throbber
Petitioner’s Trial PresentationPetitioner s Trial Presentation
`
`Inter Partes Review
`Case No. IPR2014-01084
`
`U.S. Patent No. 7,126,468U.S. Patent No. 7,126,468
`
`Oral Hearing September 2, 2015
`
`10:00 AM10:00 AM
`
`1
`
`IPR2014-01084 URC Ex. 1057 Page 1
`
`

`
`‘468 Patent Monitors Command Transmissions
`
`See Ex. 1001, FIG. 1
`
`and 4:25 31and 4:25-31.
`
`2
`
`IPR2014-01084 URC Ex. 1057 Page 2
`
`

`
`Representative Claim 27 of the ‘468 Patent
`27. A method of updating a data
`Patent Owner
`representative of a current state of an
`
`intended target appliance, comprising:intended target appliance, comprising:
`
`didisputes that the t th t th
`
`
`receiving a transmission from a remote
`prior art, Cohen,
`control; and
`comparing the transmission from the
`
`discloses the claimeddiscloses the claimed
`remote control to a plurality of commands
`“updating … a current
`to determine if the transmission from
`
`[a] targetstate ofthe remote control is one for commanding an state of … [a] target
`
`operation of the intended target appliance
`appliance.”
`and
`
`to update the data to represent the
`
`current state of the intended targetcurrent state of the intended target
`appliance which will result from the
`intended target appliance performing the
`
`operation commandedoperation commanded.
`
`PORSSee POR at 5-7.5 7
`
`
`
`
`
`
`
`3
`
`IPR2014-01084 URC Ex. 1057 Page 3
`
`

`
`“Updating” is NOT Limited to a Specific Device
`
`27. A method of updating a data
`representative of a current state of an
`
`intended target appliance comprising:intended target appliance, comprising:
`receiving a transmission from a remote
`control; and
`
`comparing the transmission from thecomparing the transmission from the
`remote control to a plurality of commands
`to determine if the transmission from
`the remote control is one for commanding an
`operation of the intended target appliance
`and
`
`to update the data to represent the
`current state of the intended target
`appliance which will result from the intended
`target appliance performing the operation
`d dcommanded.
`
`
`Patent Owner argues
`
`incorrectly that theincorrectly that the
`claims require that
`
`“the monitoring g
`device updates data
`representing the
`fcurrent state of a
`
`target appliance.”
`
`See POR at 2 (emphasis changed).
`
`4
`
`IPR2014-01084 URC Ex. 1057 Page 4
`
`

`
`‘468 Patent Teaches Updating Data in Different
`
`Devices, NOT Just the Monitoring DeviceDevices, NOT Just the Monitoring Device
`-- The ’468 patent
`
`discloses updatingdiscloses updating
`“state tables.”
`See, e.g., Ex. 1001,
`
`AbstractAbstract.
`
`-- The updated
`
`
`t blt tstate tables can be b
`
`in the appliance, the
`command receiver,
`or a remote device.
`See Ex. 1001 at 9:12-15
`and Pet. Reply at 5.
`
`5
`
`IPR2014-01084 URC Ex. 1057 Page 5
`
`

`
`Cohen Discloses “Updating”
`-- Patent Owner argues that “to the extent that
`
`any device in Cohen is updating dataany device in Cohen is updating data
`representing an appliance’s state, it is the
`
`entirely separate ‘outside world’ hostentirely separate outside world host
`computer, and not monitor 34 of of Cohen.”
`See POR at 6 (emphasis added).
`
`-- The claims, however, do not limit “updating”
`to be performed by only one specific device,
`such as the monitor.
`See Pet. Reply at 5.
`
`6
`
`IPR2014-01084 URC Ex. 1057 Page 6
`
`

`
`Cohen Discloses “Updating” in Monitoring Device 34
`
`Even Under Patent Owner’s ConstructionEven Under Patent Owner s Construction
`
`Ex. 1005 (Cohen) at Cover Page & 4:4-5.
`
`7
`
`IPR2014-01084 URC Ex. 1057 Page 7
`
`

`
`Cohen Discloses “Updating” in Monitoring Device 34
`
`Even Under Patent Owner’s ConstructionEven Under Patent Owner s Construction
`
`Ex. 1005 (Cohen) at
`
`5:20 25 and FIG 25:20-25 and FIG. 2.
`
`8
`
`IPR2014-01084 URC Ex. 1057 Page 8
`
`

