UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC. and MOTOROLA MOBILITY, LLC,
`
`
`
`Petitioners,
`
`
`
`v.
`
`
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`
`Patent Owner
`
`
`
`Case IPR2015-01175
`
`Patent 8,288,952 B2
`
`
`
`PATENT OWNER’S
`DEMONSTRATIVE EXHIBITS
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC. and MOTOROLA MOBILITY, LLC,
`
`
`
`Petitioners,
`
`
`
`v.
`
`
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`
`Patent Owner
`
`
`
`Case IPR2015-01175
`
`Patent 8,288,952 B2
`
`
`
`PATENT OWNER’S
`DEMONSTRATIVE EXHIBITS
`
`
`
`Patent Owner
`Global Touch Solutions, LLC
`Demonstratives
`
`IPR 2015-01175
`US Patent No. 8,288,952
`
`August 3, 2016
`
`1
`
`
`
`Instituted Grounds
`
`(cid:1) Ground 1: Claims 1-3, 16, 17, 19, 22-24, 26, 27, and
`38-40 obvious under 35 U.S.C. § 103(a) over U.S.
`Patent No. 5,898,290 ("Beard") (Ex. 1005) in view of
`U.S. Patent No. 5,955,869 ("Rathmann") (Ex. 1006);
`and
`
`(cid:1) Ground 2: Claims 4 and 14 obvious under 35 U.S.C. §
`103(a) over Beard in view of Rathmann and U.S.
`Patent No. 5,710,728 ("Danielson") (Ex. 1007).
`
`2
`
`
`
`'952 Patent: Overview
`
`Ex. 1001 at FIG. 1 (cited in Paper 14 at 4)
`
`Ex. 1001 at 7:12-31 (cited in Paper 14 at 4)
`
`Ex. 1001 at FIG. 2 (cited in Paper 14 at 17)
`
`3
`
`
`
`'952 Patent: Overview
`
`Ex. 1001 at 9:46-57 (cited in Paper 14 at 6)
`
`Ex. 1001 at FIG. 11 (cited in Paper 14 at 6)
`
`4
`
`
`
`'952 Patent: Claim 1
`
`‘S352 Patent: Claim 1
`
`1 . A method for implementing a user interface of a product,
`the product comprising a power source, or a connection for a
`power source and at least one_ said
`method including the step of using an electronic module
`comprising an electronic circuit including a microchip and a
`touch sensor forming part of the user interface, said micro-
`chip at least partially implementing the touch sensor func-
`tions and said method including the stepo_
`
`_ wherein the visible indication provides
`information to a user on at least one item from the following
`
`t
`*
`group:
`a state or condltlon of the product,
`location of the user interface,
`ower level indication.
`
`5
`
`
`
`'952 Patent: Claim 26
`
`6
`
`
`
`Construction of "Energy Consuming Load"
`
`(cid:1) Issue: Construction of "energy consuming
`load"
`(cid:1) Whether in light of the specification, an
`"energy consuming load" in claims 1
`and 26 "receives power from the power
`source under the control of the
`microchip" (Patent Owner's proposed construction)
`
`7
`
`
`
`Construction of "Energy Consuming Load"
`
`"claims 'must be read in view of the
`specification of which they are a part.'"
`
`Legal Standards
`
`Claim will be construed to require feature where
`the "very character of the invention" as
`disclosed in the specification requires this
`feature
`
`-Included in all embodiments of the
`specification
`-Distinguishes over prior art in
`specification
`
`Phillips v. AWH Corp., 415 F.3d
`1303, 1314 (Fed. Cir. 2005) (en
`banc)
`
`Alloc, Inc. v. USITC, 342 F.3d
`1361, 1369-1370 (Fed. Cir. 2003)
`
`Claim will require particular configuration where
`specification described importance of the
`configuration and discloses no other
`
`Toro Co. v. White Consol. Indus.,
`199 F.3d 1295, 1300–01
`(Fed.Cir.1999)
`
`Paper 14 at 11-12
`
`8
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in
`the specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Alloc, Inc. v. USITC, 342 F.3d 1361, 1369-1370 (Fed. Cir. 2003), cited in Paper 14 at 11-12
`
`Ex. 1001 ('952 Patent) at
`1:44-46 (cited in Ex. 2002
`at 14)
`
`Ex. 1001 at 7:23-26
`(cited in Ex. 2002 at 15)
`
`Ex. 1001 at FIG. 2
`(cited in Paper 14 at 17)
`
`9
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in
`the specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 2002 (Morley Dec)
`at 10-11
`
`10
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in
`the specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 1003 (Beard Dec) at 60
`(cited in Paper 14 at 3)
`
`11
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in
`the specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Paper 3 (Petition) at 5
`
`12
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in
`the specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Paper 8 (Institution Decision) at 3
`
`13
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Alloc, Inc. v. USITC, 342 F.3d 1361, 1369-1370 (Fed. Cir. 2003), cited in Paper 14 at 11-12
`
`Ex. 1001 ('952 Patent) at
`FIGs. 1-3,
`cited in Paper 14 at 19
