UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`DISH NETWORK L.L.C., and SIRIUS XM RADIO INC.
`Petitioner,
`
`v.
`
`DRAGON INTELLECTUAL PROPERTY, LLC
`Patent Owner.
`________________
`
`Case IPR2015-004991
`Patent 5,930,444
`________________
`
`
`
`
`Before NEIL T. POWELL, STACEY G. WHITE, J. JOHN LEE, Administrative
`Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`PATENT OWNER’S NOTICE OF
`DEMONSTRATIVE EXHIBITS FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`1
` Case IPR2015-01735 has been joined with this proceeding.
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`DISH NETWORK L.L.C., and SIRIUS XM RADIO INC.
`Petitioner,
`
`v.
`
`DRAGON INTELLECTUAL PROPERTY, LLC
`Patent Owner.
`________________
`
`Case IPR2015-004991
`Patent 5,930,444
`________________
`
`
`
`
`Before NEIL T. POWELL, STACEY G. WHITE, J. JOHN LEE, Administrative
`Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`PATENT OWNER’S NOTICE OF
`DEMONSTRATIVE EXHIBITS FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`1
` Case IPR2015-01735 has been joined with this proceeding.
`
`
`
`
`
`Pursuant to the Board’s Order Re Trial Hearing [Paper 31], Patent Owner
`
`submits its demonstrative exhibits for use at the February 9, 2016 oral argument.
`
`
`
`
`
`
`
`
`
`Kai Zhu (Reg. No. 64,586)
`60 Cody Ln, Los Altos, CA 94022
`Telephone: (650) 999-0172
`Facsimile: (928) 569-1639
`
`
`
`Date: February 5, 2016
`
`
`
`
`
`-2-
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`It is certified that a copy of the foregoing has been served on Petitioners via
`
`electronic mail transmission addressed to the persons at the addresses below:
`
`Eliot Williams (Reg. No. 50,822)
`G. Hopkins Guy (Reg. No. 35,886)
`BAKER BOTTS L.L.P.
`eliot.williams@bakerbotts.com
`hop.guy@bakerbotts.com
`
`
`
`Jonathan S. Caplan (Reg. No. 38,094)
`James Hannah (Reg. No. 56,369)
`Mark A. Baghdassarian
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jcaplan@kramerlevin.com
`jhannah@kramerlevin.com
`mbaghdassarian@kramerlevin.com
`
`
`Date: February 5, 2016
`
`Kai Zhu
`/s/
`
`
`Kai Zhu (Reg. No. 64,586)
`
`
`
`
`-3-
`
`
`
`DISH Network L.L.C., and Sirius XM Radio Inc.
`Petitioner
`v.
`Dragon Intellectual Property, LLC
`Patent Owner
`
`U.S. Patent 5,930,444
`Case IPR2015‐00499
`Case IPR2015‐01735
`
`Patent Owner’s Demonstratives
`
`Dragon Intellectual Property, LLC – Ex. 2006
`
`p. 1
`
`
`
`U.S. Patent 5,930,444 (the “’444 patent”)
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 2
`
`
`
`Proposed Grounds of Unpatentability
`
`References
`
`Basis
`
`Goldwasser and
`Yifrach
`
`§ 103
`
`Claims
`Challenged
`
`1, 7‐10, and 14
`
`Goldwasser,
`Yifrach and
`Vogel
`
`§ 103
`
`2‐4 and 13
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 3
`
`
`
`Claim 1
`A recording and playback apparatus for the substantially immediate and seamless
`resumption of interrupted perception of broadcast program information based
`upon audio or video signals, or both, without missing the program information
`presented during the interruption, comprising:
`***
`[b] a keyboard having a record key and a playback key;
`
`[c] a control circuit coupled responsively to said keyboard;
`***
`[g] said control circuit being configured so that substantially simultaneous
`recording and playback of program information is achieved when said record key
`is first actuated to begin a recording by initiating storage of the broadcast
`program information in said memory unit, and said playback key is subsequently
`and solely actuated to begin time delay playback of the recording from the
`beginning thereof by initiating retrieval of the stored program information in said
`memory unit, with the interval of the time delay being the same as the time
`elapsed between the actuation of said record key and the subsequent actuation
`of said playback key.
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 4
`
`
`
`Control Circuit Interacts with the Keyboard in Claim 1
`“The ’444 Patent teaches that the ‘one‐key
`seamless playback’ operation is implemented with
`a control circuit that is coupled responsively to a
`keyboard having a record key and a playback key.
`...
`The control circuit of the ’444 Patent is configured
`to enable ‘substantially simultaneous recording
`and playback’ employing, among other things, the
`‘one‐key seamless playback” feature.’”
`
`Goldberg Decl., Ex. 2001 at 7, ¶14.
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 5
`
`
`
`Goldwasser as Admitted by DISH
`
`“As described in Goldwasser,
`recording is controlled by
`address controller 58, which is
`responsive to commands
`received from user control panel
`50. See Pet. 40–41. Goldwasser,
`however, does not provide
`detail as to the controls
`provided on user control panel
`50. Id. at 43–46. Petitioner relies
`upon the teaching of Yifrach,
`specifically its freeze and
`playback buttons, to disclose
`the claimed keyboard with
`playback and record keys.”
`
`(Institution Decision at 14‐15)
`p. 6
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`
`
`How Goldwasser’s Control Circuit Handles “Interrupt”
`
`Goldberg Decl., Ex. 2001 at 11‐12, ¶21.
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 7
`
`
`
`Patent Office’s Holdings in the Supplemental Exam
`
`“In particular, Goldwasser fails to expressly teach or suggest:
`
`a. a keyboard having a record key and a playback key; and
`
`b. a control circuit, coupled to the keyboard, being configured so that
`substantially simultaneous recording and playback of program
`information is achieved when said record key is first actuated to begin a
`recording by initiating storage of the broadcast program information in
`said memory unit, and said playback key is subsequently and solely
`actuated to begin time delay playback of the recording from the
`beginning thereof by initiating retrieval of the stored program
`information in said memory unit, with the interval of the time delay
`being the same as the time elapsed between the actuation of said record
`key and the subsequent actuation of said playback key.”
`
`(Ex. 1008 at 153, ¶31; Supplemental Exam Determination)
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 8
`
`
`
`Patent Office’s Holdings in the Supp. Exam (cont’d)
`
`(Ex. 1008 at 152, ¶ ¶ 28‐29 ; Supplemental Exam Determination)
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 9
`
`
`
`Patent Office’s Holdings in the Supp. Exam (cont’d)
`
`(Ex. 1008 at
`151, ¶25 ;
`Supplemental
`Exam
`Determination)
`
`(Ex. 1008 at
`153, ¶36 ;
`Supplemental
`Exam
`Determination)
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 10
`
`
`
`Yifrach Is A Different Invention
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 11
`
`
`
`Yifrach Is A Different Invention (cont’d)
`
`“In contrast to the invention of the ’444
`Patent, which is directed to a device
`having a particular control circuit that is
`configured to achieve substantially
`simultaneous recording and playback
`upon the occurrence of a series of actions
`implemented by the user, (the focus of
`the Yifrach invention is to ‘freeze’ a
`predetermined segment of radio
`broadcast that has already been
`recorded in the ‘cyclic storage device,’
`i.e., the last sixty seconds of broadcast
`content, by transferring that content into
`the ‘further storage device’ RAM 30) for
`later playback.”
`
`Goldberg Decl., Ex. 2001 at 18, ¶35.
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 12
`
`
`
`“Keys” and Control Circuit in Yifrach
`
`(Wechselberger
`Depo., Ex. 2004
`at 70)
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 13
`
`
`
`“Keys” and Control Circuit in Yifrach (cont’d )
`
`“Freeze”
`
`the time elapsed between the
`actuation of Freeze and Playback
`buttons is 10 minutes
`
`“Playback”
`
`8:59
`
`9:00
`
`9:10
`
`9:11
`
`the interval of the time delay is
`11 minutes
`
`(Wechselberger Depo., Ex. 2004 at 69‐70)
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 14
`
`
`
`“Keys” and Control Circuit in Yifrach (cont’d )
`
`The Freeze/Playback buttons and control circuit
`in Yifrach do not meet the “the interval of the
`time delay being the same as the time elapsed
`between the actuation of said record key and the
`subsequent actuation of said playback key”
`limitation in Claim 1
`
`(Wechselberger Depo., Ex. 2004 at 69‐70)
`
`Dragon Intellectual Property, LLC – Ex. 2006,
`
`p. 15
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