Trials@uspto.gov
`571-272-7822
`
` Paper 10
` Entered: January 13, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG DISPLAY, LTD.,
`Petitioner,
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01094
`Patent 7,404,660 B2
`____________
`
`
`
`Before THOMAS L. GIANNETTI, NEIL T. POWELL, and BEVERLY M.
`BUNTING, Administrative Patent Judges.
`
`
`
`
`BUNTING, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`1
`
`VALMONT 2003
`
`
`571-272-7822
`
` Paper 10
` Entered: January 13, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG DISPLAY, LTD.,
`Petitioner,
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01094
`Patent 7,404,660 B2
`____________
`
`
`
`Before THOMAS L. GIANNETTI, NEIL T. POWELL, and BEVERLY M.
`BUNTING, Administrative Patent Judges.
`
`
`
`
`BUNTING, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`1
`
`VALMONT 2003
`
`
`
`Case IPR2014-01094
`Patent 7,404,660 B2
`
`
`LG Display Co, Ltd. (“Petitioner”) filed a Petition pursuant to 35
`
`U.S.C. §§ 311–319 to institute an inter partes review of claims 1, 3, 10, 16,
`
`17, 25, 33, and 34 of U.S. Patent No. 7,404,660 B2 (Ex. 1001, “the ’660
`
`patent”). Paper 2 (“Pet.”). Innovative Display Technologies LLC (“Patent
`
`Owner”) filed a Preliminary Response on October 16, 2014. See Paper 8
`
`(“Prelim. Resp.”). Applying the standard set forth in 35 U.S.C. § 314(a),
`
`which requires demonstration of a reasonable likelihood that Petitioner
`
`would prevail with respect to at least one challenged claim, we deny the
`
`Petition and decline to institute an inter partes review of claims 1, 3, 10, 16,
`
`17, 25, 33, and 34 of the ’660 patent based on any of the asserted grounds.
`
`
`
`I. BACKGROUND
`
`A. The ʼ660 Patent (Ex. 1001)
`
`The ʼ660 patent is directed to a light emitting panel assembly 60
`
`having a transparent light emitting panel 62 with a “greater cross-sectional
`
`width than thickness” (Ex. 1001, Abstract) as illustrated below in Fig. 10.
`
`
`
`Fig. 10 is a schematic top view of a light emitting panel assembly.
`
`The light emitting panel assembly includes one or more light sources 3 that
`
`emit light in a predetermined pattern in light transition member 63, such that
`
`the light source has “a light output distribution with a greater width
`
`component than height component positioned adjacent to the input edge for
`
`directing light into the optical conductor and emission of the light from at
`
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`Patent 7,404,660 B2
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`least one output region of the optical conductor.” Id. at 2:61–65; Abstract;
`
`see also 7:57–58; Fig. 10. The transition member 63, described as “an
`
`integral extension of one end of the light emitting panel [2] and as being
`
`generally rectangular in shape,” is configured to spread and transmit the
`
`light by the light source to the output region. Id. at 3:5–7; Abstract. The
`
`transition member “may be a separate piece suitably attached to the light
`
`input surface [13] of the panel member.” Id. at 3:11–13. Light extracting
`
`deformities “may be provided on one or both sides of the panel members or
`
`on one or more selected areas on one or both sides of the panel members.”
`
`Id. at 4:31–34.
`
`
`
`B. Illustrative Claim
`
`Claim 1 is illustrative of the claims at issue:
`1. A light emitting panel assembly comprising:
`a generally planar optical conductor having at least
`one input edge with a greater cross-sectional width than
`thickness; and
`a plurality of light sources configured to generate
`light having an output distribution defined by a greater
`width component than height component, the light
`sources positioned adjacent to the input edge, thereby
`directing light into the optical conductor;
`the optical conductor having at least one output
`region and a predetermined pattern of deformities
`configured to cause light to be emitted from the output
`region,
`the optical conductor having a transition region
`disposed between the light source and the output region.
`
`
`
`
`
`3
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`C. Related Proceedings
`
`Patent Owner indicates that it has asserted infringement of the ’660
`
`patent in the following proceeding: Delaware Display Group LLC et al. v.