`
`14
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 1001 at FIGs. 4-6,
`cited in Paper 14 at 19
`
`15
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 1001 at FIGs. 7-8B,
`cited in Paper 14 at 19
`
`16
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 1001 at FIGs. 9-11,
`cited in Paper 14 at 19
`
`17
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 1001 at FIGs. 12-15,
`cited in Paper 14 at 19
`
`18
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 1001 at FIGs. 16-17,
`cited in Paper 14 at 19
`
`19
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 2002 (Morley Dec) at 51
`
`20
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Alloc, Inc. v. USITC, 342 F.3d 1361, 1369-1370 (Fed. Cir. 2003), cited in Paper 14 at 11-12
`
`Ex. 1001 ('952 Patent) at
`3:32-43,
`cited in Paper 14 at 17
`
`Ex. 1001 at 7:23-30,
`cited in Paper 14 at 18
`
`21
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Ex. 1003 (Beard Dec) at 59-60,
`cited in Paper 14 at 3 and 17
`
`22
`
`
`
`Construction of "Energy Consuming Load"
`
`"receives power from the power source under the control of microchip"
`
`"very character of the invention" as disclosed in the
`specification requires this feature
`
`-Included in all embodiments of the
`specification
`
`-Distinguishes over prior art in
`specification
`
`Paper 3 (Petition) at 5
`
`23
`
`
`
`Beard in view of Rathmann: Claims 1 and 26
`"An Energy Consuming Load"
`
`Receives power from
`power source under
`control of microchip?
`
`24
`
`X X
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Paper 3 (Petition) at 28
`
`Paper 20 (Petitioners' Reply) at 11
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 1005 (Beard) at FIG. 11
`
`25
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 2002 (Morley Dec) at 52
`
`26
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 2001 (Beard Depo) at 164:5-7, 164:23-165:1, 166:25-
`167:2, 167:4-12, cited in Paper 14 at 33-35
`
`27
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 1005 (Beard) at FIG. 11
`
`28
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 2002 (Morley Dec) at 53 and 54
`
`29
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 1007 (Danielson) at 23:43-67 and FIG. 20,
`cited in Paper 14 at 37-38
`
`30
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 2001 (Beard Depo) at 175:5-18, cited in Paper 14 at 40
`
`31
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 1005 (Beard) at 12:4-13 and FIG. 11 (cited
`in Paper 14 at 41)
`
`32
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Energy Consuming Parts of Portable Electronic Device
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 2001 (Beard Depo) at 186:20-187:4 (cited in Paper 14 at 44)
`
`33
`
`
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Transceiver and Interface Circuitry in Battery Pack
`
`Receives power from
`power source under
`control of microchip?
`X
`
`Ex. 1032 (Beard Supp Dec) at 5
`
`Ex. 1005 (Beard) at FIG. 11 (as annotated in
`Paper 20 at 12)
`
`34
`
`
`
`Beard in view of Rathmann: Claims 1 and 26
`"An Energy Consuming Load"
`
`Petitioner Mapping to "Energy Consuming Load"
`
`Receives power from
`power source under
`control of microchip?
`
`35
`
`X X
`
`Paper 3 (Petition) at 28
`
`Paper 20 (Petitioner's Reply) at 11
`
`
`
`Beard in view of Rathmann: Claims 1 and 26
`"Touch Sensor Functions"/"Touch Sensing Functions"
`
`Patent Owner's Proposed Construction
`
`"Functions of the device that are activated or controlled in response to touch
`sensor inputs."
`
`Paper 14 at 20-24
`
`36
`
`
`
`Beard in view of Rathmann: Claims 1 and 26
`"Touch Sensor Functions"/"Touch Sensing Functions"
`
`Patent Owner's Proposed Construction
`
`"Functions of the device that are activated or controlled in response to touch
`sensor inputs."
`
`Ex. 1001 ('952 Patent) at
`8:40-47 and 10:26-35,
`cited in Paper 14 at 21-22
`
`37
`
`
`
`Beard in view of Rathmann: Claims 1 and 26
`"Touch Sensor Functions"/"Touch Sensing Functions"
`
`Ex. 1005 (Beard) at 10:37-59 (cited in Paper 14 at 46)
`
`38
`
`
`
`Beard in view of Rathmann: Claim 2
`"Activation of a Function or Mode… in Response to a
`Further Activation Signal(s)"
`
`Legal Standards
`
`Different claim elements are distinct
`components of patented invention
`
`Becton, Dickinson and Co. v. Tyco
`Healthcare Group, LP, 616 F.3d
`1249, 1254 (Fed. Cir. 2009)
`
`Different claim terms convey different meanings CAE Screenplates Inc.
`v. Heirich Fiedler GmbH & Co.
`KG, 224 F.3d 1308, 1317 (Fed.
`Cir. 2000)
`
`Paper 14 at 25
`
`39
`
`
`
`Beard in view of Rathmann: Claim 2
`"Activation of a Function or Mode… in Response to a
`Further Activation Signal(s)"
`
`Patent Owner's Proposed Construction
`
`"the selection and activation of a function or mode of the product other than the
`visible indication in response to a further activation signal(s) received from the
`user interface." Paper 14 at 24-26
`
`40
`
`
`
`Beard in view of Rathmann: Claim 2
`"Activation of a Function or Mode… in Response to a
`Further Activation Signal(s)"
`
`Patent Owner's Proposed Construction
`
`"the selection and activation of a function or mode of the product other than the
`visible indication in response to a further activation signal(s) received from the
`user interface." Paper 14 at 24-26
`
`Ex. 1001 ('952 Patent) at
`9:46-55 and 10:26-35,
`cited in Paper 14 at 25-26
`
`41
`
`
`
`Beard in view of Rathmann: Claim 2
`"Activation of a Function or Mode… in Response to a
`Further Activation Signal(s)"
`
`Patent Owner's Proposed Construction
`
`"the selection and activation of a function or mode of the product other than the
`visible indication in response to a further activation signal(s) received from the
`user interface." Paper 14 at 24-26
`
`Ex. 2002 (Morley Dec) at 58
`
`42
`
`
`
`Beard in view of Rathmann: Claims 3 and 24
`"Automatically Deactivating a Function…"
`
`Legal Standards
`
`Different claim terms convey different meanings Chicago Bd. Options Exch., Inc. v.
`Int'l Sec. Exch., LLC, 677 F.3d
`1361, 1371 (Fed. Cir. 2012)
`
`Claim language should not be rendered
`superfluous
`
`Digital-Vending Servs. Int'l, LLC v.
`Univ. of Phoenix, Inc., 672 F.3d
`1270, 1275 (Fed. Cir. 2012)
`
`Paper 14 at 27-29
`
`43
`
`
`
`Beard in view of Rathmann: Claims 3 and 24
`"Automatically Deactivating a Function…"
`
`Patent Owner's Proposed Construction
`
`"a function, different from activation of a visible indication, that was activated in
`response to an activation signal, different from an activation signal for activating
`the visible indication, received from the same user interface as the activation
`signal for activating the visible indication."
`
`Paper 14 at 27-29
`
`44
`
`
`
`Beard in view of Rathmann: Claims 3 and 24
`"Automatically Deactivating a Function…"
`
`Ex. 1005 (Beard) at 10:37-59 (cited in Paper 14 at 51)
`
`45
`
`
`
`Beard in view of Rathmann: Claim 19
`"Power Source is Enclosed in the Product Housing"
`
`Ex. 1001 at FIG. 12 (cited in Paper 14 at 40)
`
`46
`
`
`
`Beard in view of Rathmann: Claim 19
`"Power Source is Enclosed in the Product Housing"
`
`Ex. 1005 (Beard) 6:51-56, 12:19-22, 4:42-44, 5:65-46, and 9:15-
`16 (cited in Paper 14 at 53), and at FIG. 8 (cited in Paper 3 at 33)
`
`47
`
`
`
`Beard in view of Rathmann: Claim 22
`"Activating or Deactivating Product Functions…"
`
`Legal Standards
`
`Different claim terms convey different meanings Chicago Bd. Options Exch., Inc. v.
`Int'l Sec. Exch., LLC, 677 F.3d
`1361, 1371 (Fed. Cir. 2012)
`
`Claim language should not be rendered
`superfluous
`
`Digital-Vending Servs. Int'l, LLC v.
`Univ. of Phoenix, Inc., 672 F.3d
`1270, 1275 (Fed. Cir. 2012)
`
`Paper 14 at 27-29
`
`48
`
`
`
`Beard in view of Rathmann: Claim 22
`"Activating or Deactivating Product Functions…"
`
`Patent Owner's Proposed Construction
`
`"plural functions, different from activation and deactivation of a visible indication,
`that are activated in response to signals, different from an activation signal for
`activating the visible indication."
`
`Paper 14 at 29-20
`
`49
`
`
`
`Beard in view of Rathmann: Claim 22
`"Activating or Deactivating Product Functions…"
`
`Ex. 1005 (Beard) at 10:37-59 (cited in Paper 14 at 51)
`
`50
`
`
`
`END
`
`51
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the attached Patent Owner's
`
`Demonstrative Exhibits and this Certificate of Service are being served on July 29,
`
`2016 by electronic mail upon the following:
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`/Fadi N. Kiblawi/
`Fadi N. Kiblawi
`Registration No. 61,973
`
`
`3
`
`Robert Steinberg
`Matthew J. Moore
`Gabriel S. Gross
`Phillip E. Morton
`DeAnna Allen
`Joseph M. Drayton
`bob.steinberg@lw.com
`matthew.moore@lw.com
`gabe.gross@lw.com
`pmorton@cooley.com
`dallen@cooley.com
`jdrayton@cooley.com
`
`
`
`Date: July 29, 2016
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