Trials@uspto.gov
`571.272.7822
`
`Paper 7
`Entered: May 13, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VALEO NORTH AMERICA, INC., VALEO S.A., VALEO GMBH,
`VALEO SCHALTER UND SENSOREN GMBH, AND CONNAUGHT
`ELECTRONICS LTD.,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS, INC.,
`Patent Owner.
`
`Case IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`
`
`Before RICHARD E. RICE, JAMES A. TARTAL, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`INTRODUCTION
`
`I.
`Background
`A.
`Valeo North America, Inc., Valeo S.A., Valeo GmbH, Valeo Schalter
`Und Sensoren GmbH, and Connaught Electronics Ltd. (“Petitioner”) filed a
`
`
`571.272.7822
`
`Paper 7
`Entered: May 13, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VALEO NORTH AMERICA, INC., VALEO S.A., VALEO GMBH,
`VALEO SCHALTER UND SENSOREN GMBH, AND CONNAUGHT
`ELECTRONICS LTD.,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS, INC.,
`Patent Owner.
`
`Case IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`
`
`Before RICHARD E. RICE, JAMES A. TARTAL, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`INTRODUCTION
`
`I.
`Background
`A.
`Valeo North America, Inc., Valeo S.A., Valeo GmbH, Valeo Schalter
`Und Sensoren GmbH, and Connaught Electronics Ltd. (“Petitioner”) filed a
`
`
`
`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`Petition (Paper 1, “Pet.”) requesting an inter partes review of claims 1–48
`(“challenged claims”) of U.S. Patent No. 8,643,724 B2 (Exhibit 1001, “the
`’724 Patent”). Magna Electronics, Inc. (“Patent Owner”) filed a Preliminary
`Response. Paper 6 (“Prelim. Resp.”). We have jurisdiction under
`35 U.S.C. § 314, which provides that an inter partes review may not be
`instituted unless “the information presented in the petition . . . and any
`[preliminary] 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.” 35 U.S.C. § 314(a).
`Based on our review of the record, we determine that Petitioner has
`not established a reasonable likelihood that it would prevail with respect to
`any of the challenged claims.
`
`Related Proceedings
`B.
`Petitioner and Patent Owner identify, as related proceedings, a district
`court case involving alleged infringement of the ’724 Patent, which is
`Magna Electronics Inc. v. Valeo, Inc., No. 2:14-cv-10540 (E.D. Mich.). Pet.
`4; see Magna Electronics, Inc.’s Mandatory Notices Pursuant to 37
`C.F.R. § 42.8 (“Patent Owner Notice,” Paper 4).
`
`The ’724 Patent
`C.
`The ’724 Patent relates to multi-camera vision systems for vehicles.
`See generally Ex. 1001, Abstract. According to the ’724 Patent, a long-felt
`need in the art of vehicle rearview vision systems has been to eliminate
`exterior rearview mirrors by using image capture devices, such as cameras,
`in combination with dashboard displays. Id. at 1:43–46. Prior art camera-
`based systems, however, had not obtained commercial acceptance because
`they presented too much information in a confusing manner. Id. at 1:60–64.
`
`2
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`To address these issues, the ’724 Patent describes a rearview vision
`system having two side image capture devices positioned, respectively, on
`opposite sides of the vehicle and a center image capture device disposed at a
`rear portion of the vehicle. Id. at 5:53–58. The ’724 Patent describes
`techniques for synthesizing images captured by these image capture devices
`to form a view as would be seen from a camera at a single location, and that
`is displayed to the driver. See e.g., id. at 3:12–25.
`Figure 3, reproduced below, depicts a display according to the
`invention.
`
`Figure 3 illustrates image display device 20
`displaying composite image 42.
`
`
`
`
`
`As shown in Figure 3, composite image 42 is made up of left image
`portion 44, right image portion 46, and center image portion 48. Id. at 7:44–
`46. The image portions at boundaries 50 and 52 are continuous such that
`composite image 42 is a seamless panoramic view rearwardly of the vehicle.
`Id. at 7:55–58. Composite image 42 provides a clear image that avoids
`
`3
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`confusion and simplifies the task of extracting information from the multiple
`image portions. Id. at 7:64–67.
`
`D.
`Illustrative Claim
`Claim 1 is the only independent claim challenged by Petitioner. We
`do not address the additional prior art or grounds of unpatentability
`Petitioner asserts against dependent claims 2–48 because Petitioner has not
`established a reasonable likelihood that it would prevail with respect to
`claim 1, from which each of claims 2–48 depends, directly or indirectly.
`Claim 1 is illustrative and is reproduced below:
`1. A multi-camera vision system for a vehicle, said
`vehicular multi-camera vision system comprising:
`at least three image capture devices disposed at a vehicle
`equipped with said vehicular multi-camera vision system;
`said at least three image capture devices comprising a
`first image capture device disposed at a driver-side portion of
`the equipped vehicle at a first location;
`said at least three image capture devices comprising a
`second image capture device disposed at a passenger-side
`portion of the equipped vehicle at a second location;
`said at least three image capture devices comprising a
`third image capture device disposed at a rear portion of the
`equipped vehicle at a third location;
`wherein said first image capture device has a first field of
`view exterior of the equipped vehicle;
`wherein said second image capture device has a second
`field of view exterior of the equipped vehicle;
`wherein said third image capture device has a third field
`of view exterior of the equipped vehicle;
`wherein said first field of view of said first image capture
`device overlaps with said third field of view of said third image
`capture device defining a first overlap zone;
`wherein said second field of view of said second image
`capture device overlaps with said third field of view of said
`third image capture device defining a second overlap zone;
`
`4
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`wherein said first image capture device captures first
`image data;
`wherein said second image capture device captures
`second image data;
`wherein said third image capture device captures third
`image data;
`an image processor;
`wherein first image data captured by said first image
`capture device is received at said image processor via at least
`one of an analog data stream and a digital data stream;
`wherein second image data captured by said second
`image capture device is received at said image processor via at
`least one of an analog data stream and a digital data stream;
`wherein third image data captured by said third image
`capture device is received at said image processor via at least
`one of an analog data stream and a digital data stream;
`image
`wherein, responsive
`to processing by said
`processor of received image data, a synthesized image is
`generated without duplication of objects present in said first
`overlap zone and in said second overlap zone and wherein said
`synthesized image approximates a view as would be seen by a
`virtual camera at a single location exterior of the equipped
`vehicle; and
`wherein said synthesized image is displayed by a single
`display screen of a reconfigurable display device that is
`viewable by a driver of the equipped vehicle when normally
`operating the equipped vehicle.
`
`E.
`The Asserted Prior Art
`Petitioner relies upon the prior art references below in its challenge of
`independent claim 1. Pet. 10.
`Reference
`Patent No. or
`Publication No.
`U.S. Patent No.
`6,553,130 B1
`
`Lemelson
`
`Issued, Filed, or Published
`Date
`Filed: June 28, 1996
`Issued: Apr. 22, 2003
`
`Exhibit
`No.
`1002
`
`5
`
`
`
`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`Nissan
`
`Hino
`
`
`
`Japanese
`Publication No.
`JP H3-99952
`Japanese
`Publication No.
`62-16073
`
`Published: Apr. 25, 1991
`
`Published: Apr. 10, 1987
`
`1003
`(1004)1
`
`1007
`(1008)
`
`F.
`The Asserted Grounds of Unpatentability
`Petitioner challenges independent claim 1 of the ’724 Patent, under 35
`U.S.C. § 103(a), as obvious over the combination of Nissan, Hino, and
`Lemelson. Pet. 10. In support of this ground, Petitioner presents a
`Declaration by Dr. George Wolberg (Ex. 1019) and a Declaration by
`Dr. Ralph Wilhelm (Ex. 1020). Petitioner also asserts grounds of
`unpatentability for dependent claims 2–48. Pet. 10.
`
`II. ANALYSIS
`Claim Construction
`A.
`Legal Standard
`1.
`In an inter partes review, claim terms in an unexpired patent are
`interpreted according to their broadest reasonable construction in light of the
`specification of the patent in which they appear. 37 C.F.R. § 42.300(b); see
`also In re Cuozzo Speed Techs., LLC., 778 F.3d 1271, 1281–1282 (Fed. Cir.
`2015) (“Congress implicitly adopted the broadest reasonable interpretation
`standard in enacting the AIA,” and “the standard was properly adopted by
`[United States Patent and Trademark Office (‘USPTO’)] regulation.”).
`Under the broadest reasonable construction standard, and absent any special
`
`1In parenthesis are Exhibit numbers of certified English translations of
`foreign language references. Citations herein are to the certified English
`translations.
`
`6
`
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`definitions, claim terms are given their ordinary and customary meaning, as
`would be understood by one of ordinary skill in the art in the context of the
`disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir.
`2007) (quoting Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed. Cir. 2005)
`(en banc)).
`
`“said synthesized image”
`2.
`The term “said synthesized image” is recited in independent claim 1.
`Neither party proposes a construction for that term. Patent Owner, however,
`contends that Nissan and Hino are insufficient to teach “wherein said
`synthesized image approximates a view as would be seen by a virtual camera
`at a single location exterior of the equipped vehicle,” as recited in claim 1.
`Prelim. Resp. 31. To evaluate Patent Owner’s contention, we determine the
`broadest reasonable interpretation of “said synthesized image.”
`The antecedent basis for “said synthesized image” is within the
`following phrase: “wherein, responsive to processing by said image
`processor of received image data, a synthesized image is generated”
`(emphasis added). Accordingly, “said synthesized image” is generated by
`synthesizing the received image data captured by the image capture devices.
`The ’724 Patent Specification does not define “synthesized.” A
`dictionary definition is useful in ascertaining the way in which one of
`ordinary skill in the art would use the term. Starhome GmbH v. AT&T
`Mobility LLC, 743 F.3d 849, 856–57 (Fed. Cir. 2014). The Chambers 21st
`Century Dictionary defines “synthesize” as “to combine (simple parts) to
`form (a complex whole).” Chambers 21st Century Dictionary (2001)
`available at http://search.credoreference.com/content/entry/chambdict
`
`7
`
`
`
`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`/synthesize_or_synthesise/0 (retrieved on April 22, 2015) (Ex. 3001)
`(emphasis added).
`The dictionary definition is consistent with the use of “synthesize” in
`the ’724 Patent Specification. For instance, the ’724 Patent Specification
`states, “[r]earview vision system 12 additionally includes [ ] image processor
`18 for receiving data signals from image capture devices 14, 16 and
`synthesizing, from the data signals, [ ] composite image 42 which is
`displayed on [ ] display 20.” Ex. 1001, 5:57–62 (emphasis added). The
`’724 Patent Specification more particularly describes that the composite
`image is “made up of” image portions, and “[e]ach image portion 44–48 is
`reversed from the image as captured by the respective image capture
`device.” Id. at 7:44–49 (emphasis added). Additionally, the ’724 Patent
`Specification indicates that the synthesized image is generated by a
`“[c]ombined image generator.” Id. at 11:34–35; see also id. at 12:29–31
`(“[m]erging of multiple image portions would require additional combined
`image generators.”)
`Upon review, we determine that construing “said synthesized image”
`as “the image generated by combining the received image data captured by
`the image capture devices” is the broadest reasonable interpretation
`consistent with the ’724 Patent Specification.
`
`B.
`
`Asserted Obviousness of Claim 1 over Nissan, Hino, and
`Lemelson
`Petitioner contends that independent claim 1 of the ’724 Patent is
`unpatentable as obvious over the combination of Nissan, Hino, and
`Lemelson. Pet. 25–32. In light of the arguments and evidence submitted,
`Petitioner has not established a reasonable likelihood that it would prevail
`
`8
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`with respect to its contention that claim 1 is unpatentable as obvious over the
`combination of Nissan, Hino, and Lemelson.
`
`Nissan
`1.
`Nissan teaches a device for displaying information about a vehicle’s
`surroundings to the driver by using cameras. Ex. 1004, 2:16–20. Figure 1
`of Nissan, reproduced below, illustrates placement of the cameras.
`
`
`Figure 1 illustrates a vehicle equipped with cameras.
`
`Specifically, as shown in Figure 1, cameras 1–6 are set up such that
`two cameras are embedded in each of the front and rear bumpers and one
`camera is embedded in each front directional indicator. Id. at 3:36–4:3.
`Nissan additionally teaches displaying the positions of other vehicles,
`the states of obstructions, and the center line. Id. at 2:16–18. Figure 3(b),
`reproduced below, illustrates an exemplary display.
`
`9
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`U.S. Patent No. 8,643,724 B2
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`
`
`
`Figure 3(b) is the display during the operation
`of the right directional indicator.
`
`As illustrated in Figure 3, a plane (road surface) view is depicted
`showing the center line and neighboring vehicle 11 traveling behind vehicle
`10. Id. at 4:29–37.
`
`Hino
`2.
`Hino teaches providing a status in the vicinity of an automobile as
`seen from directly above the automobile. Ex. 1008, 2. Figure 1 of Hino
`illustrates a bus equipped with cameras. Id.
`
`
`Figure 1 depicts a side-view of a bus equipped with television
`cameras.
`
`As shown in Figure 1, the bus is equipped with three television
`cameras mounted on the roof including a television camera with a wide-
`angle lens positioned at each of the front, center, and rear of the bus. Id.
`
`10
`
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`Each camera is mounted to display a road surface in the vicinity of the bus.
`Id.
`Figure 3 of Hino, reproduced below, illustrates an exemplary display.
`
`
`Figure 3 is a view of a display sample of a cathode ray tube
`disposed at the driver’s seat.
`
`As shown in Figure 3, the cathode ray tube displays the road surface
`in the vicinity of the bus. Id. at 3.
`
`3.
`
`Lemelson
`
`Lemelson teaches a system and method for assisting the driver of a
`motor vehicle by displaying warnings of approaching hazards. See generally
`Ex. 1002, Abstract. Lemelson teaches displaying “[a]ctual image data”
`using a video display (id. at 6:46–54), which is received from camera 16
`“mounted at the front of the vehicle” (id. at 5:31–33). The displayed image
`“may include highlighting of hazards, special warning images such as
`flashing lights . . . and other hazard and safety related messages.” Id. at
`6:49–52.
`
`11
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`Claim 1
`4.
`Claim 1 recites “at least three image capture devices comprising a first
`image capture device disposed at a driver-side portion[,] . . . a second image
`capture device disposed at a passenger-side portion[,] . . . [and] a third image
`capture device disposed at a rear portion of the equipped vehicle.” Petitioner
`contends that these three image capture devices are taught by the following
`portion of Nissan: “two cameras are embedded in each of the front and rear
`bumpers, and one in each front directional indicator.” Pet. 26–27 (citing Ex.
`1004, 4:1–3); see also id. at 29 (citing Ex. 1004, 4:15–18, Fig. 4)
`(contending that the synthesized image is taught by “converting and
`combining the images from cameras 1 to N into one image.”)
`Claim 1 also recites, “wherein said synthesized image approximates a
`view as would be seen by a virtual camera at a single location exterior of the
`equipped vehicle.” For the reasons discussed above, we determine that “said
`synthesized image” means “the image generated by combining the received
`image data captured by the image capture devices.” In other words, the
`image that is generated by combining the received image data captured by
`cameras on the sides and rear of the vehicle must approximate a view as
`would be seen by a virtual camera at a single location exterior the equipped
`vehicle.
`In reliance on the Declaration by Dr. Wolberg, Petitioner contends
`that Nissan teaches an image produced from a single virtual location that is
`directly above a vehicle. Pet. 31 (citing Ex. 1019 ¶¶ 108–109). In
`particular, Dr. Wolberg testifies “it is my opinion that Nissan alone renders
`obvious this limitation.” Ex. 1019 ¶ 108. Dr. Wolberg states that the
`perspective conversion of Nissan “would be clearly understood by a
`
`12
`
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`IPR2015-00252
`U.S. Patent No. 8,643,724 B2
`
`PHOSITA as being used to obtain a bird’s eye view of the vehicle’s
`surroundings.” Id. Dr. Wolberg also testifies “Figs. 3a-3c of Nissan clearly
`show images displayed to the driver from a bird’s eye view perspective.” Id.
`Although we agree with Dr. Wolberg to the extent that Figure 3(a)
`displays a view showing the roof of vehicle 10, we disagree with Dr.
`Wolberg that Figure 3(a) depicts “a view as would be seen by a virtual
`camera at a single location” (id.). Contrary to Dr. Wolberg’s testimony,
`Nissan teaches, “neighboring vehicle 11 is displayed in side view.” Ex.
`1004, 4:34–35. We, therefore, conclude that Figure 3(a) of Nissan does not
`illustrate a view as would be seen by a virtual camera at a single location.
`Furthermore, neither Petitioner nor Dr. Wolberg explain adequately
`how the view illustrated in each of Figures 3(b) and 3(c) of Nissan would
`result from the combination of received image data captured by cameras
`embedded in the front and rear bumpers and in the front directional
`indicators illustrated in Figure 1 of Nissan. As Patent Owner notes, “none
`of the cameras are placed in a location where they could capture the top of
`another car.” PO Resp. 32. We also note that Nissan indicates “the
`vehicle’s position is simultaneously drawn in a diagram.” Ex. 1004, 4. In
`contrast, claim 1 requires displaying “said synthesized image,” which is
`generated by combining the received image data captured by cameras on the
`sides and rear of the vehicle.
`Petitioner, relying on the Declaration of Dr. Wolberg, also contends
`“it would have been obvious to combine Nissan and Hino to achieve an ideal
`view shown to the driver from the perspective of a virtual camera at a single
`location directly above the vehicle, looking downward.” Pet. 32 (citing Ex.