`
`LG Electronics Inc. et al., No. 1:13-cv-02109 (D. Del., filed Dec. 31, 2013).
`
`Paper 6, 2. In addition, Patent Owner lists other proceedings in which it has
`
`alleged infringement of the ʼ660 patent. Id. at 2–5. Petitioner concurrently
`
`filed additional petitions challenging the patentability of the following
`
`related patents:
`
`1. IPR2014-01092 (U.S. Patent No. 7,434,974);
`
`2. IPR2014-01095 (U.S. Patent No. 8,215,816);
`
`3. IPR2014-01096 (U.S. Patent No. 7,537,370); and
`
`4. IPR2014-01097 (U.S. Patent No. 7,300,194).
`
`
`
`
`
`D. Claim Construction
`
`The Board interprets claims of an unexpired patent 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 also Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48,756, 48,766 (Aug. 14, 2012). Petitioner proposes a
`
`construction for the term “deformities” appearing in claims 1, and 33. Pet.
`
`8. Patent Owner takes no position on claim construction, other than pointing
`
`out that the parties agreed to the construction of “deformities” proffered by
`
`Petitioner in the district court. Prelim. Resp. 4–5; citing Ex. 2002, 8.1
`
`
`1 The district court construed the phrase “pattern of deformities” and
`similarly “pattern of light extracting deformities” to mean “a random
`placement pattern or a variable pattern.” Ex. 2002, 11.
`
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`For purposes of this decision, having considered the evidence
`
`presented, we see no need to construe expressly “deformities” or any of the
`
`other terms in the challenged claims at this time.
`
`
`
`E. References
`
`Petitioner relies on the following references (Pet. 8–10), the Admitted
`
`Prior Art (“APA”) discussed in the ’660 patent (Pet. 8–9) and the
`
`Declaration of Dr. Michael J. Escuti (Ex. 1004):
`
`Patents/Printed
`Publications
`US 5,461,547
`US 5,005,108
`US 5,359,691
`US 5,619,351
`
`Date
`
`Exhibit
`
`Oct. 24, 19952
`April 2, 1991
`Oct. 25, 1994
`April 8, 19973
`
`1005
`1006
`1007
`1008
`
`References
`
`Ciupke
`Pristash
`Tai
`Funamoto
`
`
`
`F. Grounds Asserted
`
`Petitioner challenges claims 1, 3, 10, 16, 17, 25, 33, and 34 of the
`
`’660 patent on the following grounds. Pet. 10.
`
`References
`Pristash
`Tai
`Ciupke
`Tai and Funamoto
`
`Basis
`§ 102(b)
`§ 102(a)
`§ 102(e)
`§ 103(a)
`
`Claims Challenged
`1, 3, 10, 16, 17, 25, 33, and 34
`1, 3, 10, 16, and 25
`1, 3, 10, 16, 17, 25, 33, and 34
`25
`
`
`
`
`2 Petitioner relies on the July 20, 1993 filing date of Ciupke. Pet. 10.
`3 Petitioner relies on the May 10, 1994 35 U.S.C. § 371 date of Funamoto.
`Id.
`
`
`
`5
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`II. ANALYSIS
`
`A. Anticipation Ground Based on Pristash
`
`Petitioner contends that claims 1, 3, 10, 16, 17, 25, 33, and 34 are
`
`anticipated by Pristash under 35 U.S.C. § 102(b) because Pristash discloses
`
`each of the limitations of claim 1. Pet. 11–20. Petitioner cites the
`
`Declaration of Dr. Escuti in support of the analysis advocated in the Petition.
`
`Ex. 1004. Patent Owner counters that Pristash does not disclose expressly
`
`the “plurality of light sources configured to generate light having an output
`
`distribution defined by a greater width component than height component”
`
`limitation. Prelim. Resp. 5–7. Having considered the arguments and
`
`evidence presented, we are not persuaded that Pristash teaches the “plurality
`
`of light sources” limitation. A detailed analysis of our determination follows
`
`after a brief overview of Pristash.
