`system determines the location of the mobile platform. Ex. 1101 at 4:12-
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`15, 5:63-6:19; Ex. 2122 at 8-10.
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`b. “said location determination system is arranged to determine an
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`appropriate one of the plurality of remote tracking systems” means the
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`location determination system is arranged to perform the function of
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`determining which one of the remote tracking systems is appropriate for
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`use, and to cause that system to be used. Pet. at 21 (citing Ex. 1104).
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`c. “mobile platforms” means a mobile device with a tracking unit, e.g., cell
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`phones, and motor vehicles. Pet. at 20.
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`d. “a location determination system” means a centralized computer system
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`that connects to remote tracking systems and subscribers of location
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`information. Pet. at 20.
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`e. “a communication system” means communication hardware, software or
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`protocols for receiving and transmitting location information and requests
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`for location information. Pet. at 20.
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`f. “a plurality of remote tracking systems” means more than one system for
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`determining the location of a mobile device, e.g., GPS (Global
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`Positioning System) or cellular networks. Pet. at 21.
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`The ‘970 Patent
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`20. The ‘970 Patent is directed to a system and method for location tracking of
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`mobile platforms. Ex. 1101 at Abstract, 2:2-28, 3:4-24. Figure 1 shows a
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`system for location tracking of mobile platforms, such as a mobile phone (21),
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`car (22), laptop computer (23), and a briefcase (24). Id. at 3:44-4:5. The
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`system includes one or more location tracking services that offer access to
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`“location tracking systems” (11-14) for tracking the various mobile platforms.
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`Id. at 3:44-57, 4:12-15. The location tracking systems include tracking units
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`that may be placed in the mobile platforms to allow the mobile platforms to be
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`tracked by communicating with the location tracking systems. Id. at 3:58-67.
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`The system also includes a location determination system (1) that may
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`communicate with a subscriber through an Internet web site. The location
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`determination system is also linked to a specifically configured database that
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`“cross-references vehicles and other entities to be tracked with the location
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`tracking service that is capable of tracking them.” Id. at 4:12-15.
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`21. To use the invention, a subscriber may, e.g., log on to the Web site (50) using a
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`Web browser. Id. at 4:37-39, 6:21-24. The Web site communicates to a
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`location determination system (1), which receives the subscriber identity and
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`the identity of the mobile platform (21-24) for which the location is sought. Id.
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`If the subscriber is permitted access to the location determination system, then
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`the location request is passed to the location determination system (1), which
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`accesses a database (2) to determine the appropriate location tracking system
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`(11-14) to track the mobile platform according to a property that is
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`predetermined for the mobile platform. Id. at 4:39-42, 8:45-49.
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`22. After determining the appropriate location tracking system, the communication
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`subsystem (3) formats the request for transmission to the location tracking
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`system. Id. at 4:46-48. “Communication is made using, typically, a
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`communication protocol specific to each location tracking system provider.”
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`Id. at 4:9-11. The specification illustrates an exemplary communication
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`protocol in Figure 4(a), which shows that the request includes at least the field
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`ItemID (200), containing the location tracking system’s identifier of the item to
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`be located. Id. at 5:59-67.
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`23. The location tracking system (11-14) receives the request and determines the
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`location of the mobile platform (21-24). Id. at 4:48-40. To determine the
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`location of a mobile platform, the location tracking systems interact with the
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`mobile platform through either the tracking unit or, in the case of mobile
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`phones, the appropriate functionality that is built-in to the phone. Id. at 3:58-
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`67. “The tracking unit, or equivalent, transmits data via a wireless data
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`transmission protocol, such as GSM radio transmissions to the associated
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`location tracking service provider.” Id. at 3:64-67.
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`24. The location information received by the location tracking system from the
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`tracking unit or equivalent is transmitted back to the communication subsystem
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`(3). Id. at 4:50-52. The communication subsystem transforms the position
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`information into a format usable by the location determination system. Id. at
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`4:53-54, 5:59-6:18. The location determination system (1) then passes the
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`location of the mobile platform to the map server (4), which obtains a map of
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`the area in which the mobile platform is located. Id. at 4:55-59. The map,
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`including the mobile platform position as well as any related location
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`information (e.g., traffic, Yellow pages, and video), may then be communicated
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`to the subscriber’s computer (60) by the location determination system (1) via
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`the Internet (30). Id. at 5:3-10.
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`25. The ‘970 Patent discloses that the map server (4) operates a map engine for
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`manipulating the map database. Id. at 4:15-17. The map server (4) operating
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`the map engine accesses the map database to identify the appropriate map(s)
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`stored in the map database, to correlate the map(s) stored in the map database to
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`the positioning information, to mark the position of the mobile platform on the
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`map(s) in the map database, and then passes the correlated location information
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`to the location determination system (1). Id.
