throbber
Trials@uspto.gov
`571.272.7822
`
`
`Paper No. 18
`
` Entered: May 8, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., HTC CORPORATION, HTC AMERICA, INC.,
`SAMSUNG ELECTRONICS CO. LTD,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`MEMORY INTEGRITY, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00161
`Patent 7,296,121 B2
`____________
`
`
`
`
`Before JENNIFER S. BISK, NEIL T. POWELL, and KERRY BEGLEY,
`Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`

`
`IPR2015-00161
`Patent 7,296,121 B2
`
`
`
`Apple Inc., HTC Corporation, HTC America, Inc., Samsung
`
`Electronics Co. Ltd., Samsung Electronics America, Inc.,1 and Amazon.com,
`
`Inc. (collectively, “Petitioner”) filed a Petition requesting inter partes review
`
`of claims 1–3, 8, 9, 11, and 14–25 of U.S. Patent No. 7,296,121 B2 (Ex.
`
`1001, “the ’121 patent”). Memory Integrity, LLC (“Patent Owner”) filed a
`
`Preliminary Response to the Petition. Paper 13 (“Prelim. Resp.”).
`
`Pursuant to 35 U.S.C. § 314(a), an inter partes review may not be
`
`instituted unless “the information presented in the petition . . . and any
`
`response . . . shows that there is a reasonable likelihood that the petitioner
`
`would prevail with respect to at least 1 of the claims challenged in the
`
`petition.” Having considered the Petition and the Preliminary Response, we
`
`determine that there is not a reasonable likelihood that Petitioner would
`
`prevail in establishing that the challenged claims of the ’121 patent are
`
`unpatentable. Therefore, we deny institution of inter partes review.
`
`I. BACKGROUND
`
`A. THE ’121 PATENT
`
`
`
`The ’121 patent relates to techniques to reduce memory transaction
`
`traffic and to improve data access and cache coherency in systems with
`
`multiple processors connected using point-to-point links. Ex. 1001, 1:22–
`
`25, 2:39–47. The ’121 patent explains that cache coherency problems can
`
`arise in a system with multiple processors, each with an individual cache
`
`memory, because the system may contain multiple copies of the same data.
`
`Id. at 1:26–38. For example, if the caches of two different processors have a
`
`
`1 The Petition also lists Samsung Telecommunications America, LLC
`(“STA”) as a petitioner. Paper 6 (“Pet.”), 1. After the filing of the Petition,
`however, STA merged with and into Samsung Electronics America, Inc.
`Paper 12. Thus, STA no longer exists as a separate corporate entity. Id.
`
`
`
`2
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`IPR2015-00161
`Patent 7,296,121 B2
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`copy of the same data block and both processors “attempt to write new
`
`values into the data block at the same time,” then the two caches may have
`
`different data values and the system may be “unable to determine what value
`
`to write through to system memory.” Id. at 1:37–45.
`
`
`
`The ’121 patent discloses a computer system with processing nodes,
`
`each with a cache memory, connected by a point-to-point architecture. Id. at
`
`[57], 2:48–62. The system also includes a “probe filtering unit” that can
`
`receive a probe, “[a] mechanism for eliciting a response from a node to
`
`maintain cache coherency in a system,” from a processing node. Id. at [57],
`
`2:52–65, 5:45–47. The probe filtering unit then can evaluate the probe
`
`based on probe filtering information, specifically “[a]ny criterion that can be
`
`used to reduce the number of clusters or nodes probed,” and can transmit the
`
`probe to selected processing nodes. Id. at [57], 2:52–3:5, 14:50–52; see id.
`
`at 28:29–58, 29:43–46. The probe filtering unit also may be operable to
`
`accumulate responses from the selected processing nodes and to respond to
`
`the node from which the probe originated. Id. at 3:5–8, 28:59–67, 29:46–51.
`
`Figure 18 of the patent is reproduced below.
`
`
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`IPR2015-00161
`Patent 7,296,121 B2
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`
`Figure 18 is a diagrammatic representation of a multiple processor
`
`system with a probe filtering unit. Id. at 3:61–63, 26:58–27:20, Fig. 18.
`
`Specifically, Figure 18 depicts multiple processor system 1800 with
`
`processing nodes 1802a–d interconnected by point-to-point communication
`
`links 1808a–e. Id. at 26:58–27:1. System 1800 also includes probe filtering
`
`unit 1830 as well as I/O switch 1810, one or more Basic I/O systems
`
`(“BIOS”) 1804, I/O adapters 1816, 1820, and a memory subsystem with
`
`memory banks 1806a–d. Id. at 3:61–63, 26:58–27:20, Fig. 18.
`
`Claims 1, 16, and 25 of the ’121 patent are independent claims.
`
`Claim 1 is illustrative of the claimed subject matter:
`
`1. A computer system comprising a plurality of processing
`nodes interconnected by a first point-to-point architecture,
`
`each processing node having a cache memory associated
`therewith,
`
`the computer system further comprising a probe filtering unit
`which is operable to receive probes corresponding to memory
`lines from the processing nodes and to transmit the probes only
`to selected ones of the processing nodes with reference to probe
`filtering information representative of states associated with
`selected ones of the cache memories.
`
`Id. at 30:65–31:7 (line breaks added).
`
`B. ASSERTED PRIOR ART
`
`The Petition relies upon the following prior art references, as well as
`
`the supporting Declaration of Robert Horst, Ph.D. (Ex. 1014):
`
`David Chaiken et al., Directory-Based Cache Coherence in Large-
`
`Scale Multiprocessors, COMPUTER, June 1990, at 49 (Ex. 1004, “Chaiken”);
`
`JOSÉ DUATO ET AL., INTERCONNECTION NETWORKS (1997) (Corrected
`
`Ex. 1007, “Duato”); and
`
`
`
`4
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`IPR2015-00161
`Patent 7,296,121 B2
`
`MICHAEL JOHN SEBASTIAN SMITH, APPLICATION-SPECIFIC INTEGRATED
`
`CIRCUITS (1997) (Ex. 1008, “Smith”).
`
`C. ASSERTED GROUNDS OF UNPATENTABILITY
`
`Petitioner challenges claims 1–3, 8, 9, 11, and 14–25 of the
`
`’121 patent on the following grounds. Pet. 3.
`
`Reference[s]
`Challenged Claim[s] Basis
`1–3, 8, 11, 14–16, 19,
`§ 102 Chaiken
`20, 22, and 25
`9
`17–24
`
`§ 103 Chaiken and Duato
`§ 103 Chaiken and Smith
`
`
`
`II. ANALYSIS
`
`A. CLAIM INTERPRETATION
`
`We begin our analysis by addressing the meaning of the claims. The
`
`Board interprets claims using the “broadest reasonable construction in light
`
`of the specification of the patent in which [they] appear[].” 37 C.F.R.
`
`§ 42.100(b); see In re Cuozzo Speed Techs., LLC, 778 F.3d 1271, 1279–82
`
`(Fed. Cir. 2015). We presume a claim term carries its “ordinary and
`
`customary meaning,” which is “the meaning that the term would have to a
`
`person of ordinary skill in the art in question” at the time of the invention.
`
`In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007) (citation
`
`and quotations omitted). This presumption, however, is rebutted when the
`
`patentee acts as his own lexicographer by giving the term a particular
`
`meaning in the specification with “reasonable clarity, deliberateness, and
`
`precision.” In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994).
`
`Petitioner and Patent Owner each proffer proposed constructions of
`
`several claim terms. On this record and for purposes of this decision, we
`
`determine that only the claim terms addressed below require construction.
`
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`IPR2015-00161
`Patent 7,296,121 B2
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`
`1. “probe” (claims 1–3, 8, 11, 14–16, 19, 20, 22, and 25)
`
`
`
`Petitioner points out that the ’121 patent defines the term “probe,”
`
`which is recited in challenged claims 1–3, 8, 11, 14–16, 19, 20, 22, and 25,
`
`and argues that the term should be construed as “a mechanism that elicits a
`
`response from a node to maintain cache coherency in a system.” Pet. 7–8.
`
`Patent Owner does not address Petitioner’s assertions.
`
`We note that Petitioner’s proposed construction slightly differs from
`
`the definition of “probe” in the ’121 patent, which uses the language “a
`
`mechanism for eliciting a response,” as opposed to “a mechanism that elicits
`
`a response” in Petitioner’s proposed construction. Id. (emphases added); see
`
`Ex. 1001, 5:45–47. Petitioner has provided no reason for the difference in
`
`wording. Therefore, for purposes of this decision, we adopt as the broadest
`
`reasonable construction of “probe” the express definition of the term in the
`
`’121 patent: “[a] mechanism for eliciting a response from a node to
`
`maintain cache coherency in a system.” Ex. 1001, 5:45–47.
`
`2. “transmit the probes” (claims 1 and 16) and “transmitting the probe”
`(claim 25)
`
`
`
`Neither party proposes a construction of the terms “transmit the
`
`probes” in independent claim 1 and 16 and “transmitting the probe” in
`
`independent claim 25, beyond the definition of “probe” provided in the
`
`specification of the ’121 patent. See Pet. 7–8; Prelim. Resp. 10–24. Yet
`
`each party relies on an interpretation of these terms in addressing the
`
`asserted grounds in this case. See id. at 27–29; Prelim. Resp. 26. To
`
`determine whether institution is warranted in this case, we address two
`
`aspects of the scope of the terms.
`
`First, we determine that, as a result of an antecedent relationship, the
`
`probe or probes in “transmit the probes” (claims 1 and 16) and “transmitting
`
`
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`IPR2015-00161
`Patent 7,296,121 B2
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`the probe” (claim 25) refers to the probe or probes that the probe filtering
`
`unit receives from processing nodes. Specifically, claims 1 and 16 of the
`
`’121 patent recite a “probe filtering unit” that is “operable to receive probes
`
`corresponding to memory lines from the processing nodes and to transmit
`
`the probes only to selected ones of the processing nodes.” Ex. 1001, 31:1–5,
`
`32:11–14 (emphases added). Because “the probes” uses the definite article
`
`“the,” the term requires antecedent basis. See NTP, Inc. v. Research in
`
`Motion, Ltd., 418 F.3d 1282, 1306 (Fed. Circ. 2005), abrogated on other
`
`grounds by, Zontek Corp. v. United States, 672 F.3d 1309, 1323 (Fed. Cir.
`
`2012). We agree with both parties that in each claim, the antecedent for “the
`
`probes” transmitted by the probe filtering unit is the “probes” received by
`
`the probe filtering unit from the processing nodes. See Prelim. Resp. 26 (“In
`
`all independent claims, probes received by the probe filtering unit provide
`
`the antecedent basis for ‘the probes’ transmitted by the probe filtering
`
`unit.”); cf. Pet. 13–14 (explaining that “[t]he only antecedent” for “the
`
`probes” in claim 8, which depends from claim 1, is “recited in independent
`
`claim 1 . . . . Thus, the term ‘the probes’ refers to probes received by the
`
`probe filtering unit from the processing nodes.”).
`
`Similarly, independent claim 25 recites a method comprising
`
`“transmitting a probe from a first one of the processing nodes only to a
`
`probe filtering unit” and “transmitting the probe from the probe filtering unit
`
`only to the selected ones of the processing nodes.” Ex. 1001, 32:45–57
`
`(emphases added). Like claims 1 and 16, the probe transmitted to the probe
`
`filtering unit from a processing node provides the antecedent for “the probe”
`
`that the probe filtering unit transmits to selected processing nodes.
`
`
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`
`Second, we agree with Petitioner that, to fall within the scope of
`
`independent claims 1, 16, and 25, the probes that the probe filtering unit
`
`transmits need not be identical to those it receives. Pet. 14 n.3, 29. Rather,
`
`the transmitted probes can be modified versions of the received probes. This
`
`conclusion is supported by claim 14, which depends from claim 1 and
`
`recites: “The computer system of claim 1 wherein the probe filtering unit is
`
`further operable to modify the probes such that the selected processing nodes
`
`transmit responses to the probe filtering unit.” Ex. 1001, 31:63–32:2
`
`(emphasis added). The written description confirms that the probes
`
`transmitted by the probe filtering unit may contain “modifi[cations]” from
`
`those received by the unit. Id. at 28:50–58; see id. at 10:62–11:3. For
`
`example, the specification explains that the probe filtering unit, after
`
`accepting a probe from a memory controller, sends the probe to selected
`
`nodes. Id. at 28:25–58. “The outgoing probe is the same as the incoming
`
`probe, except that it is modified to identify the [probe filtering unit] as the
`
`target, i.e., the source of the probe, and the command is changed . . . .” Id. at
`
`28:53–56 (emphasis added).
`
`
`
`In sum, for purposes of this decision, we conclude that, to fall within
`
`the scope of “transmit the probes” (claims 1 and 16) and “transmitting the
`
`probe” (claim 25), the transmitted probe or probes must be the probe or
`
`probes—or modified versions thereof—received from processing nodes.
`
`3. “probe filtering information” (claims 1, 3, 16, and 25)
`
`
`
`Petitioner argues that the ’121 patent expressly defines “probe
`
`filtering information,” as recited in challenged claims 1, 3, 16, and 25.
`
`Pet. 8–9. Patent Owner does not respond to this argument. We agree that
`
`the ’121 patent defines the term “probe filter information.” Ex. 1001,
`
`
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`IPR2015-00161
`Patent 7,296,121 B2
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`14:50–52. On the record before us, we adopt this definition as the broadest
`
`reasonable construction of the claim term “probe filtering information”:
`
`“[a]ny criterion that can be used to reduce the number of clusters or nodes
`
`probed.” Id.
`
`4. “cache coherence controller” (claim 3)
`
`
`
`Petitioner also correctly contends that the ’121 patent defines “cache
`
`coherence controller,” as recited in claim 3. Pet. 11–12. Patent Owner does
`
`not address this assertion. For purposes of this decision, we adopt this
`
`express definition as the broadest reasonable construction of “cache
`
`coherence controller”: “[a]ny mechanism or apparatus that can be used to
`
`provide communication between multiple processor clusters while
`
`maintaining cache coherence.” Ex. 1001, 7:2–5.
`
`B. ASSERTED ANTICIPATION GROUND
`
`
`
`We turn to the asserted grounds. Petitioner argues that Chaiken
`
`anticipates claims 1–3, 8, 11, 14–16, 19, 20, 22, and 25 of the ’121 patent.
`
`Pet. 20–48.
`
`1. Chaiken
`
`
`
`Chaiken discloses directory-based cache coherence protocols for
`
`multiprocessor systems. Ex. 1004, 49–50. In particular, Chaiken discloses a
`
`cache coherence protocol that uses a full-map directory. Id. at 50. The full-
`
`map directory has a directory entry for each block of data. Id. Each
`
`directory entry features: (1) a dirty bit and (2) one bit for each processor in
`
`the multiprocessor system. Id. The bit for each processor “represents the
`
`status of the block in the corresponding processor’s cache (present or
`
`absent).” Id. The dirty bit indicates if a “unique cache has permission to
`
`write the associated block of data.” Id. Therefore, the dirty bit is set only
`
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`IPR2015-00161
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`when one processor has permission to write into the block of data and only
`
`that processor has its bit set in the directory entry. Id. Figure 1a of Chaiken
`
`is reproduced below.
`
`
`
`Figure 1a includes three images illustrating three different states of a full-
`
`map directory entry for a block of data at location X in a multiprocessor
`
`system, which includes processors P1, P2, and P3 with individual caches
`
`(referred to in text as C1, C2, and C3, respectively). See id., Fig. 1a. In the
`
`first state, depicted in the upper left corner of Figure 1a, the block of data at
`
`“location X is missing in all of the caches in the system.” Id. The second
`
`state, shown in the upper right corner of Figure 1a, illustrates the full-map
`
`directory after three caches (C1, C2, and C3) request copies of the block of
`
`data at location X. Id. Three pointers, or “processor bits,” are set in the
`
`directory entry for location X to indicate that these three caches have copies
`
`of the block of data at location X. Id. In both the first and second state, the
`
`dirty bit, shown at the left side of the directory entry, is set to clean (C),
`
`indicating that no processor has permission to write to the block of data at
`
`location X. Id.
`
`The third state, shown at the bottom center of Figure 1a, illustrates the
`
`full-map directory entry after cache C3 requests write permission for the
`
`block of data at location X. Id. In the third state, the dirty bit is set to dirty
`
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`IPR2015-00161
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`(shaded in Figure 1a) and the directory entry for location X contains only
`
`one pointer to the block of data in cache C3. Id.
`
`The transition from the second state to the third state of Figure 1a,
`
`after “processor P3 issues the write to cache C3,” occurs as follows:
`
`(1) Cache C3 detects that the block containing location X is
`valid but that the processor does not have permission to write to
`the block, indicated by the block’s write permission bit in the
`cache.
`(2) Cache C3 issues a write request to the memory module
`containing location X and stalls processor P3.
`(3) The memory module issues invalidate requests to
`caches C1 and C2.
`(4) Cache C1 and cache C2 receive the invalidate requests,
`set the appropriate bit to indicate that the block containing
`location X is invalid, and send acknowledgements back to the
`memory module.
`(5) The memory module receives the acknowledgements, sets
`the dirty bit, clears the pointers to caches C1 and C2, and sends
`write permission to cache C3.
`(6) Cache C3 receives the write permission message, updates
`the state in the cache, and reactivates processor P3.
`
`Id. (emphases added).
`
`2. Discussion
`
`a. Independent Claims 1, 16, and 25
`
`We are not persuaded that Petitioner has proffered sufficient evidence
`
`that Chaiken discloses the probe or probes recited in independent claims 1,
`
`16, and 25. Specifically, we determine that Petitioner has not shown
`
`adequately that Chaiken discloses a “probe filtering unit . . . operable to
`
`receive probes . . . and to transmit the probes”—as recited in independent
`
`claims 1 and 16—or a method comprising “transmitting a probe . . . to a
`
`probe filtering unit” and “transmitting the probe from the probe filtering
`
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`unit”—as recited in independent claim 25. Ex. 1001, 31:1–5, 32:11–14,
`
`32:45–57 (emphases added).
`
`Petitioner asserts that the “write request” and “invalidate requests”
`
`disclosed in Chaiken, or some combination thereof, corresponds to the probe
`
`or probes recited in independent claims 1, 16, and 25. See Pet. 27–30, 38–
`
`39, 42–47. We agree with Patent Owner that the Petition is not clear
`
`regarding what Petitioner asserts corresponds to the recited probe or probes.
`
`Prelim. Resp. 27–29. Yet each of the possibilities suggested in the Petition
`
`is deficient, for the reasons explained below.
`
`First, Petitioner’s argument that Chaiken’s “write request” discloses
`
`the recited probe or probes, which the probe filtering unit receives and
`
`transmits, lacks merit. See Pet. 28–29 (“Processor P3’s write request elicits
`
`responses . . . to maintain cache coherency in the multiprocessor system,
`
`and, thus, is a probe.”); id. at 44 (“Chaiken describes that a processor P3
`
`with associated cache C3 requests permission to write . . . . This request is a
`
`probe . . . .”); Ex. 1014 ¶ B-11 (“This write request issued by cache C3 to the
`
`memory module is a ‘probe’ . . . .”). Chaiken’s memory module—which
`
`Petitioner argues corresponds to the recited “probe filtering unit”—receives
`
`“a write request” from cache C3 but then “issues invalidate requests” to
`
`caches C1 and C2. Ex. 1004, 50. In other words, in Chaiken, the memory
`
`module transmits invalidate requests, not write requests. Therefore, Chaiken
`
`does not disclose that its memory module is “operable . . . to transmit”
`
`(claims 1 and 16) or “transmit[s]” a write request (claim 25). Accordingly,
`
`Chaiken’s write request does not correspond to the probe or probes recited in
`
`claims 1, 16, and 25.
`
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`
`Second, Petitioner’s argument that Chaiken’s “invalidate requests”
`
`disclose the recited probe or probes fails for similar reasons. Pet. 46 (“These
`
`invalidate requests are also probes . . . .”); Ex. 1014 ¶ B-12 (same).