`1019 ¶¶ 110–114). Dr. Wolberg testifies “Nissan is not as ideal an aerial
`
`13
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`U.S. Patent No. 8,643,724 B2
`
`view as would be desired to a driver of the equipped vehicle.” Ex.
`1019 ¶ 112. In particular, Dr. Wolberg identifies “a distorted view of
`neighboring vehicle in Fig. 3(a)” of Nissan. Id. Dr. Wolberg, states “a
`PHOSITA would have found it obvious to improve the picture that is shown
`to the driver of Nissan to depict the ideal aerial view that is shown in Fig. 3
`of Hino.” Id.
`As discussed above, Figure 3(a) of Nissan illustrates vehicle 10 in a
`plane or road surface view whereas “neighboring vehicle 11 is displayed in
`side view.” Ex. 1004, 4:34–35. Dr. Wolberg’s testimony that Figure 3(a) of
`Nissan “clearly shows [an] image[] displayed to the driver from a bird’s eye
`perspective” (Ex. 1019 ¶ 108), but the image “is not as ideal an aerial view
`as would be desired” (id. ¶ 112) does not take into account adequately that
`neighboring vehicle 11 is displayed in side view. Because Dr. Wolberg’s
`testimony is inconsistent with the Nissan reference, we are not persuaded.
`Dr. Wolberg also testifies that “Nissan and Hino show similar views
`to the driver, and thus are combinable to produce a more robust vision
`system display.” Ex. 1019 ¶ 111. Petitioner, however, points to Nissan’s
`teaching that “two cameras are embedded in each of the front and rear
`bumpers, and one in each front directional indicator,” as rendering obvious
`the image capture devices recited in claim 1. Pet. 26–27 (citing Ex. 1004,
`4:1–3). Dr. Wolberg testifies, “a PHOSITA would have readily understood
`that Nissan is not being modified to alter the camera positions or placement
`of the six cameras in Nissan.” Ex. 1019 ¶ 113. Neither Petitioner nor
`Dr. Wolberg explain adequately how the images captured by Nissan’s
`cameras embedded in bumpers and directional indicators can be mapped to
`create a plan view of the vicinity of the vehicle, as taught by Hino. Dr.
`
`14
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`IPR2015-00252
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`
`Wolberg provides conclusory statements without explaining persuasively the
`basis for his view that one of ordinary skill in the art would have known to
`combine the teachings of Nissan and Hino. See 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.”)
`We are not persuaded that Petitioner’s contentions regarding
`Lemelson (Pet. 30–31) cure the deficiencies above. Petitioner cites to
`Lemelson’s teaching, e.g., of a reconfigurable display with respect to the
`following recitation of claim 1: “wherein said synthesized image is
`displayed.” Petitioner, however, does not rely on Lemelson’s teachings for
`either “wherein . . . a synthesized image is generated” or “wherein said
`synthesized image approximates a view as would be seen by a virtual
`camera at a single location,” as recited in claim 1. Pet. 29.
`
`C. Other Asserted Grounds
`Petitioner also asserts other grounds of unpatentability contending that
`claims 2-48 of the ’724 Patent are unpatentable, under 35 U.S.C. §103. Pet.
`32–59. Each of these other claims depends, directly or indirectly, from
`independent claim 1. Additionally, each of the other grounds asserted by
`Petitioner is based on claim 1 being obvious over the combination of Nissan,
`Hino, and Lemelson. Id. For the reasons given, we are not persuaded that
`Petitioner has met its burden with respect to independent claim 1. We,
`therefore, determine that Petitioner has not established a reasonable
`likelihood that it would prevail with respect to the dependent claims.
`
`15
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`
`
`III. ORDER
`For the reasons given, it is
`ORDERED that the Petition is denied and no inter partes review is
`instituted.
`
`PETITIONER:
`
`Tammy J. Terry
`Seema Mehta
`Aly Dossa
`Peter C. Schechter
`OSHA LIANG LLP
`terry@oshaliang.com
`mehta@oshaliang.com
`dossa@oshaliang.com
`schechter@oshaliang.com
`
`PATENT OWNER:
`
`Timothy A. Flory, Esq.
`Terence J. Linn
`GARDNER, LINN, BURKHART & FLORY, LLP
`Flory@glbf.com
`linn@glbf.com
`
`David K.S. Cornwell
`Salvador M. Bezos
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`davide-PTAB@skgf.com
`sbezos-PTAB@skgf.com
`
`
`
`16
`
`
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