UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MERCEDES-BENZ USA, LLC,
`Petitioner
`
`v.
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner
`
`Patent No. 7,434,974
`
`Issue Date: October 14, 2008
`
`Title: LIGHT EMITTING PANEL ASSEMBLIES
`
`PETITION FOR INTERPARTESREVIEW
`OF U.S. PATENT NO. 7,434,974
`PURSUANT TO 35 U.S.C. § 312 and 37 C.F.R. § 42.104
`Case No. IPR2015-01115
`
`

`

`I.
`
`TABLE OF CONTENTS
`
`MANDATORY NOTICES .............................................................................1
`A.
`Real Parties-In-Interest (37 C.F.R. § 42.8(b)(1)) ..................................1
`B.
`Related Matters (37 C.F.R. § 42.8(b)(2)) ..............................................1
`C.
`Counsel & Service Information (37 C.F.R. §§ 42.8(b)(3)-(4))..............3
`PAYMENT OF FEES (37 C.F.R. § 42.103)....................................................4
`II.
`III. REQUIREMENTS FOR INTER PARTES REVIEW (37 C.F.R. §42.104) ......4
`A.
`Grounds for Standing (37 C.F.R. § 42.104(a))......................................4
`B.
`Identification of Challenge (37 C.F.R. § 42.104(b)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1)) .....................................................5
`SUMMARY OF THE ’974 PATENT .............................................................5
`IV.
`CLAIM CONSTRUCTION ............................................................................8
`V.
`VI. GROUNDS FOR UNPATENTABILITY OF ’974 PATENT CLAIMS........9
`A.
`Ground 1: Claims 7, 8, 9, and 13 Are Anticipated Under § 102(b) by
`Niizuma .................................................................................................9
`1.
`Niizuma anticipates claim 7......................................................10
`2.
`Niizuma anticipates claim 8......................................................17
`3.
`Niizuma anticipates claim 9......................................................18
`4.
`Niizuma anticipates claim 13....................................................18
`Ground 2: Claims 1, 3, 4, and 5 Are Obvious under § 103 in view of
`Niizuma ...............................................................................................30
`1.
`Claim 1 is obvious in view of Niizuma ....................................30
`2.
`Dependent claim 3 is obvious in view of Niizuma...................33
`3.
`Dependent Claim 4 is obvious in view of Niizuma..................34
`4.
`Dependent Claim 5 is obvious in view of Niizuma..................34
`Ground 3: Claims 7, 8, and 9 Are Anticipated under § 102 by Kisou38
`1.
`Kisou anticipates claim 7 ..........................................................39
`2.
`Kisou anticipates claim 8 ..........................................................45
`3.
`Kisou anticipates claim 9 ..........................................................45
`i
`
`B.
`
`C.
`
`

`

`D.
`
`Ground 4: Claims 1, 3, 4, 5, and 13 Are Obvious under § 103 in view
`of Kisou ...............................................................................................51
`1.
`Claim 1 is obvious in view of Kisou.........................................51
`2.
`Claim 3 is obvious in view of Kisou.........................................53
`3.
`Claim 4 is obvious in view of Kisou.........................................54
`4.
`Claim 5 is obvious in view of Kisou.........................................54
`5.
`Claim 13 is obvious in view of Kisou.......................................55
`VII. CONCLUSION..............................................................................................60
`
`ii
`
`

`

`LISTING OF EXHIBITS
`
`Exhibit 1001
`
`U.S. Patent No. 7,434,974 to Jeffery R. Parker
`
`Exhibit 1002
`
`Exhibit 1003
`
`Japanese Published Patent Application JP H5-45651(U)
`to Niizuma – Certified English Translation and Japanese
`Original (“Niizuma”)
`
`Japanese Unexamined Patent Application Publication JP
`H7-064078A to Kisou et al. – Certified English
`Translation and Japanese Original (“Kisou”)
`
`Exhibit 1004
`
`Declaration of Thomas L. Credelle (“Credelle Decl.”)
`
`iii
`
`