`
`Specifically, because Chaiken’s memory module receives “a write
`
`request”—rather than “invalidate requests”—from cache C3, Ex. 1004, 50,
`
`Chaiken does not disclose that its memory module is “operable to receive”
`
`invalidate requests (claims 1 and 16). Nor does it disclose that an invalidate
`
`request is “transmitt[ed]” to its memory module (claim 25). Therefore,
`
`Chaiken’s invalidate requests do not correspond to the probe or probes
`
`recited in claims 1, 16, and 25.
`
`Third, Petitioner’s arguments that a combination of the “write
`
`request” and “invalidate requests” disclosed in Chaiken corresponds to the
`
`recited probe or probes are deficient. The Petition proffers three different
`
`arguments that fall under this category: (1) Chaiken’s invalidate requests are
`
`a “form of” the write request (Pet. 27); (2) Chaiken’s invalidate requests are
`
`“simply modifications” of the write request (Id. at 28–30; see id. at 46–47);
`
`and (3) Chaiken’s invalidate requests and its write request are the same,
`
`specifically, “in the context of a multiprocessor system that maintains cache
`
`coherency using a write invalidation cache coherency protocol, like that
`
`described in Chaiken, a write request is more accurately understood to be a
`
`‘write and invalidate’ request” (Id. at 28 n.4, 46 n.7). For each of these
`
`positions, the Petition cites only the declaration testimony of Dr. Horst. See
`
`id. at 27–30, 38–39, 45–47.
`
`In the cited declaration testimony, Dr. Horst merely restates these
`
`statements and conclusions from the Petition, without any supporting
`
`citations or discussion of the knowledge and understanding of a person of
`
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`ordinary skill in the art. Ex. 1014 ¶¶ B-12, B-15. We do not credit this
`
`conclusory and unsupported testimony regarding a key factual issue:
`
`whether the “write request” and “invalidate requests” disclosed in Chaiken
`
`are the same, or modified versions of one another, such that Chaiken
`
`discloses the probes received by and transmitted from the probe filtering unit
`
`as recited in the independent claims of the ’121 patent. 37 C.F.R. § 42.65(a)
`
`(“Expert testimony that does not disclose the underlying facts or data on
`
`which the opinion is based is entitled to little or no weight.”); see Rohm &
`
`Haas Co. v. Brotech Corp., 127 F.3d 1089, 1092 (Fed. Cir. 1997) (“Nothing
`
`in the [federal] rules [of evidence] or in our jurisprudence requires the fact
`
`finder to credit the unsupported assertions of an expert witness.”); Ashland
`
`Oil, Inc. v. Delta Resins & Refractories, Inc., 776 F.2d 281, 294 (Fed. Cir.
`
`1985) (“Lack of factual support for expert opinion going to factual
`
`determinations . . . may render the testimony of little probative value in a
`
`validity determination.”); see also In re Am. Acad. of Sci. Tech Ctr., 367
`
`F.3d 1359, 1368 (Fed. Cir. 2004) (explaining that “the Board has broad
`
`discretion” to weigh declarations offered in the course of prosecution and “to
`
`conclude that the lack of factual corroboration warrants discounting the
`
`opinions expressed in the declarations”).
`
`We are not persuaded that Chaiken itself supports Petitioner’s position
`
`that the disclosed write request and invalidate requests are the same or
`
`modified versions of one another. Rather, Chaiken uses different terms for
`
`the requests and explains that they are “issue[d]” by distinct parts of the
`
`multiprocessor system: “Cache C3 issues a write request to the memory
`
`module,” whereas “[t]he memory module issues invalidate requests to
`
`caches C1 and C2.” Ex. 1004, 50. Further, as Patent Owner points out,
`
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`
`IPR2015-00161
`Patent 7,296,121 B2
`
`“there is no teaching in Chaiken that requests are modified. Nor is there any
`
`disclosure in Chaiken of the structure of write request[s] . . . as compared to
`
`the structure of . . . invalidat[e requests] . . . from which one could conclude
`
`that one is a modified version of the other.” Prelim. Resp. 28. Nor does
`
`Chaiken use the terminology “write and invalidate.” Id.