`1. Pristash Overview
`
`Pristash describes a panel illuminator having “a solid transparent light
`
`emitting panel 2 and a light source 3 which generates and focuses light, in a
`
`predetermined pattern, either directly on a panel input edge 4 or on a
`
`transition device 5 which is used to make the transition from the light source
`
`3 target shape to the light emitting panel input edge 4 shape.” Ex. 1006
`
`2:67–3:4. Disruptions or deformities 16 may be located on the exterior
`
`surface of the light emitting panel. Id. at 3:29–35. In the embodiment
`
`illustrated in Figs. 8–10, light sources 64, 64’ are positioned on each end of
`
`the panel. Id. at 5:36–40. Pristash discloses different forms of transition
`
`devices, and teaches that the transition devices may be separate from the
`
`light emitting panel, or “formed as an integral part of the panels.” Id. at 8:6–
`
`10. While the input and output surfaces of the various transition devices
`
`
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`6
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`shown are square, round or rectangular, “they may be elliptical or any other
`
`shape necessary to fit a particular application.” Id. at 7:60–63.
`
`2. Discussion
`
`The Petitioner provides a brief summary of the Pristash reference,
`
`including annotations of Figures 1 and 7 of Pristash, and claim charts
`
`identifying quotations in Pristash that correspond with claim elements. Pet.
`
`12–20. Petitioner asserts generally that “Pristash describes each and every
`
`element of Claims 1, 3, 10, 16, 17, 25, 33, and invalidates those claims under
`
`35 U.S.C. §102.” Id. at 12. Petitioner presents annotated Figures 1 and 7 of
`
`Pristash to support its contention that Pristash discloses the limitations of
`
`claim 1 because “Pristash teaches a light emitting panel assembly including
`
`a solid transparent panel member 51, with a prismatic surface 52, having a
`
`greater cross sectional width than thickness and top and bottom surfaces and
`
`an input edge, a plurality of light sources adjacent to the input edge, and a
`
`transition device 5 used to make the transition from light source 3 to input
`
`edge 4.” Pet. 13, citing Ex. 1006, 2:64–3:4, 3:29–35, 5:6–11, 5:11–16;
`
`claims 1, 72. The Petitioner also refers to multiple paragraphs in the
`
`Declaration of Dr. Escuti to support its position. Id., citing Ex. 1004 ¶¶ 68–
`
`79.
`
`For independent claim 33, Petitioner refers also to multiple paragraphs
`
`in the Escuti declaration to support its contention that Pristash “additionally
`
`teaches a plurality of LED light sources.” Id., citing Ex. 1006, 3:9–21; Ex.
`
`1004 ¶¶ 101–107. Petitioner similarly points to multiple paragraphs in the
`
`Escuti Declaration to support its assertion that in addition to teaching the
`
`features of independent claims 1 and 33, Pristash teaches the limitations of
`
`dependent claims 3, 10, 16, 17, 25, and 34. Id. at 13–14, citing Ex. 1006,
`
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`3:9–22, 7:64–8:1, Claims 1, 21, Fig. 18; see also Ex. 1004 ¶¶ 80–95, 109–
`
`111. Finally, Petitioner refers to multiple paragraphs in the Escuti
`
`Declaration to support its argument that Pristash inherently discloses the tray
`
`limitation of dependent claim 25. Id. at 14, citing Ex. 1004 ¶¶ 97–99.
`
`In the Preliminary Response, Patent Owner characterizes Petitioner’s
`
`analysis of the claim limitation “a plurality of light sources configured to
`
`generate light having an output distribution defined by a greater width
`
`component than height component” as conclusory, because Petitioner
`
`proffers “no substantive analysis” in support of its position. Prelim.
`
`Resp. 5–6. Patent Owner contends the citations to the Escuti Declaration in
`
`the claim chart “cannot revive the Petition’s incomplete analysis” because
`
`“information presented in the Escuti Declaration in relation to claim 1 that is
`
`not sufficiently included in the Petition itself should not be considered”
`
`under 37 C.F.R. § 42.22(a)(2). Id. at 6. Patent Owner argues that even if
`
`considered, the Escuti Declaration “identifies ‘transition devices’ – not light
`
`sources – as the elements that allegedly have the light output distribution
`
`recited in limitation [1.b].” Id., citing Pet. at 15–16, Ex. 1004 ¶ 72. Patent
`
`Owner asserts that Petitioner does not explain why the transition device 5
`
`“should be considered a light source” given that Pristash defines separate
`
`element 3 as the light source. Id.
`
`The referred-to paragraphs of the Escuti Declaration present
`
`approximately 14 pages of figures and arguments in further support of the
`
`unpatentability challenges that rely on Pristash. Ex. 1004 ¶¶ 68–111. We
`
`agree with Patent Owner that it is improper under our rules to incorporate by
`
`reference arguments from one document into another document. 37 C.F.R.
`
`§ 42.6(a)(3); see also Rules of Practice for Trials Before The Patent Trial
`
`
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`8
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`and Appeal Board and Judicial Review of Patent Trial and Appeal Board
`
`Decisions; Final Rule, 77 Fed. Reg. 48,612, 48,617 (Aug. 14, 2012)
`
`(prohibition against incorporation by reference is to eliminate abuses that
`
`arise from incorporation). Through incorporation by reference of the
`
`arguments from the Pristash Declaration into the Petition, Petitioner
`
`circumvents essentially the page limits imposed on petitions for inter partes
`
`review. For this reason, information that is not provided explicitly in the
`
`Petition, but is instead incorporated by reference to cited paragraphs in the
`
`Pristash Declaration, is given minimal consideration.
`
`A petition for inter partes review must identify how the construed
`
`claim is unpatentable under the statutory grounds on which the petitioner
`
`challenges the claims, and must specify where each element of the claim is
`
`found in the prior art patents or printed publications relied upon. 37 C.F.R.
`
`§ 42.104(b)(4). Similarly, 37 C.F.R. § 42.22(a)(2) states that each petition
`
`must include “a detailed explanation of the significance of the evidence
`
`including material facts, and the governing law, rules, and precedent.” With
`
`respect to the unpatentability ground relying on Pristash, the Petition does
`
`not: (1) specify sufficiently where each element of the claims is found in the
`
`applied references, and (2) include a detailed explanation of the significance
`
`of the quotations and citations from the applied references. See 37 C.F.R.
`
`§§ 42.104(b)(4), 42.22(a)(2).
`
`We agree that Petitioner’s annotations of Figure 7 and cited passages
`
`of Pristash in the claim chart demonstrate that Pristash describes the claim
`
`element of “a plurality of light sources.” Nonetheless, this evidence does
`
`not demonstrate adequately that the plurality of light sources are “configured
`
`to have an output distribution having a greater width component than height
`
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`9
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`component.” We are not persuaded a person of ordinary skill in the art in
`
`the relevant time period would have understood the annotated portions of
`
`Figure 7 or quoted passages of Pristash as teaching that the plurality of light
`
`sources are “configured to have an output distribution with a greater width
`
`component than height component.” Moreover, Petitioner does not provide
`
`a detailed explanation of the significance of the quotations and citations
`
`from Pristash, and other than annotating Figures 1 and 7 of Pristash,
`
`Petitioner does not otherwise specify sufficiently how this limitation is met.
`
`Also, we are persuaded by Patent Owner’s argument that Petitioner’s
`
`declarant does not explain adequately how the shape of the input end of the
`
`transition device relates to the output distribution of the plurality of light
`
`sources. See Prelim. Resp. 6–7.
`
`Accordingly, on the record before us, the information presented in the
`
`Petition does not demonstrate a reasonable likelihood that Petitioner would
`
`prevail with respect to its contention that claims 1, 3, 10, 16, 17, 25, 33, and
`
`34 are anticipated by Pristash.
`
`
`
`B. Anticipation Ground Based On Tai
`
`Next, Petitioner contends that claims 1, 3, 10, 16 and 25 are
`
`anticipated by Tai under 35 U.S.C. § 102(a) (Pet. 20–28) because Tai
`
`discloses each of the limitations of these claims.4 Petitioner also cites the
`
`Declaration of Dr. Escuti in support of the analysis advocated in the Petition.
`
`Ex. 1004. Patent Owner counters that Tai does not expressly disclose the
`
`
`4 We presume the assertion that the claims are anticipated by Tai under 35
`U.S.C. § 102(b) is in error based on the identification of grounds elsewhere
`in the Petition. See Pet. 9–10, 20.
`
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`“output distribution defined by a greater width component than height
`
`component” element of the plurality of lights limitation of independent
`
`claim 1. Prelim. Resp. 14. We have considered the arguments and evidence
`
`presented, and are not persuaded that Tai teaches this limitation. A detailed
`
`analysis of our determination follows after a brief overview of Tai.
`
`1. Tai Overview
`
`Tai discloses “an assembly for backlighting a liquid crystal flat panel
`
`display” that may use up to four light sources 64. Ex. 1007, Abstract; Fig. 1.
`
`The assembly 10 includes a rectangular backlighting pipe 14 having two
`
`light collimating assemblies 28, 28´ for directing light into and through the
`
`light pipe. Id. at 4:29–41. The assembly includes an arrangement of
`
`microprisms 36 along the surface of the pipe. Id. at 4:45–51.
`
`2. Discussion
`
`
`
`Petitioner provides a brief summary of the Tai reference, including
`
`annotations of Figure 1 of Tai, and claim charts identifying quotations in Tai
`
`that correspond with claim elements to support its argument that “Tai
`
`describes each and every limitation of claims 1, 3, 10, 16, and 25.” Pet. 21.
`
`As with the ground based on Pristash, Petitioner refers to multiple
`
`paragraphs in the Escuti Declaration to support its arguments. Pet. 22–23,
`
`25, 27–28, citing Ex. 1004 ¶¶ 118–132, 134–150. Specifically, Petitioner
`
`asserts that the teachings of “a plurality of light sources 64 adjacent to the
`
`input edge, and a collimating assembly 28 used to make the transition from
`
`light source 64 to input edge 60” meet the limitations of claim 1. Id. at 22,
`
`citing Ex. 1007, Abstract, 2:10–23, 4:27–35, Fig. 2; Ex. 1004 ¶¶ 118-132.
`
`With regards to the dependent claims, Petitioner asserts that Tai teaches that
`
`the collimating assembly is integral with the input edge of the light pipe (Id.
`
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`citing Ex. 1007, Figs., 1–4; Ex. 1004 ¶¶ 134–142); the light sources 64 are
`
`focused light sources (Ex. 1007, 5:49–59; Ex. 1004 ¶¶ 143–146); and that
`
`the tray is inherently disclosed based on the usage of the backlighting
`
`assembly (Id., citing Ex. 1007, Abstract, 13:20–23; Ex. 1004 ¶¶ 147–150).
`
`
`
`Patent Owner counters that the Petition does not identify specifically
`
`the teachings in Tai showing the output distribution portion of the plurality
`
`of light sources limitation, i.e. “having an output distribution defined by a
`
`greater width component than height component.” Prelim. Resp. 14.
`
`According to Patent Owner, the “citation to the Escuti Declaration in the
`
`claim [chart] cannot replace what is missing in the Petition itself.” Id. In
`
`addition, Patent Owner asserts that the cited portion of the Escuti
`
`Declaration “refers to and emphasized Tai’s teaching of the light collimating
`
`assemblies 28 and 28’ – not light sources 64 and 64’– for controlling the
`
`light output distribution from the light source and allowing for ‘receiving
`
`light from sources 64 and 64’ with a greater width than height.’” Id. at 15,
`
`citing Ex. 1004 ¶ 123. Patent Owner notes that the light collimating
`
`assemblies are also identified by Petitioner’s declarant as the “transition
`
`region” and contends that “[t]he assemblies 28 and 28’ cannot be both part
`
`of the light source limitation [1.b] and the transition region limitation [1.d].”
`
`Id.
`
`
`
`We initially note that the paragraphs of the Escuti Declaration
`
`Petitioner refers to encompass approximately 11 pages of figures and
`
`arguments in further support of the unpatentability challenges that rely on
`
`Tai. Ex. 1004 ¶¶ 118–150. For the reasons stated above in the discussion
`
`directed to Pristash, information not provided expressly in the Petition, but
`
`instead incorporated by reference to the cited paragraphs in the Escuti
`
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`Declaration, is given minimal consideration. With respect to the
`
`unpatentability ground based on Tai, the Petition does not (1) specify
`
`sufficiently where each element of the claims is found in Tai, and (2) include
`
`a detailed explanation of the significance of the quotations and citations
`
`from Tai.
`
`
`
`We agree that Petitioner demonstrates adequately that Tai describes
`
`the claim element of “a plurality of light sources,” as shown in Petitioner’s
`
`annotations of Figure 1 and the cited passages of Tai referenced in the claim
`
`chart. Nonetheless, the proffered evidence does not demonstrate sufficiently
`
`the further requirement that the plurality of light sources are “configured to
`
`have an output distribution having a greater width component than height
`
`component.” We are not persuaded a person of ordinary skill in the art in
`
`the relevant time period would have understood the annotated portions of
`
`Figure 1 or quoted passages of Tai as teaching that the plurality of light
`
`sources are “configured to have an output distribution with a greater width
`
`component than height component.” Moreover, Petitioner does not provide
`
`a detailed explanation of the significance of the quotations and citations
`
`from Tai, and other than marking up Figure 1 of Tai, Petitioner does not
`
`otherwise establish sufficiently how this limitation is met. Moreover, we are
`
`persuaded also by Patent Owner’s argument that Petitioner’s declarant does
`
`not explain adequately how the light collimating assemblies of Tai are a
`
`light source having an output distribution defined by a greater width
`
`component than height component, based on Tai’s disclosure of a transition
`
`region disposed between the light source and output region of the panel. See
`
`Prelim. Resp. 14–15.
`
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`For these reasons, based on the record before us, Petitioner has not
`
`demonstrated a reasonable likelihood that it would prevail with respect to its
`
`contention that claims 1, 3, 10, 16, and 25 are anticipated by Tai.
`
`
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`
`
`C. Anticipation Ground Based on Ciupke
`
`Petitioner contends that claims 1, 3, 10, 16, 17, 25, 33, and 34 are
`
`anticipated by Ciupke under 35 U.S.C. § 102(e) because Ciupke discloses
`
`each of the limitations of these claims.5 Pet. 28–37. Petitioner cites the
`
`Declaration of Dr. Escuti in support of the analysis advocated in the Petition.
`
`Ex. 1004. Patent Owner counters that Ciupke does not expressly disclose
`
`the “output distribution defined by a greater width component than height
`
`component” portion of the plurality of lights limitation of claim 1. Prelim.
`
`Resp. 20. We have considered the arguments and evidence presented, and
`
`are not persuaded that Ciupke teaches this limitation. A detailed analysis of
`
`our determination follows after a brief overview of Ciupke.
`
`1. Ciupke Overview
`
`Ciupke describes a lighting system for illuminating flat panel displays
`
`having a light pipe 11 that includes opposed planar surfaces 13, 14. One
`
`planar surface includes facets 16. Ex. 1005, 1:5–7, 2:42–46. The lighting
`
`system also includes a light source 18, which directs light into the light
`
`guide or pipe in a direction generally perpendicular to the longitudinal axis
`
`of the v-grooves. Id. at 2:62–63, 4:6–11. Ciupke discloses that the space
`
`between the lamp, light pipe and reflector “is filled with a transparent,
`
`
`5 We again presume the assertion that the claims are anticipated by Ciupke
`under 35 U.S.C. § 102(b) is in error based on the identification of grounds
`elsewhere in the Petition. See Pet. 10, 28.
`
`
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`flexible, reflective index matching material 25 which holds the lamp and
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`cushions it from any shock and efficiently couples the light from the source
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`into the light pipe.” Id. at 3:1–5.
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`2. Discussion
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`Petitioner provides a brief summary of the Ciupke reference, and
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`presents annotations of Figure 2 of Ciupke and claim charts identifying
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`quotations in Ciupke that correspond with the claim elements of the ’660
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`patent. Pet. 28–37. Petitioner asserts generally that “Ciupke describes each
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`and every limitation of Claims 1, 3, 10, 16, 17, 33, and 34 of the ’660
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`Patent.” Id. 29. Specifically, Petitioner asserts that Ciupke discloses the
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`claim 1 limitation of “a plurality of light sources 18 adjacent to the input
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`edge, and a transparent flexible, refractive index matching material 25
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`(transition region) used to make the transition from light source 18 to the
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`input edge of lit guide 11.” Id. at 30, citing Ex. 1005, 1:5–9, 2:42–44,
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`4:6–10, 3:1–6, 3:40–45, Figs. 1–2, 4; Ex. 1004 ¶¶ 159–165. As to claim 33,
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`Petitioner asserts that Ciupke discloses that the light sources may include
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`other types of light sources, which would include a plurality of LED light
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`sources. Id., citing Ex. 1005, 4:6–11; Ex. 1004 ¶¶ 190–196. For dependent
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`claims 3, 10, 16, 17, and 34, Petitioner asserts that Ciupke also teaches that
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`the transition region means is integral with the light pipe, the light sources
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`may be of other types including LEDs, and each light source has a light
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`output distribution with a greater width component than height component.
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`Id. at 30–31, citing Ex. 1005, 3:1–6, 3:40–45, 4:6–11, Figs. 2, 4; Ex. 1004
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`¶¶ 167–174. Regarding claim 16, Petitioner asserts that the u-shaped
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`reflector 23 surrounds the light source 18 to focus the light into the light
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`pipe. Id. at 31, citing Ex. 1005, 2:62–3:1; Ex. 1004 ¶¶ 176–179. Finally,
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`regarding claim 25, Petitioner asserts that tray 25 is inherently disclosed
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`based on the usage of such light systems for backlighting purposes. Id. at
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`31, citing Ex. 1005, 1:12–17; Ex. 1004 ¶¶ 186–188.
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`Patent Owner characterizes Petitioner’s statement “that ‘each light
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`source [of Ciupke] has light output distribution with a greater width
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`component than height component’” as “conclusory.” Prelim. Resp. 20.
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`Patent Owner again argues that information presented in the Escuti
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`Declaration should not be considered if not sufficiently included in the
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`Petition. Id. at 21. Notwithstanding this position, Patent Owner asserts that
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`both the Petition and the Escuti Declaration fail to identity specifically the
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`light output distribution of light sources 18, such that the light sources
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`generate light having an output distribution defined by a greater width
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`component than height component. Id. at 21.
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`We note that the paragraphs of the Escuti Declaration Petitioner refers
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`to represent approximately 12 pages of figures and arguments in further
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`support of the unpatentability challenges that rely on Ciupke. Ex. 1004
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`¶¶ 159–200. For the reasons stated above in the discussion directed to
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`Pristash, information not provided explicitly in the Petition, but instead
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`incorporated by reference to cited paragraphs in the Escuti Declaration, is
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`given minimal consideration. As to this ground of unpatentability based on
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`Ciupke, the Petitioner does not specify sufficiently where the element of the
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`light output distribution is found in the applied references, and nor does
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`Petitioner include a detailed explanation establishing the significance of the
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`quotations and citations to Ciupke.
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`While we agree with Petitioner that Ciupke describes a plurality of
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`light sources, we are more persuaded by Patent Owner’s contention that
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`Petitioner has not demonstrated or explained sufficiently how Ciupke
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`discloses the light source output distribution limitations of the claims.
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`Moreover, Petitioner’s Declarant, Dr. Escuti, does not explain adequately
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`how the light sources in Ciupke generate light having an output distribution
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`defined by a greater width component than height component. See Ex. 1004,
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`¶ 161. We are not persuaded a person of ordinary skill in the art in the
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`relevant time period would have understood the annotated portions of Figure
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`2 or quoted passages of Ciupke in the claim charts as teaching that the
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`plurality of light sources are “configured to have an output distribution with
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`a greater width component than height component.” The Petition does not
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`provide a detailed explanation of the significance of the quotations and
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`citations from Ciupke, and other than annotating Figure 2 of Ciupke,
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`Petitioner does not otherwise explain sufficiently how this limitation is met.
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`We are persuaded also by Patent Owner’s argument that the conclusory
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`statement of Petitioner’s declarant “that ‘the light sources are configured to
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`direct light into the optical conductor or light pipe 11, …, [a]ccordingly,
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`Ciupke discloses a plurality of light sources configured to generate light
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`having an output distribution defines by a greater width component than
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`height component”’ does not explain adequately how the this claim
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`limitation is met. Prelim. Resp. 21, citing Ex. 1004 ¶ 161.
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`Based on the current record, Petitioner has not demonstrated a
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`reasonable likelihood that it would prevail with respect to its contention that
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`claims 1, 3, 10, 16, 17, 25, 33, and 34 are anticipated by Ciupke.
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`D. Obvious Ground Based on Tai and Funamoto
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`Petitioner contends that claim 25 is obvious over Tai and Funamoto
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`under 35 U.S.C. § 103(a). Pet. 37–41. Petitioner cites the Declaration of Dr.
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`Escuti in support of the analysis advocated in the Petition. Ex. 1004. In
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`response to this asserted ground based in part on Tai, Patent Owner argues
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`that Petitioner fails to identify any disclosure in Funamoto directed to the
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`light “having an output distribution defined by a greater width component
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`than height component” element that is missing from Tai.
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`Having considered Petitioner’s arguments concerning the combination
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`of Tai with Funamoto, we are not persuaded that Petitioner has demonstrated
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`a reasonable likelihood that it would prevail in demonstrating obviousness of
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`the challenged claims. For the reasons provided above with regards to the
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`anticipation analysis of Tai, we determine that Petitioner has not
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`demonstrated sufficiently that Tai discloses a light having an output
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`distribution defined by a greater width component than height component.
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`Moreover, Petitioner does not rely on any disclosure within the secondary
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`reference of Funamoto to solve the noted deficiency of Tai.
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`Based on the foregoing analysis, we conclude that Petitioner has not
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`demonstrated a reasonable likelihood that it would prevail as to its further
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`contention that claim 25 would have been obvious over the combination of
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`Tai with Funamoto.
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`
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`E. 35 U.S.C. § 312(a)(2) and 35 U.S.C. § 315(b)
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`Patent Owner proffers arguments asserting that the Petition is time-
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`barred under 35 U.S.C. § 315(b) because the Petitioner failed to name two
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`other parties as real parties-in-interest, i.e. LG Electronics Inc., and LG
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`Electronics U.S.A., Inc. Prelim. Resp. 27–29.
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`Because the information presented in the Petition does not
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`demonstrate a reasonable likelihood that Petitioner would prevail with
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`respect to at least one of the challenged claims, we exercise our discretion
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`and do not address Patent Owner’s assertions that the Petition is time-barred
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`under 35 U.S.C. § 315(b) based on real party-in-interest.
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`III. SUMMARY
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`For the foregoing reasons, we conclude that Petitioner has not
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`demonstrated a reasonable likelihood that at least one challenged claim is
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`unpatentable based on the asserted grounds. We, therefore, do not institute
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`an inter partes review on any of the asserted grounds as to any of the
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`challenged claims.
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`IV. ORDER
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`In consideration of the foregoing, it is hereby:
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`ORDERED that an inter partes review as to claims 1, 3, 10, 16, 17,
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`25, 33, and 34 of the ’660 patent is DENIED.
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`PETITIONER:
`
`Robert G. Pluta
`Amanda K. Streff
`Baldine B. Paul
`Anita Y. Lam
`MAYER BROWN LLP
`rpluta@mayerbrown.com
`astreff@mayerbrown.com
`bpaul@mayerbrown.com
`alam@mayerbrown.com
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`
`
`PATENT OWNER:
`
`Justin B.
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