`

`Pursuant to 35 U.S.C. §§ 311–319 and 37 C.F.R. Part 42, Mercedes-Benz USA,
`
`LLC (“Petitioner”) respectfully requests inter partes review of claims 1, 3, 4, 5, 7, 8, 9,
`
`and 13 of U.S. Patent No. 7,434,974 (“the ’974 patent”). According to U.S. Patent
`
`and Trademark Office records, the ’974 patent is currently assigned to Innovative
`
`Display Technologies LLC (“IDT” or the “Patent Owner”).
`
`I.
`
`MANDATORY NOTICES
`A.
`Real Parties-In-Interest (37 C.F.R. § 42.8(b)(1))
`Pursuant to 37 C.F.R. § 42.8(b)(1), Petitioner provides notice that real parties-
`
`in-interest include Petitioner, Mercedes-Benz U.S. International, Inc. (“MBUSI”),
`
`Daimler North America Corp. (“DNAC”), and Daimler AG (“DAG”).
`
`Related Matters (37 C.F.R. § 42.8(b)(2))
`B.
`Pursuant to 37 C.F.R. § 42.8(b)(2), Petitioner provides notice that the
`
`’974 patent is the subject of a patent infringement lawsuit brought by the Patent
`
`Owner, against Petitioner in the United States District Court for the Eastern District
`
`of Texas: Innovative Display Technologies LLC v. Mercedes-Benz U.S. International, Inc. and
`
`Mercedes-Benz USA, LLC, Case No. 2:14-cv-535 (“-535 Litigation”), presently
`
`consolidated in Lead Case No. 2:14-cv-201. Petitioner and MBUSI were named as
`
`defendants in the -535 Litigation and were served with a Summons and Complaint in
`
`that action on April 28, 2014 and April 30, 2014, respectively. Neither DNAC nor
`
`DAG have been named as a party in litigation concerning the ’974 patent.
`
`The ’974 patent has also been asserted in the actions listed in the chart below.
`
`1
`
`

`

`Case
`
`IDT v. Acer Inc. et al.
`
`IDT v. Dell Inc.
`
`IDT v. Hewlett-Packard Corporation
`
`IDT v. Huawei Investment & Holding Co.
`
`IDT v. Blackberry Ltd.
`
`IDT v. ZTE Corp.
`
`IDT v. Microsoft Corp.
`
`IDT v. Nokia Corp.
`
`Delaware Display Group LLC (“DDG”) and IDT v.
`Amazon.com
`
`DDG and IDT v. HTC Corp.
`
`DDG and IDT v. Lenovo Group Ltd., et al.
`
`DDG and IDT v. LG Electronics Inc., et al.
`
`DDG and IDT v. Pantech Co.,Ltd, et al.
`
`DDG and IDT v. Sony Corporation et al.
`
`DDG and IDT v. Vizio, Inc.
`
`IDT v. Apple, Inc.
`
`IDT v. BMW of North America, LLC, et. al.
`
`IDT v. Canon USA, Inc.
`
`IDT v. Garmin Int’l, Inc.
`
`IDT v. MiTAC Digital Corp.
`
`IDT v. Nikon, Inc.
`
`2
`
`Docket Number
`2:13-cv-00522, E.D. Tex.
`
`2:13-cv-00523, E.D. Tex.
`
`2:13-cv-00524, E.D. Tex.
`
`2:13-cv-00525, E.D. Tex.
`
`2:13-cv-00526, E.D. Tex.
`
`2:13-cv-00527, E.D. Tex.
`
`2:13-cv-00783, E.D. Tex.
`
`2:13-cv-00784, E.D. Tex.
`
`1:13-cv-02106, D. Del.
`
`1:13-cv-02107, D. Del.
`
`1:13-cv-02108, D. Del.
`
`1:13-cv-02109, D. Del.
`
`1:13-cv-02110, D. Del.
`
`1:13-cv-02111, D. Del.
`
`1:13-cv-02112, D. Del.
`
`2:14-cv-00030, E.D. Tex.
`
`2:14-cv-00106, E.D. Tex.
`
`2:14-cv-00142, E.D. Tex.
`
`2:14-cv-00143, E.D. Tex.
`
`2:14-cv-00144, E.D. Tex.
`
`2:14-cv-00145, E.D. Tex.
`
`

