Qurio Holdings, Inc.
`Robert Renke
`4011 WestChase Blvd, Suite 110
`Raleigh, NC 27607
`(919) 532-7665 (telephone)
`
`
`By:
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`QURIO HOLDINGS, INC.
`Patent Owner
`
`___________________
`
`Case IPR2015-01991
`Patent 7,787,904
`
`___________________
`
`PATENT OWNER PRELIMINARY RESPONSE
`PURSUANT TO 37 C.F.R. § 42.107
`
`
`
`

`
`IPR2015-01991
`U.S. Patent 7,787,904
`
`TABLE OF CONTENTS
`
`
`I.
`
`INTRODUCTION .......................................................................................... 1
`
`II.
`
`BACKGROUND OF THE ‘904 PATENT .................................................... 2
`
`III. A PERSON OF ORDINARY SKILL IN THE ART ..................................... 9
`
`IV. CLAIM CONSTRUCTION ........................................................................... 9
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`“WPAN” ............................................................................................. 11
`
`“mobile device” .................................................................................. 13
`
`“media device” ................................................................................... 13
`
`“media database” ................................................................................ 13
`
`“when the mobile device is within the WPAN associated with
`the media device” ............................................................................... 14
`
`“if the mobile device is simultaneously within the WPAN
`associated with a first one of the plurality of media devices and
`the WPAN associated with a second one of the plurality of
`media devices” ................................................................................... 15
`
`V.
`
`THE PETITION FAILS TO DEMONSTRATE A REASONABLE
`LIKELIHOOD THAT THE CHALLENGED CLAIMS ARE
`UNPATENTABLE ....................................................................................... 16
`
`A.
`
`Claims 1-3, 12, and 16-17 are not obvious in view of
`Lambourne and Elabbaby (Ground 1) ................................................ 16
`
`1.
`2.
`3.
`
`Summary of Lambourne .......................................................... 16
`Summary of Elabbaby .............................................................. 19
`There Is No Reasonable Likelihood That Claims 1-3, 12,
`and 16-17 Would Have Been Obvious Over the
`Combination of Lambourne and Elabbaby .............................. 21
`
`B.
`
`Claims 1-3, 12, and 16-17 are not obvious in view of Chen and
`Plastina2007 (Ground 2) .................................................................... 26
`
`1.
`2.
`3.
`
`Summary of Chen .................................................................... 27
`Summary of Plastina2007 ........................................................ 29
`There Is No Reasonable Likelihood That Claims 1-3, 12,
`and 16-17 Would Have Been Obvious Over the
`Combination of Chen and Plastina2007 .................................. 30
`
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`IPR2015-01991
`U.S. Patent 7,787,904
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`C.
`
`Claims 4 and 7 are not obvious in view of Lambourne,
`Elabbaby, and Meade (Ground 3A) or Chen, Plastina2007, and
`Meade (Ground 3B)............................................................................ 36
`
`1.
`2.
`
`3.
`
`Summary of Meade .................................................................. 36
`There Is No Reasonable Likelihood That Claims 4 and 7
`Would Have Been Obvious Over the Combination of
`Lambourne, Elabbaby, and Meade (Ground 3A) .................... 37
`There Is No Reasonable Likelihood That Claims 4 and 7
`Would Have Been Obvious Over the Combination of
`Chen, Plastina2007, and Meade (Ground 3B) ......................... 37
`
`D.
`
`Claims 5 and 8 are not obvious in view of Lambourne,
`Elabbaby, Meade, and Plastina2003 (Ground 4A) or Chen,
`Plastina2007, Meade, and Plastina2003 (Ground 4B) ....................... 37
`
`1.
`2.
`
`3.
`
`Summary of Plastina2003 ........................................................ 38
`There Is No Reasonable Likelihood That Claims 5 and 8
`Would Have Been Obvious Over the Combination of
`Lambourne, Elabbaby, Meade, and Plastina2003 (Ground
`4A) ............................................................................................ 38
`There Is No Reasonable Likelihood That Claims 5 and 8
`Would Have Been Obvious Over the Combination of
`Chen, Plastina2007, Meade, and Plastina2003 (Ground
`4B) ............................................................................................ 39
`
`E.
`
`Claim 9 is not obvious in view of Lambourne, Elabbaby,
`Meade, and Dwek (Ground 5A) or Chen, Plastina2007, Meade,
`and Dwek (Ground 5B) ...................................................................... 39
`
`1.
`2.
`
`3.
`
`Summary of Dwek ................................................................... 39
`There Is No Reasonable Likelihood That Claim 9 Would
`Have Been Obvious Over the Combination of
`Lambourne, Elabbaby, Meade, and Dwek (Ground 5A) ......... 40
`There Is No Reasonable Likelihood That Claim 9 Would
`Have Been Obvious Over the Combination of Chen,
`Plastina2007, Meade, and Dwek (Ground 5B) ........................ 40
`
`F.
