Petitioner’s Trial Presentation
`
`Inter Partes Review
`Case No. IPR2014-01109
`
`U.S. Patent No. 7,831,930U.S. Patent No. 7,831,930
`
`Oral Hearing September 2, 2015
`
`1:00 PM1:00 PM
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`1
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`IPR2014-01109 URC Ex. 1057 Page 1
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`
`
`Inter Partes Review
`Case No. IPR2014-01109
`
`U.S. Patent No. 7,831,930U.S. Patent No. 7,831,930
`
`Oral Hearing September 2, 2015
`
`1:00 PM1:00 PM
`
`1
`
`IPR2014-01109 URC Ex. 1057 Page 1
`
`
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`The ‘930 Patent Discloses Multiple Favorite
`
`ChChannels Lists for Remote Controls l Li f R C l
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`
`
`
`
`Ex. 1001 at FIGS. 1 & 17a
`and 12:14-20.
`
`2
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`IPR2014-01109 URC Ex. 1057 Page 2
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`
`
`Construction Of “Interact With”Construction Of Interact With
`
`An electronically readable media having
`1.
`embedded instructions executable by a processing device of
`
`a hand held device for displaying information to a user of p y g
`the hand held device, the instructions performing steps
`comprising: allowing a plurality of lists of favorite channels
`to be defined for display in a display of the hand held device;
`and
`
`Patent Owner’s Construction:
`
`"select a channel from“select a channel from
`(POR, p. 4)
`
`accepting input into the hand held device that
`specifies to the hand held device that the hand held device
`is to placed into a mode to control at least one of a plurality
`
`of home appliances and in response using the input toof home appliances and, in response, using the input to
`select at least one of the plurality of lists of favorite
`channels whereby
`the user may interact with the at least one of the
`
`plurality of lists when displayed in the display of the handplurality of lists when displayed in the display of the hand
`held device to cause the hand held device to transmit one or
`more command codes to the at least one of the plurality of
`home appliances associated with the specified mode for the
`
`purpose of tuning the at least one of the plurality of homepurpose of tuning the at least one of the plurality of home
`appliances to a channel represented on the at least one of
`the plurality of lists of favorite channels
`
`Petitioner’s Construction:
`
`Plain and ordinary meaning
`
`
`
`(Pet Reply p 1)(Pet. Reply, p. 1)
`
`3
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`IPR2014-01109 URC Ex. 1057 Page 3
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`
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`The ‘930 Patent Discloses “Interacting” By Scrolling
`Through Channels In a Favorite Channel List
`
`
`
`(Ex 1001 12:15 29)(Ex. 1001, 12:15-29)
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`4
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`IPR2014-01109 URC Ex. 1057 Page 4
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`
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`Patent Owner’s Expert Admits That “Interact
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`Wi h” IWith” Includes Scrollingl d S lli
`
`
`
`
`
`
`(Ex. 1052, 137:4-9)(Ex. 1052, 137:4 9)
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`
`
`(Ex. 1052, 236:14-23)(Ex. 1052, 236:14 23)
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`5
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`IPR2014-01109 URC Ex. 1057 Page 5
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`
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`Construction of “a channel represented on the at least
`f thone of the plurality of lists of favorite channels”l lit f li t f f it h l ”
`
`
`
`
`
`
`
`
`
`“…the user may interact with the at y
`
`•
`least one of the plurality of lists when
`displayed in the display of the hand held
`device to cause the hand held device to
`
`ttransmit one or more command codes to it d d t
`
`
`
`
`the at least one of the plurality of home
`appliances associated with the specified
`
`mode for the purpose of tuning the at least p p g
`
`one of the plurality of home appliances to a
`channel represented on the at least one of
`the plurality of lists of favorite channels.”
`
`Ex. 1001, Claim 1, col. 38:39-47
`
`Patent Owner’s Construction:
`“a channel depicted on the display of
`the remote when the user interacts with
`the displayed list of favorite channels”
`(POR, p.10)
`
`Petitioner’s Construction:
`Plain and ordinary meaning
`
`(Pet Reply p 7)(Pet. Reply, p. 7)
`
`6
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`IPR2014-01109 URC Ex. 1057 Page 6
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`
`
`Patent Owner’s Construction of “Represented
`
`IO ” iOn” is Improperly Narrow And Incorrectl N A d I
`
`
`
`
`•
`
`• Patent Owner replaces the term "represented on" with "depicted on"
`(displayed on) and requires the tuned-to channel to be visible on the display
`The term “displayed” is used in two other places in claim 1. (Ex. 1001,
`38:27-47).
`Thus Patent Owner’s use of the term “represented on” was a choice to use
`a different term with a different meaning than “display on”(Pet. Reply, p. 6)
`
`•
`
`Patent Owner’s expert testified that
`
`“depicted on” and “displayed on” havedepicted on and displayed on have
`the same meaning. (Ex. 1052, 148:20-
`24)
`
`7
`
`IPR2014-01109 URC Ex. 1057 Page 7
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`
`
`Patent Owner Improperly Adds a
`
`““Temporal” Limitationl” i i i
`
`
`
`• Patent Owner further improperly imposes a temporal limitation requiring
`the channel to be displayed "when the user selected the channel from the
`displayed favorite channel list.” (POR, p. 11)
`
`• Patent Owner’s temporal limitation is based purely on its improper
`construction of “interact with.” (POR, p. 16)
`
`•
`
`There is nothing in claim 1 or the specification that imposes any temporal
`limitation on this claim element. (Pet. Reply, p. 7)
`
`8
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`IPR2014-01109 URC Ex. 1057 Page 8
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`
`
`Displaying a “List” Includes Displaying Individual
`ElElements
`
`• As the Board acknowledges, a “list” as used in claim 1 does not require “that items
`in a list be displayed all at once, but the items may be written or printed (as to an
`electronic display) one after the other.” (Decision To Institute, p. 11)
`
`t th ‘930 t t t thi t ti b di l i li tdA th B• As the Board notes, the ‘930 patent supports this construction by disclosing a list
`
`
`
`
`
`
`
`
`
`
`
`
`
`of icons that are displayed one at a time. Id, pp. 11-12 and Ex. 1001, 16:25-30 and
`Fig. 15d.