`

`Case
`IDT v. TomTom North America Inc.
`
`IDT v. Toyota Motor Corporation, et. al.
`
`IDT v. Hyundai Motor Group, et. al.
`
`IDT v. Nissan Motor, Co., Ltd., et. al.
`
`IDT v. Volkswagen AG
`
`IDT v. Apple, Inc.
`
`IDT v. Google Inc.
`
`IDT v. Best Buy Co.
`
`IDT v. Mazda Motor Corporation, et. al.
`
`IDT v. AT&T Inc., et. al.
`
`IDT v. Sprint Corporation, et. al.
`
`IDT v. Verizon Communications Inc.
`
`IDT v. T-Mobile U.S., Inc.
`
`IDT v. Ford Motor Co.
`
`IDT v. General Motors LLC
`
`Docket Number
`2:14-cv-00146, E.D. Tex.
`
`2:14-cv-00200, E.D. Tex.
`
`2:14-cv-00201, E.D. Tex.
`
`2:14-cv-00202, E.D. Tex.
`
`2:14-cv-00300, E.D. Tex.
`
`2:14-cv-00301, E.D. Tex.
`
`2:14-cv-00302, E.D. Tex.
`
`2:14-cv-00532, E.D. Tex.
`
`2:14-cv-00624, E.D. Tex.
`
`2:14-cv-00720, E.D. Tex.
`
`2:14-cv-00721, E.D. Tex.
`
`2:14-cv-00722, E.D. Tex.
`
`2:14-cv-00723, E.D. Tex.
`
`1:14-cv-00849, D. Del.
`
`1:14-cv-00850, D. Del.
`
`In addition, the ’974 patent is the subject of the following IPRs: IPR2014-
`
`01092; IPR2015-00368; IPR2015-00497; IPR2015-00755; IPR2015-00831; and
`
`IPR2015-00832.
`
`Counsel & Service Information (37 C.F.R. §§ 42.8(b)(3)-(4))
`C.
`Lead Counsel
`Back-Up Counsel
`Jonathan R. DeFosse (pro hac vice to be
`Scott W. Doyle (Reg. No. 39176)
`
`3
`
`

`

`Fried, Frank, Harris, Shriver & Jacobson
`LLP
`801 17th Street, N.W.
`Washington, DC 20006
`(202) 639-7326 (telephone)
`(202) 639-7003 (facsimile)
`scott.doyle@friedfrank.com
`
`requested) 1
`Fried, Frank, Harris, Shriver &
`Jacobson LLP
`801 17th Street, N.W.
`Washington, DC 20006
`(202) 639-7277 (telephone)
`(202) 639-7003 (facsimile)
`jonathan.defosse@friedfrank.com
`
`II.
`
`PAYMENT OF FEES (37 C.F.R. § 42.103)
`The USPTO is authorized to charge the filing fee for this Petition, as well as
`
`any other fees that may be required in connection with this Petition or these
`
`proceedings on behalf of Petitioner, to the deposit account of Fried, Frank, Harris,
`
`Shriver & Jacobson LLP, Deposit Account No. 060920.
`
`III. REQUIREMENTS FORINTERPARTESREVIEW (37 C.F.R. §42.104)
`A.
`Grounds for Standing (37 C.F.R. § 42.104(a))
`
`Pursuant to 37 C.F.R. § 42.104(a), Petitioner certifies that the ’974 patent
`
`(Ex. 1001) is available for inter partes review and that Petitioner is not barred or
`
`1 Petitioner requests authorization to file a motion for Mr. DeFosse to appear pro hac
`vice as backup counsel. Mr. DeFosse is an experienced litigation attorney in patent
`cases. He is admitted to practice in Virginia and Washington, D.C., as well as before
`several United States District Courts and Courts of Appeal. Mr. DeFosse is familiar
`with the issues raised in this Petition because he represents Petitioner in the -535
`Litigation.
`
`4
`
`

`

`estopped from requesting an inter partes review challenging the claims on the grounds
`
`identified in this petition.
`
`B.
`
`Identification of Challenge (37 C.F.R. § 42.104(b)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1))
`
`Pursuant to 37 C.F.R. §§ 42.22(a)(1) and 42.104(b), Petitioner respectfully
`
`requests that inter partes review be instituted and claims 1, 3, 4, 5, 7, 8, 9, and 13 of the
`
`’974 patent be cancelled on the following grounds of unpatentability:
`
`Ground
`1
`
`Claims
`7, 8, 9, 13
`
`Basis for Challenge
`Anticipated under 35 U.S.C. § 102(b) by Japanese Published
`Patent Application JP H5-45651(U) to Niizuma, published on
`June 18, 1993 (“Niizuma”)
`
`2
`
`3
`
`4
`
`1, 3, 4, 5
`
`Obvious under 35 U.S.C. § 103(a) over Niizuma
`
`7, 8, 9
`
`1, 3, 4, 5,
`13
`
`Anticipated under 35 U.S.C. § 102(a) by Japanese
`Unexamined Patent Application Publication JP H7-064078A
`to Kisou et al., published on March 10, 1995 (“Kisou”)
`
`Obvious under 35 U.S.C. § 103(a) over Kisou
`
`The above-listed grounds of unpatentability are explained in detail in
`
`Section VI, below. The invalidity arguments set forth in this petition are unique and
`
`not duplicative of prior IPR petitions against the ’974 patent. This Petition is
`
`supported by the Declaration of Thomas L. Credelle (“Credelle Decl.”) (Ex. 1004).
`
`IV.
`
`SUMMARY OF THE ’974 PATENT
`The ’974 patent, entitled “Light Emitting Panel Assemblies,” issued on
`
`October 14, 2008 from an application filed on July 20, 2006. The ’974 patent claims
`
`5
`
`

`

`priority to an application filed on June 27, 1995. According to the specification, the
`
`’974 patent is directed to “light emitting panel assemblies each including a transparent
`
`panel member for efficiently conducting light, and controlling the light conducted by
`
`the panel member to be emitted from one or more light output areas along the length
`
`thereof.” (Ex. 1001at 1:18-22.) In particular, the ’974 patent teaches “several
`
`different light emitting panel assembly configurations which provide for better control
`
`of the light output from the panel assemblies and for more efficient utilization of
`
`light, which results in greater light output from the panel assemblies.” (Id. at 1:24-28.)
`
`Generally speaking, the light emitting panel assembly is designed to generate
`
`and direct rays of light in a manner to best illuminate a display, e.g., a liquid crystal
`
`display (“LCD”). (Credelle Decl. at ¶ 26.) Typical design considerations include
`
`producing light with sufficient uniformity and brightness, while minimizing the
`
`assembly’s profile thickness and electrical power consumption. (Id.)
`
`The challenged claims of the ’974 patent recite a “light emitting panel
`
`member.” The specification uses several alternative labels for the light emitting panel,
`
`e.g., “transparent panel member” (Ex. 1001 at 1:19-20.), “light emitting panel
`
`member” (Id. at 1:33-34.), and “transparent light emitting panel.” (Id. at 2:66.) The
`
`’974 patent positions the light source in a light transition area that transmits light from
`
`the light source to the output region of the light emitting panel. The specification
`
`states that such transition areas are “well known in the art.” (Ex. 1001 at 2:63-65.)
`
`Spatial homogenization and manipulation of the light output distribution is achieved
`
`6
`
`

`

`in the light emitting panel through the use of internal reflective surfaces and surface
`
`deformities. These surfaces reflect and refract the light rays in a manner to optimize
`
`the direction of travel and ultimately cause the light rays to be emitted from the light
`
`emitting surface of the light emitting panel. (Id. at ¶ 27.)
`
`The ’974 patent has four independent claims (1, 7, 13 and 17). Claim 7, as
`
`recited below, is representative of the core elements of the challenged claims. Claim 7
`
`has eight elements:
`
`7[c]
`
`7[d]
`
`7[a] A light emitting panel assembly comprising at least:
`7[b]
`a light emitting panel member having a light entrance surface and
`a light emitting surface,
`at least one LED light source positioned near or against the light
`entrance surface, and
`a tray or housing having a cavity or recess in which the panel
`member is entirely received,
`7[e] wherein the panel member has a pattern of light extracting
`deformities on or in at least one surface to cause light to be
`emitted from the light emitting surface of the panel member, and
`the tray or housing includes end walls and side walls that act as
`end edge reflectors and side edge reflectors for the panel member
`to reflect light that would otherwise exit the panel member
`through an end edge and/or side edge back into the panel
`member and toward the pattern of light extracting deformities for
`causing additional light to be emitted from the light emitting
`surface of the panel member,
`
`7[f]
`
`7
`
`

`

`7[h]
`
`7[g] wherein the tray or housing has posts, tabs or other structural
`features that provide a mount or structural support for at least
`one other part or component, and
`the tray or housing provides structural support to the panel
`member.
`Independent claims 1 and 13 of the ’974 patent also recite elements [a] –
`[f], and elements that are similar to elements [g] and [h].
`V.
`CLAIM CONSTRUCTION
`The ’974 Patent expires on June 27, 2015. Ordinarily, in an inter partes review
`
`proceeding, “[a] claim in an unexpired patent shall be given its broadest reasonable
`
`construction [‘BRI’] in light of the specification of the patent in which it appears.” 37
`
`C.F.R. § 42.100(b). Where the patent will expire before the issuance of a final written
`
`decision, however, the claims are given their ordinary and customary meaning as
`
`understood by one of ordinary skill in the art at the time of the invention, consistent
`
`with the standard expressed in Phillips v. AWH Corp., 415 F.3d 1303, 1312-13 (Fed.
`
`Cir. 2005) (en banc). See Square v. Cooper, IPR2014-00157, Paper 17 at 2 (citing In re
`
`Rambus, Inc., 694 F.3d 42, 46 (Fed. Cir. 2012)).
`
`Petitioner seeks construction of one term – “deformities” – which is recited in
`
`all of the challenged claims.2 Petitioner proposes that “deformities” be construed to
`
`2 As part of the -535 Litigation, Petitioner also has asserted that the terms
`
`“positioned near” and “positioning a film near,” are indefinite under 35 U.S.C. § 112,
`
`paragraph 2. Patent Owner has argued that these terms have a plain and ordinary
`
`8
`
`

`

`mean “change[s] in the shape or geometry of the panel surface and/or coating or
`
`surface treatment that causes a portion of the light to be emitted,” as defined in the
`
`specification of the ’974 patent. (Ex. 1001 at 4:36-40.)
`
`VI. GROUNDS FOR UNPATENTABILITY OF ’974 PATENT CLAIMS
`A.
`Ground 1: Claims 7, 8, 9, and 13 Are Anticipated Under § 102(b) by
`Niizuma
`Niizuma qualifies as prior art under 35 U.S.C. § 102(b) because Niizuma was
`
`published on June 18, 1993, more than one year before the June 27, 1995 priority date
`
`to which the ’974 patent may be entitled. Niizuma was not cited or considered during
`
`prosecution of the application that led to the ’974 patent. Niizuma has not been
`
`presented to Board in connection with any pending IPR petition challenging the ’974
`
`patent.
`
`Niizuma seeks to provide uniform light output from a backlight unit to a liquid
`
`crystal display (“LCD”). (Ex. 1002 ¶ 5.) The liquid crystal display device of Niizuma
`
`includes a holder (5) and frame (8) that house a light conductor (4), light diffusing film
`
`meaning and do not require construction. Because Petitioner cannot raise
`
`indefiniteness challenges as part of an inter partes review proceeding, Petitioner
`
`requests, for the purposes of this proceeding only, that Patent Owner’s positions with
`
`respect to “positioned near” and “positioning a film near” be adopted.
`
`9
`
`

`

`(3), color filter (2), and an LCD (1). (Ex. 1002 ¶¶ 17, 18.) LED lamps (6) are
`
`arranged next to light conductor (4) and connected to printed circuit board (7), which
`
`is secured to holder (5) and frame (8) via latching pieces (8b, 8b, …). (Ex. 1002 ¶¶ 14,
`
`18.) Niizuma discloses each and every limitation of claims 7, 8, 9, and 13.
`
`Niizuma anticipates claim 7
`1.
`As discussed above, claim 7 has eight elements (elements [a] – [h]). Niizuma
`
`expressly discloses each of these elements.
`
`The first element of claim 7 (element 7[a]) requires a “light emitting panel
`
`assembly.” In anticipation of this element, Niizuma discloses “a liquid crystal display
`
`device,” which is depicted in Fig. 1:
`
`(Ex. 1002 ¶ 1, Fig. 1; Credelle Decl. at ¶ 42.) This liquid crystal display device is used
`
`“in all types of electronic equipment, and is particularly related to the illumination
`
`structure within liquid crystal display devices.” (Ex. 1002 ¶ 1.)
`
`The second element of claim 7 (element 7[b]) requires that the assembly
`
`comprise “a light emitting panel member having a light entrance surface and a light
`
`10
`
`

`

`emitting surface.” In anticipation of this element, Fig. 1 of Niizuma (above) shows
`
`light conductor (4), which is a light emitting panel member. As shown in Fig. 3
`
`(below), light enters and “is guided into the light conductor (4) from the grooves (4a,
`
`4a) at both ends of the light conductor (4)” and is “reflected out towards the LCD
`
`(1)” from the top surface of light conductor (4). (Ex. 1002 ¶ 19). The grooves (4a,
`
`4a) are a light entrance surface and top surface of light conductor (4) is a light
`
`emitting surface. (Credelle Decl. at ¶ 43.) These surfaces are depicted in Fig. 3:
`
`The third element of claim 7 (element 7[c]) requires “at least one LED light
`
`source positioned near or against the light entrance surface.” In anticipation of this
`
`element, Figs. 1 and 3 of Niizuma (above) disclose “multiple lamps (6, 6) …
`
`comprising of, for example, LEDs” that are positioned near light guide 4 against
`
`grooves (4a, 4a). (Ex. 1002 ¶ 14.) These LED light sources “are fixed in position so
`
`that the clearance interval between them is equal to that between the grooves (5b, 5b,
`
`…) on the holder (5) and the grooves (4a, 4a, …) on the light conductor (4).” (Ex.
`
`1002 ¶ 14; Credelle Decl. at ¶ 44.)
`
`11
`
`

`

`The fourth element of claim 7 (element 7[d]) requires “a tray or housing
`
`having a cavity or recess in which
`
`the panel member is entirely
`
`received.” In anticipation of this
`
`element, Niizuma discloses a
`
`housing comprised of “frame 8”
`
`and “holder 5,” that has a “recess
`
`(locking part) (5a)” in which “light
`
`conductor (4) is fixed in place by being inserted and locked into this recess (5a).” (Ex.
`
`1002 ¶¶ 12, 15, and 18, Figs. 1, 3; Credelle Decl. at ¶ 45.) As can be seen in the
`
`highlighted version of Figure 1, above, (where frame (8) and holder (5) are highlighted
`
`in yellow and light conductor (4), diffusing film (3), color filter (2), and LCD (1) are
`
`highlighted in blue), Niizuma discloses that upon attaching to printed circuit board
`
`(7), frame (8) is “fitted to the outer perimeter of the holder (5)” and together they
`
`encapsulate light conductor (4), diffusing film (3), color filter (2), and LCD (1).
`
`(Ex.
`
`1002 ¶ 18.)
`
`Together, frame (8) and holder (5) receive and protect light conductor (4),
`
`diffusing film (3), color filter (2), and LCD (1): “once the frame (8) is attached, it is
`
`fine to push the front of the LCD (1) against the inside of front of the frame (8) so
`
`that the holder (5) and the LCD (1) etc. do not rattle.” (Ex. 1002 ¶ 18.) Thus, as is
`
`12
`
`

`

`further depicted in Fig. 3, Niizuma discloses a housing (highlighted in yellow) that
`
`forms a cavity in which the panel member (highlighted in green) is entirely received:
`
`(See also Credelle Decl. at ¶ 46.)
`
`The fifth element of claim 7 (element 7[e]) requires that the panel have “a
`
`pattern of light extracting deformities on or in at least one surface to cause light to be
`
`emitted from the light emitting surface of the panel member.” In anticipation of this
`
`element, Niizuma discloses that “finely serrated or ridged grooves cover the entirety
`
`of the back surface (4c) of the light conductor (4)” that cause light that enters light
`
`conductor (4) to “reflect[] out towards the LCD (1).” (Ex. 1002 ¶¶ 11, 19, Fig. 3.)
`
`These finely serrated or ridged grooves are changes in the shape or geometry of light
`
`conductor (4)’s surface that causes a portion of the light to be emitted from light
`
`conductor (4). (Credelle Decl. at ¶ 47.)
`
`The sixth element of claim 7 (element 7[f]) requires that “the tray or housing
`
`includes end walls and side walls that act as end edge reflectors and side edge
`
`reflectors for the panel member to reflect light that would otherwise exit the panel
`
`13
`
`

`

`member through an end edge and/or side edge back into the panel member and
`
`toward the pattern of light extracting deformities for causing additional light to be
`
`emitted from the light emitting surface of the panel member.” Niizuma also discloses
`
`this element. The walls of holder (5) are “formed from a white compound resin” that
`
`enables holder (5) “to reflect light leaked from the light conductor (4) to the holder
`
`(5) back into the light conductor (4), making it possible to reduce the attenuation of
`
`light emitted from the lamps (6, 6, …) and to efficiently illuminate the LCD (1).” (Ex.
`
`1002 ¶ 20.) The end walls and side walls act as end edge reflectors and side edge
`
`reflectors that reflect light back into the panel member towards the finely serrated or
`
`ridged grooves to cause the light to emitted from the top surface of light conductor
`
`(4). (Credelle Decl. at ¶ 48.)
`
`The seventh element of claim 7 (element 7[g]) requires that “the tray or
`
`housing has posts, tabs or other structural features that provide a mount or structural
`
`support for at least one other part or component.” This element is also disclosed by
`
`Niizuma. In particular, Niizuma discloses a housing comprising frame (8) and holder
`
`(5) that is mounted to “printed circuit board (7) by the insertion of its latching pieces
`
`(8b, 8b, …) through the latching holes (7b, 7b, …) on the printed circuit board (7)
`
`and the bending of its latching pieces (8b, 8b, …) at the back of the printed circuit
`
`board (7).” (Ex. 1002 ¶ 18.) As can be seen in the highlighted version of Figure 1
`
`below (where frame 8 and holder 5 are highlighted in yellow and printed circuit board
`
`7 is highlighted in purple), “multiple latching pieces (8b, 8b, …) that fit into the
`
`14
`
`

`

`latching holes (7b, 7b, …) on the printed circuit board (7) described above, protrude
`
`from the perimeter of the back of the frame (8).”
`
`The latching pieces (8b) are posts, tabs, or other structural features that
`
`provide a mount for mounting the housing, comprising frame (8) and holder (5), and
`
`its encapsulated components to printed circuit board (7). (Credelle Decl. at ¶¶ 49-50.)
`
`Moreover, as can be seen in the highlighted version of Figure 3 below (where
`
`frame (8) and holder (5) are highlighted in yellow, light conductor (4) is highlighted in
`
`green, and LCD (1) is highlighted in brown), “both end parts of the LCD (1) are
`
`locked by the extruding pieces (5f, 5f, …) of the holder (5), as shown in Figure 3, and
`
`its movement in the direction of both ends (to the left and right of the diagram) is
`
`controlled.” (Ex.
`
`1002 ¶ 17.)
`
`Extruding pieces
`
`15
`
`