`
`Cohen Discloses “Updating” in Monitoring Device 34
`
`Even Under Patent Owner’s ConstructionEven Under Patent Owner s Construction
`
`• Patent Owner admits that
`Cohen discloses “capturing
`and logging remote control
`
`ttransmissions” in monitoring i i ” i it i
`
`
`
`
`
`device 34.
`See POR at 6 and Pet. Reply at 8.
`• The ordinary meaning of
`“update” is “bring up to
`date.”
`See Decision to Institute (Paper 9) at 7.
`
`Ex. 1005 (Cohen) FIG. 3
`
`9
`
`IPR2014-01084 URC Ex. 1057 Page 9
`
`

`
`“State” does NOT Exclude Channel Selection
`
`27. A method of updating a data
`representative of a current state of an
`
`intended target appliance comprising:intended target appliance, comprising:
`receiving a transmission from a remote
`control; and
`
`comparing the transmission from thecomparing the transmission from the
`remote control to a plurality of commands
`to determine if the transmission from
`the remote control is one for commanding an
`operation of the intended target appliance
`and
`
`to update the data to represent the
`current state of the intended target
`appliance which will result from the
`intended target appliance performing the
`tioperation commanded.d d
`
`
`
`Patent Owner argues
`
`incorrectly thatincorrectly that
`Cohen’s channel
`
`selection data doesselection data does
`not represent the
`claimed “state of a
`target appliance.”
`
`
`
`See POR at 7 (emphasis added)See POR at 7 (emphasis added).
`
`10
`
`IPR2014-01084 URC Ex. 1057 Page 10
`
`

`
`Channel Selection is a “State”
`• The ‘468 patent’s state
`table indicates the state
`of a device based on
`the commands
`
`transmitted thereto. transmitted thereto.
`See Ex. 1001 (‘468 Pat.) at
`4:64-5:10 and FIG. 4.
`• Channel selection isChannel selection is
`
`such a command.
`See Pet. Reply at 6.
`
`11
`
`IPR2014-01084 URC Ex. 1057 Page 11
`
`

`
`Cohen Discloses Locally Maintained Data of
`
`DDependent Claims 33 and 49d Cl i 33 d 49
`
`
`
`
`
`• Claim 33 requires that the updated “data is maintained
`locally within a device which receives the transmission.”
`Claim 49 similarly requires “the data is maintained locally
`
`within the transmission monitoring device ”within the transmission monitoring device.
`• As discussed above, Cohen discloses locally maintained
`
`data in monitor 34. See, e.g., Ex. 1005 (Cohen) at 4:1-7.data in monitor 34. See, e.g., Ex. 1005 (Cohen) at 4:1 7.
`
`12
`
`IPR2014-01084 URC Ex. 1057 Page 12
`
`

`
`The Cohen Reference Was Not Considered By
`
`h Ethe Examineri
`
`The Cohen Reference is NOT listed as
`f h R fone of the References Cited in the ‘468 Ci d i h ‘468
`
`
`
`Patent.
`
`• Cohen (5,235,414) is
`addressed only in the
`BACKGROUND section of the
`‘468 Patent.
`(Ex. 1001, 1:18-28)
`
`• The Examiner never
`discussed Cohen in the ‘468
`File History. y
`(Pet. Reply, p. 2)
`
`13
`
`IPR2014-01084 URC Ex. 1057 Page 13
`
`

`
`CERTIFICATE OF SERVICE
`
`On the below date, I served the foregoing document on the following
`
`counsel of record via email (with counsel’s agreement):
`
`Eric J. Maiers (maierse@gtlaw.com)
`James J. Lukas (lukasj@gtlaw.com)
`Matthew J. Levinstein (levinsteinm@gtlaw.com)
`Rob R. Harmer (harmer@gtlaw.com)
`GREENBURG TRAURIG, P.C.
`77 West Wacker Drive
`Suite 3100
`Chicago, IL 60101
`
`DATED: August 31, 2015
`
`/Jeannie Ngai/
`Jeannie Ngai
`Ostrolenk Faber LLP
`1180 Ave. of the Americas
`7th Floor
`New York, NY 10036
`
`CERTIFICATE OF FILING
`I hereby certify that the foregoing is being electronically filed with the
`
`USPTO on the date below.
`
`DATED: August 31, 2015.
`
`{01796276.1}
`
`By: /Jeannie Ngai/
`Jeannie Ngai

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket