UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________________________________________
`
`SONY CORPORATION OF AMERICA
`Petitioner
`
`
`Patent No. 7,612,843
`Issue Date: Nov. 3, 2009
`Title: STRUCTURE AND DRIVE SCHEME FOR LIGHT EMITTING DEVICE
`MATRIX AS DISPLAY LIGHT SOURCE
`__________________________________________________________________
`
`PETITION FOR INTER PARTES REVIEW
`
`OF U.S. PATENT NO. 7,612,843
`
`No. IPR2014-01268
`
`__________________________________________________________________
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`Table of Contents
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`
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`I. Mandatory Notices (37 C.F.R. § 42.8) ........................................................... 1
`II. Grounds for Standing (37 C.F.R. § 42.104(a)) ................................................ 1
`III. Identification of Challenge (37 C.F.R. § 42.104(b)(1)-(3)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1)) ............................................................... 2
`A. Background of the ’843 Patent ................................................................................... 2
`B. Prosecution History of the ’843 Patent ..................................................................... 6
`C. Priority Date of the Relevant Claims of the ’843 Patent ......................................... 6
`D. Patents and Printed Publications Relied On ............................................................. 8
`E. Statutory Grounds for Challenge ............................................................................. 17
`F. Claim Construction .................................................................................................... 17
`IV. How the Challenged Claims Are Unpatentable (37 C.F.R. § 42.104(b)(4)-
`(5)). ................................................................................................................ 19
`A. Claims 14, 18, 20, 25, and 26 are rendered obvious under 35 U.S.C. § 103(a) by
`Van Woudenberg in view of Harbers ...................................................................... 20
`B. Kawabe Anticipates Claims 14 and 19 .................................................................... 32
`C. The Grounds Related to Van Woudenberg in view of Harbers and Kawabe Are
`Not Redundant. .......................................................................................................... 39
`V. Conclusion .................................................................................................... 40
`VI. Appendix: Abridged Claim Charts ............................................................... 41
`A. Van Woudenberg and Harbers ................................................................................. 41
`B. Kawabe ........................................................................................................................ 52
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`ii
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`List of Exhibits
`
`Exhibit Name
`Ex. No.
`Sony-1001 U.S. Patent No. 7,612,843 (“the ’843 Patent”)
`Sony-1002
`Public PAIR Transaction History for U.S. Pat. Appl. No. 11/754,268
`Sony-1003 U.S. Provisional Appl. No. 60/767,534 (“the ’534 Provisional
`Application”)
`Sony-1004 Expert Declaration of Richard A. Flasck (“Flasck Decl.”)
`Sony-1005 Curriculum Vitae of Richard A. Flasck
`Sony-1006 U.S. Pat. Appl. Pub. No. 2010/0020002 to Van Woudenberg et al. (“Van
`Woudenberg”)
`Sony-1007 U.S. Pat. Appl. Pub. No. 2003/0058229 to Kawabe et al. (“Kawabe”)
`Sony-1008 U.S. Pat. Appl. Pub. No. 2005/0073495 to Harbers et al. (“Harbers”)
`Sony-1009
`International Pub. No. WO 2006-070323 to Van Woudenberg
`
`
`
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`iii
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`I. Mandatory Notices (37 C.F.R. § 42.8)
`
`Real Party-in-Interest: Sony Corporation of America (“Sony” or “Petitioner”).
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`Related Matter: Dr. Chen-Jean Chou v. Sony Corporation, Sony Corporation of America, and
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`Sony Electronics Inc., 13-cv-01661 (S.D. Cal.) (“the related District Court action”).
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`Lead Counsel:
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`Lewis Popovski, Reg. No. 37,423.
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`Backup Counsel: Paul Qualey, Reg. No. 45,027.
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`Electronic Service: Sony-Chou@kenyon.com
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`Post and Delivery: Kenyon & Kenyon LLP, One Broadway, New York, NY 10004.
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`Telephone: 212-425-7200
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`Facsimile: 212-425-5288
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`II. Grounds for Standing (37 C.F.R. § 42.104(a))
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`Petitioner certifies that the patent for which review is sought, U.S. Patent No.
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`7,612,843 (“the ’843 Patent,” Sony-1001), is available for inter partes review and that
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`Petitioner is not estopped from requesting an inter partes review challenging the patent
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`claims on the grounds identified in this Petition. Petitioner submits that, pursuant to
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`35 U.S.C. § 315(b), it is not barred from filing this Petition because Petitioner
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`(including any privies) was not served with a complaint asserting infringement of the
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`’843 Patent more than one year prior to the filing of this Petition.
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`1
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`III. Identification of Challenge (37 C.F.R. § 42.104(b)(1)-(3)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1))
`
` Petitioner challenges claims 14, 18-20, and 25-26 of the ’843 Patent under 35
`
`U.S.C. §§ 102 and 103, and cancellation of those claims is requested.
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`A. Background of the ’843 Patent
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`The ’843 Patent is directed to a display system that uses a matrix of light emitting
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`diodes (LEDs) and a matrix of light valves, such as liquid crystal display (LCD) pixels.
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`See Sony-1001 2:15-18; 3:3-10; 5:16-18. The basic configuration of the LEDs and the
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`LCD pixels is shown in the below figure from the ’843 Patent. See id. 5:4-20
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`Sony-1001 Fig. 3 (annotated)
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`As shown, the LCD panel is placed in alignment with the LED panel. The LEDs
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`emit light that is provided to the LCD pixels. The LCD pixels regulate the amount of
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`2
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`light from the LEDs that is transmitted through the LCD panel to form a composite
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`image. The LCD panel includes a greater number of pixels than LEDs such that the
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`light from a single LED can be provided to more than one pixel of the LCD array. See
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`id. 1:45-51; 2:15-18; 5:4-20.
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`The ’843 Patent states that conventional LCD displays typically use a static light
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`source. See id. 1:23-26. The ’843 Patent further states that it is known that image
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`quality can be enhanced by using a dynamically controlled light source. With a
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`dynamically controlled light source, the amount of light emitted by the light source
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`(i.e., the light source intensity or brightness) is controlled based on image data. See id.
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`1:26-29. For example, the amount of light emitted can be increased when a brighter
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`image is to be displayed and can be decreased when a darker image is to be displayed.
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`The ’843 Patent states that image enhancement and power efficiency improves as
`
`the number of dynamically controlled light sources is increased, in comparison to a
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`single dynamically controlled light source that illuminates an entire LCD panel. See id.
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`1:29-37. To realize these alleged benefits, the ’843 Patent describes an LCD display
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`that uses an LED array (as shown in Figure 3, supra) with each LED capable of being
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`controlled individually. See id. 2:32-34; 5:4-20.
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`To control the operation of the LED and LCD arrays, the ’843 Patent describes
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`“an image scanning scheme.” Id. 2:28-30. While various alleged inventions are
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`described by the ’843 Patent, the imaging scanning scheme used to control the LED
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`3
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`and LCD arrays is the focus of the claims of the ’843 Patent for which inter partes
`
`review is sought.
`
` The ’843 Patent describes the claimed image scanning scheme with reference to
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`Figure 15 which shows a side view of “LED array 1501 and image display array
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`1502.” Id. 9:17-20.
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`Sony-1001 Fig. 15 (annotated)
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`Sony-1001 Fig. 15 (annotated)
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`Image data is scanned into the LED and LCD arrays on a row-by-row basis from the
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`top down. The ’843 Patent describes sequentially turning off and then turning on
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`rows of LEDs of the LED array 1501. A row of LEDs is turned back on once image
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`control data for the row is received which is provided during the time the LEDs are
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`turned off. See id. 9:17-34.
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`
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`4
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`The ’843 Patent further describes controlling the LCD array such that the rows of
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`LCD pixels are sequentially turned off, receive image control data, and are then
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`turned back on in synchronization with the control of corresponding sections of the
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`LED array. See id. 9:35-51.
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`In relation to the claims for which inter partes review is sought, independent claim
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`14 recites an “image display device comprising a first 2-dimensional array of image
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`elements.” Id. 12:41-48. The image elements are sequentially turned off or dimmed
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`and then back on by “setting a section of elements to off or a dimming state” and
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`subsequently “applying data to elements within said section according to image data
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`information.” Id. Claim 14 further requires the “duration of the off-state” to be
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`“within 10 milliseconds.” Id.
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`Claim 18, which depends from claim 14, requires the “image elements” to be “light
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`emitting elements.” Id. 12:59-60. Claim 19, which also depends from claim 14,
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`requires the “image elements” to be “light valves.” Id. 12:61-62.
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`Claim 20, which depends from claim 14, states that the “display device” includes
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`“a first 2-dimensional array of lighting elements and a second 2-dimensional array of
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`light valves.” Id. 12:63-65. Claim 25, which depends from claim 20, further recites
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`“wherein a said lighting element comprising a plurality of light emitting devices.” Id.
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`13:15-16. Claim 26, which also depends from claim 20, further recites “wherein each
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`said lighting elements comprising a plurality of light emitting diodes connected in
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`series.” Id. 13:17-19.
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`5
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`B. Prosecution History of the ’843 Patent
`
`The ’843 Patent issued without a single adverse office action. See Public PAIR
`
`Transaction History for U.S. Pat. Appl. No. 11/754,268 (Sony-1002).
`
`C. Priority Date of the Relevant Claims of the ’843 Patent
`
`“In order to gain the benefit of the filing date of an earlier application under
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`35 U.S.C. § 120, each application in the chain leading back to the earlier application
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`must comply with the written description requirement of 35 U.S.C. § 112.” Lockwood v.
`
`Am. Airlines, Inc., 107 F.3d 1565, 1571 (Fed. Cir. 1997). To satisfy the written
`
`description requirement, the specification must convey with reasonable clarity to one
`
`of skill in the art that the applicant was in possession of the claimed invention as of
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`the filing date being sought. See, e.g., PowerOasis, Inc. v. T-Mobile USA, Inc., 522 F.3d
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`1299, 1306 (Fed. Cir. 2008); Lockwood, 107 F.3d at 1572. All of the claim limitations
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`must be disclosed in the specification, either expressly or inherently; it is insufficient
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`for a limitation to be obvious in view of what is described. See Lockwood, 107 F.3d at
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`1571-72; see also PowerOasis, 522 F.3d at 1306.
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`While a petitioner bears the initial burden of coming forward with invalidating
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`prior art, when a dispute arises concerning whether a patent is entitled to the priority
`
`date of an earlier filed application, the burden of proof rests with the party claiming
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`priority to the date of the earlier filed application. PowerOasis, 522 F.3d at 1303, 1307
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`(citations omitted); see also Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1328-29
`
`(Fed. Cir. 2008); Research Corp. Tech., Inc. v. Microsoft Corp., 627 F.3d 859, 870 (Fed. Cir.
`
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`6
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`2010). Here, the issue of the ’843 Patent’s priority date is only relevant if the Patent
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`Owner attempts to prove a conception date (and subsequent diligence) earlier than
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`the filing date of Petitioner’s section 102(e) prior art reference (U.S. Pat. App. Pub.
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`No. 2010/0020002 to Van Woudenberg et al.).
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`Claims 14, 18-20, and 25-26 are entitled to a priority date no earlier than May 25,
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`2007, which is the filing date of the application for the ’843 Patent. While the ’843
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`Patent claims priority to U.S. Provisional Appl. No. 60/767,534, filed May 25, 2006
`
`(“the ’534 Provisional Application,” Sony-1003), claims 14, 18-20, and 25-26 of the
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`’843 Patent are not entitled to the filing date of the ’534 Provisional Application
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`because the provisional application does not describe all of the limitations of claims
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`14, 18-20, and 25-26. See Lockwood, 107 F.3d at 1572; PowerOasis, 522 F.3d at 1306.
`
`In particular, the ’534 Provisional Application does not describe the limitation of
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`“the duration of the off-state in said operation 1) is within 10 milliseconds” as recited
`
`by claim 14. The specification of the ’534 Provisional Application does not expressly
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`or inherently describe setting image elements of a display (e.g., LEDs and/or LCD
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`light valves) to an off-state for 10 milliseconds or less. Expert Decl. of Richard A.
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`Flasck ¶¶ 13-16, Sony-1004 (“Flasck Decl.”). It is irrelevant whether the “within 10
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`milliseconds” limitation would have been obvious to one of ordinary skill in the art.
`
`See Lockwood, 107 F.3d at 1571-72 (“Entitlement to a filing date does not extend to
`
`subject matter which is not disclosed, but would be obvious over what is expressly
`
`disclosed. It extends only to that which is disclosed.”); see also PowerOasis, 522 F.3d at
`7
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`1306. Thus, because the ’534 Provisional Application does not disclose all of the
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`limitations of claims 14, 18-20, and 25-26, the priority date of those claims can be no
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`earlier than the May 25, 2007 filing date of the application for the ’843 Patent. In the
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`event that the Patent Owner attempts to show an earlier conception date and
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`subsequent diligence, that diligence must be shown through May 25, 2007 (or to the
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`date of an actual reduction to practice). Diligence through the May 25, 2006 filing date
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`of the ’534 Provisional Application is insufficient (in other words, the filing of the
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`provisional application in this instance is not a “constructive reduction to practice”
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`because the provisional application did not include support for the “10 milliseconds”
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`limitation; thus the filing of the non-provisional application is the “constructive
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`reduction to practice”). See Scott v. Koyama, 281 F.3d 1243, 1246 (Fed. Cir. 2002)
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`(requiring a showing of conception followed by diligence until constructive reduction
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`to practice to establish priority).
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`D. Patents and Printed Publications Relied On
`
`Petitioner relies on the following publications and patents:
`
`1. Primary References
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`i. Sony-1006: U.S. Pat. App. Pub. No. 2010/0020002 (“Van Woudenberg”)
`
`U.S. Pat. Appl. Pub. No. 2010/0020002 to Van Woudenberg, filed on December
`
`22, 2005, is a national stage entry of International Patent Appl. PCT/IB2005/054377,
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`which designated the United States and published in English as International Pub.
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`No. WO 2006/0703232 on July 6, 2006. See Sony-1009. Van Woudenberg is prior art
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`8
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`to the ’843 Patent under 35 U.S.C. § 102(e) regardless of whether the ’843 Patent is
`
`entitled to the May 25, 2006 filing date of the ’534 Provisional Application. Van
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`Woudenberg was not considered during the prosecution of the ’843 Patent.
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`Van Woudenberg discloses “an improved method for displaying images on a
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`display, and an improved display.” Sony-1006 para. 3. Van Woudenberg describes a
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`display 2100 that can include a “display panel 2102, which can be a LCD (Liquid
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`Crystal Display) panel.” Id. Fig. 21; para. 72. The display panel 2102 “is provided with
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`a plurality of backlighting units 2105.” Id. Van Woudenberg states that “[e]ach of the
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`backlighting units 2105 can for example comprise one or more lighting units, such as
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`light emitting diodes (LEDs).” Id.
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`Van Woudenberg, Sony-1006 Fig. 21 (annotated)
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`9
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`Van Woudenberg discloses “[b]acklight controllers 2104, which are connected to
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`the backlighting units 2105 of the panel 2102.” Id. Van Woudenberg describes that
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`“the backlight controllers are connected to a display controller 2106, which in turn
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`receives image data from an image data source 2108.” Id.
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`Van Woudenberg discloses that displayed images “are updated periodically with a
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`period.” Id. para. 4. To avoid perceived flickering when displaying images, Van
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`Woudenberg discloses that “[t]he backlight is flashed, either for the entire panel 2102
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`or, preferably, by scanning backlight units 2105.” Id. para. 72. Flashing the backlight
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`entails activating and deactivating each of the backlight units 2105 within each frame
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`period. See id. Fig. 7; paras. 4; 53; 72. The backlight units 2105 can be controlled
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`similarly (i.e., turned on and off at the same time) or can be scanned (i.e., turned on
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`and off sequentially from the top-down). Id. As a result of flashing the backlight, “an
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`LC cell [of the LCD panel 2102] is illuminated only for a certain fraction of the frame
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`time.” Id. para. 72.
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`Van Woudenberg discloses that “[b]acklight controllers 2104 . . . controls backlight
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`flashing.” Id. The backlight is flashed by using “a pulse pattern [generated] for each
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`period.” Id. para. 4. The pulse pattern determines when a backlight unit 2105 is
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`turned on and off. Id. paras. 4, 37, 38. The pulse pattern is generated “depending on
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`contents of an image to be displayed in that period.” Id. para. 4. Control of the
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`backlight units 2015 is segmented with the “backlight controllers 2104 provid[ing]
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`10
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`backlight control signals which are dependent on an image displayed on an associated
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`part of the panel 2102.” Id. para. 72. Van Woudenberg discloses that “[t]he pulse
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`pattern may comprise a plurality of pulses for each period when contents of the
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`displayed image comprise relatively high brightness.” Id. para. 8; see also id. paras. 18,
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`53; Fig. 7. The pulse patterns depicted in Figures 6-20 can be applied to the various
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`disclosed embodiments including the display 2100 of figure 21 having segmented
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`backlighting units 2105. See id. paras. 24, 37, 75, 76.
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`Van Woudenberg, Sony-1006 Fig. 7 (annotated)
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`Van Woudenberg discloses flashing the backlight at frequencies higher than the
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`
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`refresh rate of the LCD panel. See id. paras. 35-36. Van Woudenberg describes that
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`flicker reduction is improved when two pulses are provided in a frame period that are
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`“spaced exactly half a frame distance apart and to have the exactly the same
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`brightness.” Id. para. 53. For example, as disclosed by Van Woudenberg in relation to
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`Figure 7, for a frame period of 16.7 ms corresponding to a disclosed LCD refresh rate
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`11
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`of 60 Hertz (Hz), the LEDs of a backlight unit 2105 are turned off for less than 8.3
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`ms. See id. Fig. 7; para. 4; 18; 35; 52-53.
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`Van Woudenberg, Sony-1006 Fig. 7 (annotated)
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`ii. Sony-1007: U.S. Pat. Pub. No. 2003/0058229 (“Kawabe”)
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`
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`U.S. Pat. Appl. Pub. No. 2003/0058229 to Kawabe et al. was filed on July 23, 2002
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`and published on March 27, 2003. Kawabe is prior art to the ’843 Patent under
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`35 U.S.C. § 102(b) regardless of whether the Board finds that the ’843 Patent is
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`entitled to the May 25, 2006 filing date of the ’834 Provisional Application. Kawabe
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`was not considered during the prosecution of the ’843 Patent.
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`Kawabe discloses a liquid crystal display device that includes control circuitry for
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`“blanking processing.” See Sony-1007 Fig. 1; para. 2. As shown in Fig. 1 of Kawabe
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`below, the display device includes an image signal source 101, a data generating circuit
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`102, a timing generating circuit 103, a liquid crystal display element array 106, and
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`backlighting 107. Id. para. 101. The display element array 106 includes an m×n matrix
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`of pixels 207 (only one of which is labeled) as shown in Fig. 2 of Kawabe below. The
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`data generating circuit 102 receives video signals from the image signal source 101 and
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`12
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`generates data to be screen-scanned multiple times in a frame based on the video
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`signals. Id. The timing generating circuit 103 receives the data from the data
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`generating circuit 102 and uses a drain line driving circuit 105 and a gate line driving
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`circuit 104 to control the liquid crystal display element array 106. Id. Moreover, the
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`timing generating circuit 103 also controls a backlighting driving circuit 108 to control
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`the backlighting 107. Id.
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`Kawabe, Sony-1007 Figs. 1 and 2 (annotated)
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` Fig. 3 of Kawabe shows an example output pulse-timing chart for driving the
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`pixels 207 of the liquid crystal display element array 106. Each 16.7 millisecond (ms)
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`frame cycle 301 includes an “image scanning period 302” and a “blanking scanning
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`period 303,” both of which are one-half of the frame period (or about 8.4 ms each).
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`Id. paras. 103, 104.
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`13
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`
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`Kawabe, Sony-1007 Fig. 3 (annotated)
` Fig. 4 of Kawabe is a graph showing a source voltage waveform 407 (or a “drive
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`signal” for the liquid crystals – see id. para. 105), a common level 408, and an optical
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`response waveform 409 of a liquid crystal that is driven according to the timing
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`scheme of Fig. 3. Id. para. 106. In relation to Fig. 4, Kawabe discloses that, “during
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`the image writing period 402 of the first frame cycle 401, the drain line drive
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`circuit 105 applies a gradation voltage gradation voltage [sic] having the positive
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`polarity in accordance with the image data to display elements on a selected line.” Id.
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`para. 107. The optical response 409 of the liquid crystal pixel increases during this
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`period (i.e., it transmits light). After the image writing period 402 concludes, the drive
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`signal 409 “shifts to [a] black level” during the blanking writing period 403. Id. para.
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`14
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`106. The optical response 409 of the liquid crystal pixel goes to a black level during
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`this period (i.e., it does not transmit light or transmits a very low amount of light). See
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`id. paras. 106, 107; see also paras. 4, 103.
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`
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`Kawabe, Sony-1007 Fig. 4 (annotated)
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`Kawabe further discloses that different “portions” (or sections) of the display
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`device are sequentially driven according to the timing chart shown in Fig. 3. For
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`example, Fig. 44 of Kawabe (reproduced below) shows a sequential driving of an
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`upper and lower portion of a display device. When image data is written to the upper
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`portion of the screen, blanking data is written to the lower portion of the screen. Id.
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`para. 156. Subsequently, blanking data is written to the upper portion of the screen
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`and image data is written to the lower portion of the screen. Id. The image writing
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`15
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`and blanking data writing are performed at frequency of 120 Hz (e.g., each is
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`performed for 8.4 ms) alternatively for each portion.
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`Kawabe, Sony-1007 Fig. 44 (annotated)
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`
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`2. Secondary Reference: Sony-1008: U.S. Pat. Appl. Pub. No. 2005/0073495
`(“Harbers”)
`
`U.S. Pat. Appl. Pub. No. 2005/0073495 to Harbers was filed on October 3, 2003
`
`and was published on April 7, 2005. Harbers is prior art to the ’843 Patent under
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`35 U.S.C. § 102(b) regardless of whether the Board finds that the ’843 Patent is
`
`entitled to the May 25, 2006 filing date of the ’534 Provisional Application. Harbers
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`was not considered during the prosecution of the ’843 Patent.
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`Harbers is directed to an LED backlight for an LCD display system. Sony-1008
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`Abstract; paras. 1, 7. Harbers discloses various different spatial and electrical
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`arrangements for an LED array that provide improved color uniformity and contrast.
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`See id. Figs. 5, 6, 8-11B; Abstract; paras. 7, 24-34. As an example, in relation to Figure
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`10, Harbers describes an LED backlight formed by a two-dimensional array of LED
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`16
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`groups. Id. Fig. 10; para.32; see also paras. 25, 30. Each group of LEDs includes
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`between three and seven LEDs. Id. Fig. 10; para 32. The LEDs in each group are
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`connected in a series configuration. Id. Fig. 10; paras. 30, 32.
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`Harbers, Sony-1008 Fig. 10 (annotated)
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`
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`E. Statutory Grounds for Challenge
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`Cancellation of claims 14, 18-20, and 25-26 is requested on the following grounds:
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`A. Claims 14, 18, 20, 25 and 26 are rendered obvious under 35 U.S.C. § 103(a)
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`by Van Woudenberg in view of Harbers.
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`C. Claims 14 and 19 are anticipated under 35 U.S.C. § 102(b) by Kawabe.
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`F. Claim Construction
`
`In a district court or similar judicial proceeding, claims are to be given their
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`“ordinary and customary meaning.” Phillips v. AWH Corp., 415 F.3d 1303, 1312-13
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`(Fed. Cir. 2005) (internal citations omitted). In contrast, in an inter partes review
`
`proceeding, claim terms are given their “broadest reasonable construction in light of
`
`the specification.” 37 C.F.R. § 42.100(b). The Office construes claims “broadly . . .
`
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`17
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`because the applicant has the opportunity to amend the claims to obtain more precise
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`claim coverage” during proceedings before the Office. In re Am. Acad. Of Sci. Tech.
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`Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004) (citing In re Yamamoto, 740 F.2d 1569, 1571
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`(Fed. Cir. 1984)). In district court proceedings, however, the applicant is unable to
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`amend claims, therefore the courts rely more heavily on the intrinsic evidence to
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`construe claim terms. Because the Office’s claim construction standard differs from
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`that applied in a district court, Petitioner’s proposed constructions here are different
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`in some respects from those put forth in the district court action.
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`Petitioner submits constructions below for the terms it believes require
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`construction for purposes of this proceeding. All other terms should be given their
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`plain and ordinary meaning.
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`1. “image elements/elements”
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`The term “image elements” is not found within the written description of the ’843
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`Patent; however, claim 18, which depends from claim 14, recites “said image elements
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`being light emitting elements” and claim 19, which depends from claim 14, recites
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`“said image elements being light valves.” Thus, “image elements” and “elements,”
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`when given their broadest reasonable interpretation, should be construed to mean
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`“light emitting elements or light valves.”
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`
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`18
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`

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`2. “off state”1
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`“Off state,” when given its broadest reasonable interpretation, should be
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`construed to mean “a state where no light is emitted (when the image element is a
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`light emitting element) or a state where no light is transmitted (when the image
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`element is a light valve).” The ’843 Patent describes light emitting elements as emitting
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`light when turned on and not emitting light when turned off. See Sony-1001 Figs. 9,
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`10; 3:3-8; 3:22-34; 7:20-54. The ’843 Patent describes light valves as transmitting light
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`when turned on and not transmitting light when turned off. See Sony-1001 Fig. 10;
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`1:23-26; 1:45-48; 3:3-10; 6:50-7:7; 7:35-54.
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`IV. How the Challenged Claims Are Unpatentable (37 C.F.R. § 42.104(b)(4)-
`(5)).
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`The challenged claims are invalid for the reasons discussed below. An abridged set
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`of claim charts is provided for the Board’s convenience in Section VI, infra.
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`
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`1 Although the first recitation of “off state” in claim 14 is in the alternative to “a
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`dimming state”, a construction for “dimming state” is not provided herein as
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`Petitioner’s request for cancellation of the challenged claims is based on prior art
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`references that disclose an “off state.” (Construction of “dimming state,” and related
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`indefiniteness issues, is the subject of claim construction in the District Court action).
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`
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`19
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`

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`A. Claims 14, 18, 20, 25, and 26 are rendered obvious under 35 U.S.C. § 103(a)
`by Van Woudenberg in view of Harbers
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`As shown in the Appendix (Section VI, infra) and described below, Van
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`Woudenberg renders claims 14, 18, 20, 25 and 26 obvious in view of Harbers;
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`therefore, claims 14, 18, 20, 25 and 26 are unpatentable under 35 U.S.C. § 103(a).
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`1. Claim 14 is rendered obvious under 35 U.S.C. § 103(a) by Van
`Woudenberg in view of Harbers.
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`i. An image display device comprising,
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`Van Woudenberg discloses “an improved method for displaying images on a
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`display, and an improved display.” Sony-1006 para. 3. Van Woudenberg discloses that
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`“FIG. 21 illustrates a display 2100 comprising a display panel 2102.” Id. Fig. 21; para.
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`72. Accordingly, Van Woudenberg discloses this element.
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`ii. a first 2-dimensional array of image elements and
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`Van Woudenberg discloses that “FIG. 21 illustrates a display 2100 comprising a
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`display panel 2102. The display panel 2102, which can be a LCD (Liquid Crystal
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`Display) panel, is provided with a plurality of backlighting units 2105. Each of the
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`backlighting units 2105 can for example comprise one or more lighting units, such as
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`light emitting diodes (LEDs) or gas discharge lamps.” Id. Fig. 21; para. 72. The
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`disclosure of “one or more lighting units” means that each backlight can include, for
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`example, two lighting units or LEDs. Figure 21 of Van Woudenberg shows five
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`backlighting units 2105 each of which can include, for example, one or more LEDs.
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`Van Woudenberg states that segmenting a backlight in such a manner (i.e., with
`
`
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`20
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`

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`separate backlighting units 2105) is desirable because image content can also be
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`segmented. Id. para. 73. The backlighting units 2105 can therefore be associated with a
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`given part of an image to be displayed. Id.
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`Van Woudenberg, Fig. 21 (annotated)
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`
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` Harbers, which is in the same field of endeavor as Van Woudenberg, is directed to
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`an LED backlight for an LCD display system. Sony-1008 Abstract; paras. 1, 7.
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`Harbers discloses various two-dimensional arrangements of LEDs (or image
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`elements) in a backlight that allow for segmented control of an LED backlight, as well
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`as improved color uniformity and contrast. See id. at Figs. 5, 6, 8-11B; Abstract;
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`paras. 7, 24-34. For example, Figures 8B and 11A of Harbers illustrate examples of
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`two-dimensional arrays of LEDs for use in a backlight.
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`
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`21
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`

`

`
`
`
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`Harbers, Fig. 8B (annotated)
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`Harbers, Fig. 11A (annotated)
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`It would be obvious to one of ordinary skill in to incorporate the two-dimensional
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`arrays of image elements in Harbers in the backlight units of Van Woudenberg (e.g.,
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`either a two-dimensional array of LEDs in each backlight unit of Van Woudenberg, as
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`shown in Figure 8B of Harbers, or a string of LEDs in each backlight unit as shown
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`in Fig. 11A of Harbers, thus forming a two-dimensional array of image elements when
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`combining the backlight units to form a backlight panel).
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`Van Woudenberg and Harbers are both directed to LED backlighting systems for
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`LCD displays. Combining the teachings of Van Woudenberg with the teachings of
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`Harbers would have been obvious to one of ordinary skill in the art at least because
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`(a) backlights including a two-dimensional array of lighting elements was a known
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`technique for allowing segmented control of the backlight (see, e.g., Sony-1008 Figs. 5,
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`6, 8-11B; Abstract; paras. 7, 24-34); (b) segmenting an LED backlight into a two-
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`dimensional array of LEDs to provide the ability independently drive groups of LEDs
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`
`
`22
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`

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`was known technique in the art to improve color uniformity, contrast, and spatial and
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`temporal control in LED backlight systems (see, e.g., id.; paras. 7, 25, 32, 33); (c) the
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`combination is merely the combination of familiar prior art elements according to
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`known methods or techniques which yield no more than predictable results; (d) the
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`combination shows that the ’843 Patent simply arranges old elements without
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`changing their respective functions; and (e) the combination involves only the use of
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`known device improvement techniques to improve similar devices to yield predictable
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`results. See Flasck Decl., Sony-1004 ¶¶ 17-23. Accordingly, this element is disclosed
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`iii. a control circuit performing sequential operations comprising:
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`Van Woudenberg describes that “[b]acklight controllers 2104, which are connected
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`to the backlighting units 2105 of the panel 2102, controls backlight flashing.” Sony-
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`1006 Fig. 21; para. 72. The backlight controllers 2104 “are connected to a display
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`controller 2106, which in turn receives image data from an image data source 2108.”
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`Id. Van Woudenberg discloses that “the backlight controllers 2104 and the display
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`controller 2106 can be a common video controller, or divided between two or more
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`units, which provide the same function as the backlight and display controllers 2104,
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`2106.” Id.
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`Van Woudenberg discloses that “images are updated periodically with a period.”
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`Id. para. 4. Within each period, each of the backlight controllers 2104 generates “a
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`signal with a pulse pattern for each period depending on contents of an image to be
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`displayed in that period … and