`

`(locking parts) (5f) ensure that LCD (1), as well as light conductor (4), is securely held
`
`in holder (5). Extruding pieces (locking parts) (5f) are posts, tabs, or other structural
`
`features that provide a mount or structural support for at least one other component,
`
`LCD (1). (Credelle Decl. at ¶ 51.)
`
`The eighth element of claim 7 (element 7[h]) requires that “the tray or
`
`housing provides structural support to the panel member.” This element is also
`
`expressly disclosed by Niizuma. In particular, Niizuma states that holder (5) is shaped
`
`to hold and lock light conductor (4) and LCD (1) in place:
`
`Furthermore, on the rear face 5b of holder 5 are formed a pair of
`inclined portions 5e, 5e that are bent towards the interior of holder 5
`and have a radius of curvature identical to that of the pair of inclined
`faces 4d, 4d of light guide 4, so that when lightguide4isfittedinto
`recess5aofholder5, the rear face 4c of light guide 4 and the rear face
`5b of holder 5 become flush overall.
`
`(Ex. 1002 ¶ 13.) As can be seen in the highlighted version of Fig. 3 below (where
`
`frame (8) and holder (5) are highlighted in yellow and light conductor (4) is
`
`highlighted in green), holder (5) provides structures, a pair of sloped parts (5e, 5e),
`
`that support light conductor (4). The curvature angle of sloped parts (5e, 5e)
`
`matches the curvature angle of sloped surfaces (4d, 4d) of light conductor (4),
`
`allowing holder (5) to support light guide (4) directly without any intermediary
`
`structure. (Id.; Credelle Decl. at ¶¶ 52-53.)
`
`16
`
`

`

`As also can be seen in highlighted Figure 3 above, extruding pieces (locking
`
`parts) (5f) provide structural support to light conductor (4), preventing its dislocation
`
`from the liquid crystal display device. (Credelle Decl. at ¶ 54.) Extruding pieces
`
`(locking parts) (5f) hold light conductor (4) and LCD (1) into place, thereby “ensuring
`
`that there will be no change in the relative positions of both ends of the LCD (1) and
`
`the light conductor (4). . . even when subjected to external shocks.” (Ex. 1002 ¶ 17.)
`
`Further, frame (8), which “fit[s] to the outer perimeter of the holder (5),”
`
`utilizes an “opening (8a) somewhat smaller than the abovementioned LCD (1) [that] is
`
`formed on its front,” thereby ensuring that light conductor (4) (as well as diffusing
`
`film (3), color filter (2), and LCD (1)) is supported and does “not rattle.” (Ex. 1002 ¶¶
`
`15 and 18; Credelle Decl. at ¶ 55.) Therefore, Niizuma discloses that its housing,
`
`holder (5) and tray (8), provides structural support to the panel member, light
`
`conductor (4).
`
`Niizuma anticipates claim 8
`2.
`Claim 8 depends from independent claim 7 and additionally requires that the
`
`tray or housing have structural features that provide a mount or structural support for
`
`17
`
`

`

`“a liquid crystal display” (element 8). As explained above with respect to element
`
`7[g], extruding pieces (locking parts) (5f) are posts, tabs, or other structural features
`
`that provide a mount or structural support for LCD (1). Figure 3 (above) shows that
`
`extruding pieces (locking parts) (5f) lock LCD (1) into place above light conductor (4).
`
`Niizuma discloses a housing with structural features that mount and provide structural
`
`support to a liquid crystal display. (Credelle Decl. at ¶ 58.)
`
`Niizuma anticipates claim 9
`3.
`Claim 9 depends from independent claim 7 and additionally requires that the
`
`tray or housing have structural features that provide a mount or structural support for
`
`“a printed circuit” (element 9). As explained above with respect to element 7[g],
`
`Niizuma discloses a housing comprising frame (8) and holder (5) that is mounted to
`
`“printed circuit board (7) by the insertion of its latching pieces (8b, 8b, …) through
`
`the latching holes (7b, 7b, …) on the printed circuit board (7) and the bending of its
`
`latching pieces (8b, 8b, …) at the back of the printed circuit board (7).” (Ex. 1002 ¶
`
`18.) The latching pieces 8b are posts, tabs, or other structural features that provide a
`
`mount for mounting frame 8, holder 5, and their encapsulated components to printed
`
`circuit board 7. Niizuma thus discloses a housing with structural features that mount
`
`and provide structural support to a printed circuit. (Credelle Decl. at ¶ 61.)
`
`Niizuma anticipates claim 13
`4.
`The first six elements of claim 13 of the ’974 patent are identical to the first six
`
`elements of claim 7. Accordingly, Niizuma discloses elements [a] through [f] of
`
`18
`
`

`

`independent claim 13 for the same reasons set forth above in regard to independent
`
`claim 7.
`
`The seventh element of claim 13 (element 13[g]) requires “an additional
`
`component overlaying the panel member.” Niizuma discloses this element. As
`
`discussed above, the components encapsulated by frame (8) and holder (5) include a
`
`liquid crystal display (LCD (1)), which overlays color filter (2), top of diffusing film
`
`(3), and the panel member – light conductor (4). (Ex. 1002 ¶¶ 10, 11.) As can be seen
`
`in the highlighted version of Figure 3, below (where frame (8) and holder (5) are
`
`highlighted in yellow, light conductor (4) is highlighted in green, and light diffusing
`
`film (3) is highlighted in red), the light diffusing film, color filter, and LCD are each
`
`additional components that overlay the light conductor 4. (Credelle Decl. at ¶ 65.)
`
`The eighth element of claim 13 (element 13[h]) requires “the panel member
`
`having at least one of a tab, hole, cavity, or protrusion that positions the tray or
`
`housing relative to the panel member.” This element is disclosed by Niizuma.
`
`Specifically, Niizuma states that light conductor (4) has a pair of sloped surfaces (4d,
`
`19
`
`

`

`4d) “set into the back surface (4c) of the light conductor (4) curved and sloping from
`
`both ends towards the middle where the light conductor (4) is the thinnest.” (Ex.
`
`1002 ¶ 11.) As can be seen in the highlighted version of Fig. 3 below (where frame (8)
`
`and holder (5) are highlighted in yellow and light conductor (4) is highlighted in
`
`green), sloped surfaces (4d, 4d) creates two curved protrusions on the bottom surface
`
`of light conductor (4).
`
`(See also Ex. 1002 ¶ 13.) The protrusion of the panel member of Niizuma matches the
`
`protrusion of the housing of Niizuma and is used to position the panel member
`
`relative to the housing. (Credelle Decl. at ¶ 66.)
`
`Furthermore, Niizuma discloses V-shaped notch (4b) set between U-shaped
`
`grooves (4a, 4a) of light conductor (4), which complement V-shaped notch (5d) set
`
`between U-shaped grooves (5c, 5c) of holder (5). (Ex. 1002 ¶¶ 11, 12.) As can be
`
`seen in the highlighted version of Figure 1 below (where frame (8) and holder (5) are
`
`highlighted in yellow and light conductor 4 is highlighted in green), V-shaped notch
`
`(4b) is a tab or protrusion and U-shaped grooves (4a) are holes that position holder
`
`20
`
`

`

`(5) relative to light conductor (4). These structures ensure that as light conductor (4)
`
`is fixed in place, holder (5) and light conductor (4) are correctly aligned. (Ex. 1002
`
`¶12; Credelle Decl. at ¶ 67.)
`
`The following chart provides detailed identification of where each element of
`
`challenged claims 7, 8, 9, and 13 is found in Niizuma.
`
`Claim Element
`7[a] 7. A light
`emitting panel
`assembly
`comprising at least
`
`Niizuma Disclosure
`“The invention is related to a
`liquidcrystaldisplaydevicefor
`use in all types of electronic
`equipment, and is particularly
`relatedtotheillumination
`structurewithinliquidcrystal
`displaydevices.” (Ex. 1002 ¶ 1,
`Fig. 1.)
`
`7[b] a light
`emitting panel
`member having a
`light entrance
`surface and a light
`
`“With the abovementioned liquid crystal display device (10), the
`light emitted from the lamps (6, 6, …) is guided into thelight
`conductor(4)fromthegrooves(4a,4a)atbothendsofthe
`lightconductor(4)and undergoes diffuse reflection due to the
`notch (4b) set into the light conductor (4) and other sides, and
`then is reflectedouttowardstheLCD(1)via the serrated or
`
`21
`
`

`

`Claim Element
`emitting surface,
`
`Niizuma Disclosure
`ridged grooves (not shown) formed on the back surface (4c) of
`the light conductor (4).” ( Ex. 1002 ¶ 19, see also Fig. 3 and Fig. 1
`(above).)
`
`7[c] at least one
`LED light source
`positioned near or
`against the light
`entrance surface,
`
`7[d] and a tray or
`housing having a
`cavity or recess in
`which the panel
`member is ent