`
`
`
`Ex 1001 16:25 30Ex. 1001, 16:25-30
`
`9
`
`IPR2014-01109 URC Ex. 1057 Page 9
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`
`
`Evans Discloses Displaying The Name Of The
`
`Key Or Function Under Patent Owner’s NarrowKey Or Function Under Patent Owner s Narrow
`Construction
`
`Evans discloses that the name of the
`key or function appears on the display
`when a user interacts with that key.
`(Ex. 1004, 11:57-12:4)
`
`(Ex. 1004, 11:57-12:4)
`
`10
`
`IPR2014-01109 URC Ex. 1057 Page 10
`
`
`
`Realistic Discloses Scrolling Through a Favorite
`
`ChChannel Listl Li
`
`
`(Ex. 1003 at 20)
`
`11
`
`IPR2014-01109 URC Ex. 1057 Page 11
`
`
`
`Realistic Discloses Display Of A Channel Number
`
`When Interacting Even Under Patent Owner’sWhen Interacting Even Under Patent Owner s
`Narrow Construction
`Patent Owner’s expert, Alex Cook, and the Board understood that Realistic discloses
`displaying a channel number when interacting with a list of favorite channels:
`
`(Decision Denying Rehearing, Paper 12, p. 2)
`
`(Ex. 1052 (Cook Dep.) at 237:16-25)
`
`12
`
`IPR2014-01109 URC Ex. 1057 Page 12
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`
`
`Realistic and Evans disclose favorite “channels defined for
`
`ildidisplay in a display of the hand held device”di l f th h d h ld d i ”
`
`
`
`
`
`
`
`•
`
`• Patent Owner’s contention that this term requires an “attribute” of the
`hchannel for display is simply incorrect. No “attribute” is referred to in l f di l i i l i N “ ib ” i f d i
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`either the claim itself or anywhere in the ‘930 patent.
`The term “defined for display in … the hand held device” was added to
`
`ididistinguish prior art in which a favorite channel list was displayed in i h i i hi h f i h l li di l d i
`
`
`
`
`
`
`
`
`
`
`
`another component, not the hand held device. It was not added to limit
`how favorite channels are displayed. (Pet. Reply, p. 12 and Ex. 1002, pp.
`
`427 433 434)427, 433-434)
`The Realistic reference discloses displaying channels in the display. (Pet.,
`p. 16)
`
`•
`
`13
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`IPR2014-01109 URC Ex. 1057 Page 13
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`
`
`Realistic and Evans Are Properly CombinedRealistic and Evans Are Properly Combined
`
`• As recognized by the Board, "[i]f a technique has been used to improve one
`device, and a person of ordinary skill in the art would recognize that it would
`
`
`iimprove similar devices in the same way, using the technique is obvious unless its i il d i i h i h h i i b i l i
`
`
`
`
`
`
`
`
`
`
`
`actual application is beyond his or her skill." (Decision to Institute, Paper 9, p. 10).
`The display of keys or functions thereof in Evans was a known improvement that
`would be obvious to combine with the Realistic reference.
`
`(Ex. 1003, p. 1 (Realistic Reference))
`
`(Ex. 1004 (Evans))
`
`14
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`IPR2014-01109 URC Ex. 1057 Page 14
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`
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`
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`The Realistic Reference Is Prior ArtThe Realistic Reference Is Prior Art
`
`(Ex. 1054, p. 1)
`
`(Ex. 1054, p. 2)
`
`15
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`IPR2014-01109 URC Ex. 1057 Page 15
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`
`
`
`
`The Realistic Reference Is Prior ArtThe Realistic Reference Is Prior Art
`
`(EX. 1053, p.1)
`
`(Ex. 1053, p.1)
`
`16
`
`IPR2014-01109 URC Ex. 1057 Page 16
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`
`
`No Secondary Considerations of Non-Obviousness
`
`• No nexus between the ‘930 patent and alleged commercial
`
`success of Logitech and Nevo products. g p
`
`(Pet. Reply, p. 16-21)
`• The Logitech license included many other patents and was
`
`isigned under threat of litigation. (Pet. Reply, p. 22-23) d d th t f liti ti (P t R l 22 23)
`
`
`
`
`
`
`
`
`• Mr. Ammari is not qualified to testify about nexus and did no
`
`analysis of the ‘930 patent with respect to any products. y p p y p
`
`
`
`(Pet. Reply, p. 17 and 19-20)
`• The Nevo and Logitech products appear not to use all of the
`
`
`ilclaimed features (for example, lack multiple favorite channel d f t (f l l k lti l f it h l
`
`
`
`
`
`
`
`
`
`
`
`lists). (Pet. Reply, p. 18 and 21-22)
`
`17
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`IPR2014-01109 URC Ex. 1057 Page 17
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`
`
`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
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