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`Fitch – “Multiple Input Data Management For Wireless Location-Based
`Applications” (Ex. 1105)
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`26. Fitch describes a method and apparatus for processing multiple location finding
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`equipment (LFE) inputs and making the resulting location information available
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`to wireless location-based applications (WLAs). Ex. 1105 at Abstract, 1:9-13,
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`2:23-26. In addition, Fitch discloses:
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`Moreover, in accordance with the present invention,
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`applications are independent of particular LFEs and can
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`access location information from various LFE sources
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`without requiring specific adaptations, data formats, or
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`indeed knowledge of the LFE sources employed, in order
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`to access and use such location information. By virtue of
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`such independence, new location finding technologies can
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`be readily deployed and existing applications can exploit
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`such new technologies without compatibility issues.
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`Id. at 2:30-38 (emphasis added). Fitch’s intended purposes are to use multiple
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`LFE inputs to enhance the location information available to wireless location-
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`based applications and wireless location-based applications that are independent
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`of particular LFEs to address the stated problems in the background art. The
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`system architecture described enables Fitch to accomplish these intended
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`purposes. See Paper 11 at 11-14; Ex. 1105, Fig. 2.
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`27. The “Background of the Invention” in Fitch explains that “it will be appreciated
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`that location-based service systems involve location finding equipment (LFE)
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`and location-related applications. To some extent, the LFEs and applications
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`have developed independently.” Id. at 1:44-46. In addition, Fitch describes the
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`undesirable features and limitations of the background art due to location-based
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`applications that are designed to work with a particular LFE or using single
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`LFE input location determinations:
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`[D]evelopers have generally attempted to match available
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`LFEs to particular applications in order to obtain the
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`location information required by the application. This
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`has not always resulted in the best use of available LFE
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`resources for particular applications. Moreover, applications
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`designed to work with a particular LFE can be disabled
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`when information from that LFE is unavailable, e.g., due to
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`limited coverage areas, malfunctions or local conditions
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`interfering with a particular LFE modality. In addition, the
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`conventional query and response mode of operation between
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`applications and the associated LFEs has resulted in the use
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`by applications of LFE dependent data formats, LFE limited
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`data contents, and single LFE input location
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`determinations.
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`Id. at 2:7-19 (emphasis added).
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`Roel-Ng – “System and Method For Informing Network of Terminal-Based
`Positioning Method Capabilities” (Ex. 1107)
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`28. Roel-Ng discloses a telecommunications system and method for allowing a
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`cellular network to determine the optimum positioning method, having
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`knowledge of all available network-based and terminal-based positioning
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`methods. Ex. 1107 at Abstract, 3:53-57. In order for a network to be flexible
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`enough to select the best positioning method on a case by case situation, it is
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`necessary for the network to have knowledge of the positioning capabilities of
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`all involved nodes, network-based and mobile station-based (i.e., terminal-
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`based). Id. at 3:29-33. Based on all available positioning methods, a Mobile
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`Positioning Center (MPC) has the ability to select either a network-based
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`positioning method or a terminal-based positioning method after all input
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`factors, such as quality of service, have been considered. Id. at 3:33-42. Thus,
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`an intended purpose of Roel-Ng is to “enable a cellular network to determine
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`the optimum positioning method based upon all available network-based and
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`terminal-based positioning methods.” Id. at 3:43-46.
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`29. More specifically, Roel-Ng describes that the cellular network (MPC 370),
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`which has knowledge of all available positioning methods, determines the
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`optimum positioning method:
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`With reference now to FIG. 4 of the drawings, after the
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`classmark information 310, including the MS 300
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`positioning capabilities, has been sent to the MSC/VLR 350
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`(step 400) and forwarded to the MPC 370 (step 420), the
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`MPC 370 must then determine the optimum positioning
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`method based upon the available network-based and
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`terminal-based positioning methods and the quality of
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`service requested by the RA 380 (step 425). Once the
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`positioning method has been chosen, e.g., either network-
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`based or a terminal-based method (step 425), the
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`positioning request, along with the positioning method, is
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`sent to the serving MSC/VLR 350 (steps 430 and 440).
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`Id. at 5:30-41 (emphasis added), FIG. 4.
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`Analysis On Combining Fitch and Roel-Ng
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`30.
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`I understand that Petitioner relies on combination of Fitch and Roel-Ng for
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`teaching “said location determination system is arranged to determine an
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`appropriate one of the plurality of remote tracking systems” recited in
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`independent claim 1 of the ‘970 patent as well as “determining for each mobile
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`platform one of the remote tracking systems that is capable of locating said
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`platform in independent claims 14, 16, and 19. Specifically, Petitioner asserts
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`that Fitch teaches LFS or LM 214 receives inputs from multiple LFEs 202, 204,
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`206 that may be based on different technologies, and may provide different
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`types of location information in different formats, with different accuracies
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`based on different signals. Pet. 24 (citing Ex. 1105, col. 6, ll. 30–39).
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`Petitioner further asserts that Fitch teaches a wireless location interface (WLI)
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`that allows WLAs 226, 228, 230 to selectively prompt one or more LFEs 202,
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`204, and/or 206 to initiate a location determination. Id. at 24–25 (citing Ex.
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`1105, col. 10, ll. 59–63; col. 10, l. 66–col. 11, l. 3); see id. at 41–42. Petitioner
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`contends “said location determination system is arranged to determine an
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`appropriate one of the plurality of remote tracking systems” is taught by Roel-
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`Ng’s Mobile Positioning Center (MPC) 370, 270, which is provided with
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`information concerning which positioning methods (e.g., network-based or
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`terminal based method) that each Mobile Station (MS) 300 is capable of
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`performing, and uses this information and other criteria (e.g., requested quality
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`of service) to determine an appropriate method to use to determine the MS
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`position. Id. at 25–26 (citing Ex. 1105, col. 4, ll. 41–59; col. 5, ll. 30–44; Figs.
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`3, 4; Ex. 1116 ¶¶ 34–47); see id. at 42–43.
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`31. Based on the above teachings derived separately from Fitch and Roel-Ng, the
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`Petitioner then argues that one of ordinary skill in the art at the time of
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`invention would have combined the teachings of Fitch and Roel-Ng. The
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`central idea supporting this argument is that based on Roel-Ng’s teachings, the
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`MPC 370,270 selects the optimum processing method for the mobile station to
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`be located based on constraints such as quality of service; and it would have
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`been obvious to move Fitch’s prompting of the LFEs from the WLAs to the
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`LFS or LM because it contains the LC and all of the information concerning the
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`LFEs. I understand that the Petitioner uses the assumption that the MPC 370,
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`270 of Roel-Ng is the analog of Fitch’s LFS or LM, 116, 214, and further
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`contends that moving Fitch’s prompting of the LFE from the WLAs to the LFS
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`or LM, is obvious to someone of ordinary skill in the art at that time of the
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`invention of the ‘970 Patent.
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`32.
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`I disagree with Petitioner’s obviousness argument as I will explain next. The
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`Roel-Ng patent is fundamentally about a cellular system, and it is as such
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`designed to improve the flexibility within a cellular system by making the
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`optimal choice of positioning method (either a network-based positioning
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`method or a terminal-based positioning method). The architecture shown in the
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`Figures 1, 2 and 3 of Roel-Ng are intrinsically cellular architectures where all
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`nodes, devices and applications must be specifically designed to work within
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`the operational, functional and architectural constructs specified in the cellular
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`system architecture. The entities (terms) identified in these Figures (and used
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`throughout the Roel-Ng patent) such as MSC, VLR, MPC, BSC, BTS, HLR are
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`all standard terms that are used in architectures for location services in cellular
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`networks. See Ex. 1115 at p. 214-15.
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`33.
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`In fact, the inventors of the Roel-Ng patent are from Ericsson, a company that is
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`one of the pioneers of GSM technology, a 2nd generation cellular standard, and
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`as such Roel-Ng describes a system that works within in an intrinsically cellular
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`architecture.
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`34. Further, in the Roel-Ng patent, as is defined by the operational, functional and
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`architectural constraints specified by the cellular network, the cellular network
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`has knowledge of all network-based and positioning-based methods. Ex. 1107
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`at Abstract, 3:29-33, 3:53-57. Specifically, each MS sends to the MSC a list of
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`terminal-based positioning methods that the MS is capable of performing using
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`the CLASSMARK class of message. This list is then forwarded to the MPC for
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`determination of the optimum positioning method. In addition, as stated in col.
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`3, lines 33-41 of the Roel-Ng patent, the MPC selects a network-based or MS-
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`based positioning method taking into account the several (input) factors such as:
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`requested quality of service, time of day of request, requesting application,
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`subscription status of the subscriber as well as positioning method capabilities
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`of the serving network 205 and of the subscriber terminal. Clearly, the MSC
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`(and MPC) is able to obtain such detailed and multidimensional information
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`due to the fact that all nodes, devices and applications must be compatible and
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`designed to work exclusively within the operational, functional and
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`architectural constructs specified in the cellular network including the
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`requesting application (RA) 280.
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`35. Let me highlight the above point with an example described in Figure 2 of the
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`Roel-Ng patent. As described in col 2, lines 21-67 and col 3, lines 1-25 of
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`Roel-Ng, upon a network positioning request from a requesting application
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`(RA) 280 to locate a mobile MS 200, timing advance (TA) values (which are a
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`measure of the distance between the MS and a receiver) are calculated from
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`three different base transceiver stations (BTS) 210, 220, 230. Since only one of
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`the three BTS (BTS 220) is the serving base station for the MS, a positioning
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`handover request is initiated for the other two BTS 210, 230 so that they can
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`calculate the TA values. As stated in col 3, lines 1-10, this is accomplished by
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`specifying explicitly to BTS 210 and BTS 230 a new ACTIVATION TYPE in
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`the CHANNEL ACTIVATION message. This specific data format allows the
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`BTS 210 and BTS 230 to recognize that this request for handover is only to
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`calculate a corresponding TA value. Alternatively, the MS itself could position
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`itself using a GPS receiver built into it. As stated in col 3, lines 28-41 of Roel-
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`Ng, in order to make the determination which of these two methods should be
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`used (i.e., the network-based method which uses the TA from the three BTS or
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`the MS-based method which uses GPS information), the network 205 and by
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`extension the MPC 270 must have detailed knowledge about the positioning
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`method capabilities of all involved nodes as well as other information such as
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`requested quality of service and the requesting application itself. To
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`summarize, Roel-Ng is fundamentally designed to work strictly within the
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`constructs of a cellular system.
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`36. The Fitch patent, on the other hand, tries to enhance the location information
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`made available to wireless location-based applications by using multiple
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`location finding equipment (LFE) inputs. As shown in the architecture in
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`Figure 1 of Fitch, a location finding system (LFS) can receive inputs from
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`multiple LFEs and provide location outputs to multiple wireless location-based
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`applications. As indicated in the “Summary of the Invention” in col 2, lines 22-
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`38 of the Fitch patent, the invention is intended to allow wireless location-based
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`applications access to information based inputs from LFEs of different types,
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`thereby enhancing timeliness, accuracy and/or reliability of the requested
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`location information. Further, a key aspect of the innovation in Fitch is to
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`enable independence of applications to particular LFEs, including independence
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`from requiring specific adaptations, data formats or even knowledge of the LFE
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`sources employed in obtaining the location information. In fact, such
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`independence is highlighted in col 2, lines 28-35 as an innovation that enables
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`existing applications to exploit new technologies that are deployed for location
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`finding. Further, as illustrated in Figure 2 of Fitch and described in col 10, lines
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`58-67 and col 11, lines 1-8, the system includes a wireless location interface
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`(WLI) 224 that allows wireless location applications 226, 228 and 230 to access
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`location information originating from any available LFE source without
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`concern for LFE dependent data formats or compatibility issues. While no
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`details are provided in Fitch about how exactly the LFS interacts with the MSC
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`of a cellular system or more generally the traditional location services
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`architecture (as shown in Figure 1 in Roel-Ng) of a cellular network, the real
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`emphasis of the Fitch invention is (1) the ability to process multiple LFE inputs
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`and (2) enable independence of applications to the actual LFEs themselves.
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`37. This innovation in Fitch that enables such application independence seems in
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`contrast to the innovation in Roel-Ng which provides improved flexibility only
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`within the centralized cellular system by allowing the MSC (and MPC) to select
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`one of either network-based or MS-based positioning methods after taking into
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`consideration detailed information about all the nodes in the cellular network.
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`Therefore, combining the Fitch and Roel-Ng patents seems contradictory to the
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`spirit of the innovation and purpose of Fitch as is identified in the Fitch patent
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`itself. One of ordinary skill in the art would not be able to find claim 1, or
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`similarly claims 14, 16, and 19 of the ‘970 patent obvious by combining the
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`teachings of Fitch and Roel-Ng, as alleged.
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`38. Moreover, even if we naively use the greatest level of abstraction and assume
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`that both Fitch and Roel-Ng are essentially each equipped with processing
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`facilities (i.e., the LFS and MPC respectively) that facilitate location
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`information to the application from the location finding technologies, they are
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`still fundamentally different as I will describe next.
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`39.
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`In the abstraction of Fitch, the processing unit (LFS) obtains from each of the
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`two LFEs, a corresponding information vector that has the following
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`information: location information and corresponding time information for a
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`wireless station, location uncertainty information, travel
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