`
`The Petition does not cite any other evidence, such as the specification
`
`of the ’121 patent or another prior art reference, to show that one of ordinary
`
`skill in the art would understand Chaiken’s write request and invalidate
`
`requests to be the same or modified versions of one another.
`
`Accordingly, we determine that Petitioner has not proffered sufficient
`
`evidence that Chaiken discloses a “probe filtering unit . . . operable to
`
`receive probes . . . and to transmit the probes”—as recited in independent
`
`claims 1 and 16—and a method comprising “transmitting a probe . . . to a
`
`probe filtering unit” and “transmitting the probe from the probe filtering
`
`unit”—as recited in independent claim 25. Ex. 1001, 31:1–5, 32:11–14,
`
`32:45–57.
`
`b. Dependent Claims 2, 3, 8, 11, 14, 15, 19, 20, and 22
`
`For the same reasons, we also are not persuaded that Chaiken
`
`anticipates claims 2, 3, 8, 11, 14, 15, 19, 20, and 22, given their dependency
`
`from either independent claim 1 or 16. In addition, for the reasons explained
`
`above regarding the deficiencies in Petitioner’s argument that Chaiken’s
`
`invalidate requests are modified versions of its write request, there is
`
`insufficient evidence on the record before us that Chaiken discloses the
`
`additional limitation of dependent claim 14: “the probe filtering unit is
`
`further operable to modify the probes such that the selected processing nodes
`
`
`
`15
`
`

`
`IPR2015-00161
`Patent 7,296,121 B2
`
`transmit responses to the probes to the probe filtering unit.” Id. at 31:63–
`
`32:2; see Pet. 35–36.
`
`c. Conclusion
`
`For the reasons stated above, we determine the Petition does not show
`
`a reasonable likelihood that Petitioner would prevail in showing that
`
`Chaiken anticipates claims 1–3, 8, 11, 14–16, 19, 20, 22, and 25.
`
`C. ASSERTED OBVIOUSNESS GROUNDS
`
`
`
`In addition to the asserted ground of anticipation by Chaiken, the
`
`Petition asserts two obviousness grounds that rely on Chaiken. Specifically,
`
`the Petition challenges claim 9—which depends from independent claim 1—
`
`as obvious over Chaiken and Duato, and claims 17–24—which depend from
`
`independent claim 16—as obvious over Chaiken and Smith. Pet. 48–54.
`
`Each of these asserted obviousness grounds relies on the asserted
`
`anticipation ground for the independent claims, and discusses the additional
`
`reference (Duato or Smith) only to address the additional limitations of the
`
`relevant dependent claims. See id. Therefore, the asserted grounds rely
`
`exclusively on Chaiken—not Duato or Smith—as teaching or suggesting the
`
`limitations of independent claims 1 and 16. See id. For the reasons
`
`explained above in our analysis of the asserted ground of anticipation by
`
`Chaiken, Petitioner has not proffered sufficient evidence that Chaiken
`
`teaches or suggests “a probe filtering unit . . . operable to receive probes . . .
`
`and to transmit the probes,” as recited in claims 1 and 16.
`
`
`
`Accordingly, we determine that the Petition does not establish a
`
`reasonable likelihood that Petitioner would prevail in showing that claim 9
`
`would have been obvious over Chaiken and Duato and that claims 17–24
`
`would have been obvious over Chaiken and Smith.
`
`
`
`16
`
`

`
`IPR2015-00161
`Patent 7,296,121 B2
`
`
`III. ORDER
`
`For the reasons given, it is:
`
`ORDERED that pursuant to 35 U.S.C. § 314(a), the Petition is denied.
`
`
`
`
`
`17
`
`
`
`
`
`
`
`

`
`IPR2015-00161
`Patent 7,296,121 B2
`
`PETITIONER:
`
`W. Karl Renner
`Roberto Devoto
`FISH & RICHARDSON P.C.
`axf@fr.com
`IPR39521-0007IP2@fr.com
`
`
`
`PATENT OWNER:
`
`Jonathan D. Baker
`Bryan Atkinson
`FARNEY DANIELS PC
`jbaker@farneydaniels.com
`batkinson@farneydaniels.com
`MemoryIntegrityIPR@farneydaniels.com
`
`18

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