U.S. Patent No. 7,667,692
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`IPR2015-00229
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________________
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`SONY COMPUTER ENTERTAINMENT AMERICA LLC
`Petitioner
`
`v.
`
`APLIX IP HOLDINGS CORPORATION
`Patent Owner
`
`________________________
`
`Case No. IPR2015-00229
`Patent No. 7,667,692
`
`____________________
`
`
`
`PATENT OWNER APLIX IP HOLDINGS CORPORATION’S
`MOTION FOR OBSERVATION ON DECEMBER 17, 2015
`DEPOSITION OF GREGORY F. WELCH
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`1
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`IPR2015-00229
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________________
`
`SONY COMPUTER ENTERTAINMENT AMERICA LLC
`Petitioner
`
`v.
`
`APLIX IP HOLDINGS CORPORATION
`Patent Owner
`
`________________________
`
`Case No. IPR2015-00229
`Patent No. 7,667,692
`
`____________________
`
`
`
`PATENT OWNER APLIX IP HOLDINGS CORPORATION’S
`MOTION FOR OBSERVATION ON DECEMBER 17, 2015
`DEPOSITION OF GREGORY F. WELCH
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`
`1
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`U.S. Patent No. 7,667,692
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`IPR2015-00229
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`Pursuant to 77 Fed. Reg. 48756, 48768 (Aug. 14, 2012), Patent Owner Aplix
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`IP Holdings Corporation submits the following observations on the December 17,
`
`2015 deposition of Gregory Welch (exhibit 2022).
`
`1.
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`In Exhibit 2022 (’245/’692 Welch 12-17-15 deposition), on page 6,
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`line 10 through page 10, line 25, Dr. Welch testified about his supplemental
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`declaration’s response to various points raised by Dr. Karon MacLean, an expert
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`whose testimony Aplix has submitted, including Dr. Welch’s understanding that
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`Dr. MacLean’s opinion was that application-level software “must redefine spatial
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`boundaries of the delineated active areas” (page 6, line 24, through page 7, line 4)
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`(quoting ’245 Welch supplemental declaration, ¶ 7) and that in her view there is a
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`“requirement that the spatial boundaries of the delineated active areas themselves
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`must change from application to application” (page 10, line 4-14) (quoting ’245
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`Welch supplemental declaration, ¶ 8). (The supplemental paragraph numbers 7
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`and 8 are substantively the same in the ’692 Welch supplemental declaration as in
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`the ’245 Welch supplemental declaration.) This testimony is relevant to the
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`testimony of Dr. MacLean that in her view the delineated active areas had to be
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`“changeable” (exhibit 2003, ¶¶ 66, 72), not that they necessarily had to change
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`(exhibit 1040, ’245/’692 MacLean deposition, page 67, line 23 to page 68, line 4).
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`The testimony is relevant because it shows that Dr. Welch’s critique of
`
`Dr. MacLean’s opinion is based on a misunderstanding of that opinion.
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`2
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`U.S. Patent No. 7,667,692
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`IPR2015-00229
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`2.
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`In Exhibit 2022 (’245/’692 Welch 12-17-15 deposition), on page 11,
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`line 1, through page 15, line 11, Dr. Welch testified that he could not identify
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`anything in the ’245/’692 specification explicitly saying that the active areas are
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`defined by system-level (as opposed to application-level) software. This testimony
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`is relevant to Dr. MacLean’s opinion that, for example, Liebenow does not meet
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`the ’692 patent’s claim 3 phrase “based on the selected application” because
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`Liebenow “does not disclose ‘providing’ delineations as delineations are not
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`defined by or based on the application” at ¶ 66 of exhibit 2003 (’692 MacLean
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`declaration). The testimony is relevant because it supports Dr. MacLean’s opinion.
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`3.
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`In Exhibit 2022 (’245/’692 Welch 12-17-15 deposition), on page 15,
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`line 13, through page 17, line 5, Dr. Welch testified about the ’245/’692
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`specification’s inclusion of at least one example showing application-level
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`configuration, as opposed to system-level configuration, of active areas. This
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`testimony is relevant to Dr. MacLean’s opinion mentioned above (in paragraph 2).
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`The testimony is relevant for the same reason—because it supports Dr. MacLean’s
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`opinion.
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`4.
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`In Exhibit 2022 (’245/’692 Welch 12-17-15 deposition), on page 25,
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`line 13, through page 28, line 18, Dr. Welch testified that three sections of the
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`Liebenow specification discuss embodiments of Liebenow’s invention, but the
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`“Background of the Invention” section, which includes a reference to PDAs, does
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`3
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`U.S. Patent No. 7,667,692
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`IPR2015-00229
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`not. This testimony is relevant to Dr. Welch’s testimony suggesting that
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`Liebenow’s device could be a PDA in exhibit 1041 (’692 Welch supplemental
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`declaration), ¶ 13. The testimony is relevant because it shows that the example on
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`which Dr. Welch relies is not taken from the description of Liebenow’s invention.
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`4
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`U.S. Patent No. 7,667,692
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`IPR2015-00229
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`By: ___/Sybil L. Dunlop/________________________
` Robert J. Gilbertson (pro hac vice)
`Sybil L. Dunlop (pro hac vice)
`X. Kevin Zhao (pro hac vice)
`GREENE ESPEL PLLP
`222 South Ninth Street, Suite 2200
`Minneapolis, MN 55402
`Telephone: (612) 373-0830
`Facsimile:
`(612) 373-0929
`E-mail: BGilbertson@GreeneEspel.com
` SDunlop@GreeneEspel.com
` KZhao@GreeneEspel.com
`
`Michael Mauriel, USPTO Reg. No. 44,226
`Sherman W. Kahn (pro hac vice)
` MAURIEL KAPOUYTIAN WOODS LLP
`15 West 26th Street, Floor 7
`New York, NY 10010
`Telephone: (212) 529-5131
`Facsimile:
`(212) 529-5132
`E-mail:
`mmauriel@mkwllp.com
` skahn@mkwllp.com
`
` Attorneys for Patent Owner
` Aplix IP Holdings Corporation
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`5
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`Dated: December 23, 2015.
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`U.S. Patent No. 7,667,692
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`IPR2015-00229
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`CERTIFICATE OF SERVICE
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`
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`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 23rd day of
`December 2015, the foregoing Patent Owner Aplix IP Holdings Corporation’s
`Motion for Observation is being served via email on the following counsel of
`record for petitioner.
`
`
`Lead Counsel
`Eric A. Buresh (Reg. No. 50,394)
`Eric.buresh@eriseip.com
`
`Postal and Hand-Delivery Address:
`ERISE IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, Kansas 66211
`Telephone: (913) 777-5600
`Fax: (913) 777-5601
`
`Back-Up Counsel
`Abran J. Kean (Reg. No. 58,540)
`Abran.kean@eriseip.com
`
`Postal and Hand-Delivery Address:
`ERISE IP, P.A.
`5600 Greenwood Plaza Blvd., Suite
`200
`Greenwood Village, Colorado 80111
`Telephone: (913) 777-5600
`Fax: (913) 777-5601
`
`_____/Sybil L. Dunlop/_________________________
`Robert J. Gilbertson (pro hac vice)
`Sybil L. Dunlop (pro hac vice)
`X. Kevin Zhao (pro hac vice)
`GREENE ESPEL PLLP
`222 South Ninth Street, Suite 2200
`Minneapolis, MN 55402
`Telephone: (612) 373-0830
`Facsimile: (612) 373-0929
`
`
`Counsel for Patent Owner Aplix IP Holdings
`Corporation
`
`
`
`
`Dated: December 23, 2015.
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`6
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