`
`Claims 10 and 18 over Lambourne, Elabbaby, and Meade
`(Ground 6A) or Chen, Plastina2007, and Meade (Ground 6B) ......... 40
`
`1.
`
`There Is No Reasonable Likelihood That Claims 10 and
`18 Would Have Been Obvious Over the Combination of
`Lambourne, Elabbaby, and Meade (Ground 6A) .................... 41
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`IPR2015-01991
`U.S. Patent 7,787,904
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`2.
`
`There Is No Reasonable Likelihood That Claims 10 and
`18 Would Have Been Obvious Over the Combination of
`Chen, Plastina2007, and Meade (Ground 6B) ......................... 41
`
`G.
`
`Claims 10 and 18 over Lambourne, Elabbaby, and Melpignano
`(Ground 7A) or Chen, Plastina2007, and Melpignano (Ground
`7B) ...................................................................................................... 41
`
`1.
`2.
`
`3.
`
`Summary of Melpignano ......................................................... 42
`There Is No Reasonable Likelihood That Claims 10 and
`18 Would Have Been Obvious Over the Combination of
`Lambourne, Elabbaby, and Melpignano (Ground 7A) ............ 42
`There Is No Reasonable Likelihood That Claims 10 and
`18 Would Have Been Obvious Over the Combination of
`Chen, Plastina2007, and Melpignano (Ground 7B) ................. 42
`
`H.
`
`Claim 14 over Lambourne, Elabbaby, and Weinans (Ground
`8A) or Chen, Plastina2007, and Weinans (Ground 8B) ..................... 43
`
`1.
`2.
`
`3.
`
`Summary of Weinans ............................................................... 43
`There Is No Reasonable Likelihood That Claim 14
`Would Have Been Obvious Over the Combination of
`Lambourne, Elabbaby, and Weinans (Ground 8A) ................. 43
`There Is No Reasonable Likelihood That Claim 14
`Would Have Been Obvious Over the Combination of
`Chen, Plastina2007, and Weinans (Ground 8B) ...................... 44
`
`I.
`
`Claim 15 over Lambourne, Elabbaby, and Wilson (Ground 9A)
`or Chen, Plastina2007, and Wilson (Ground 9B) .............................. 44
`
`1.
`2.
`
`3.
`
`Summary of Wilson ................................................................. 44
`There Is No Reasonable Likelihood That Claim 15
`Would Have Been Obvious Over the Combination of
`Lambourne, Elabbaby, and Wilson (Ground 9A) .................... 45
`There Is No Reasonable Likelihood That Claim 15
`Would Have Been Obvious Over the Combination of
`Chen, Plastina2007, and Wilson (Ground 9B) ........................ 45
`
`VI. PETITIONER PRESENTS REDUNDANT GROUNDS ............................ 45
`
`A. Ground 1 Based On Lambourne and Elabbaby and Ground 2
`Based On Chen and Plastina2007 Are Horizontally Redundant
`Relative to Each Other ....................................................................... 46
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`IPR2015-01991
`U.S. Patent 7,787,904
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`B.
`
`C.
`
`Grounds 3A and 3B, 4A and 4B, 5A and 5B, 8A and 8B, and
`9A and 9B, are Horizontally Redundant within Each Pairing ........... 48
`
`Ground 6A, 6B, 7A, and 7B Are All Horizontally Redundant
`Relative to Each Other ....................................................................... 48
`
`VII. THE PETITION SHOULD BE DENIED FOR FAILURE TO
`IDENTIFY ALL REAL PARTIES IN INTEREST ..................................... 48
`
`VIII. CONCLUSION ............................................................................................. 50
`
`
`
`-v-
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`

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`IPR2015-01991
`U.S. Patent 7,787,904
`
`TABLE OF AUTHORITIES
`
`Cases
`Bicon Inc. v. Straumann Co., 441 F.3d 945 (Fed. Cir. 2006) ..................................10
`CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359. (Fed. Cir. 2002) ................10
`Endo Pharmaceutical, Inc. v. Depomed, Inc., IPR2014-00656 ..............................10
`In re Paulsen, 30 F.3d 1475 (Fed. Cir. 1994) ..........................................................10
`Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co., CBM2012-
`00003 ....................................................................................................................46
`Macronix Int’l v. Spansion LLC¸ IPR2014-00106 ..................................................10
`Merck & Co. v. Teva Pharms. USA, Inc., 395 F.3d 1364 (Fed. Cir. 2005) .............10
`Microsoft Corporation v. Depomed, Inc., IPR2014-00292 .....................................11
`Oracle Corp. v. Clouding IP, LLC, IPR2013-00088 ...............................................47
`Qurio Holdings, Inc. v. Comcast Cable Communications, LLC, 2-15-cv-03334
`(E.D. Pa) ...............................................................................................................49
`Stumbo v. Eastman Outdoors, Inc., 508 F.3d 1358 (Fed. Cir. 2007) ......................11
`Universal Remote Control, Inc. v. Universal Electronics, Inc., IPR2013-00152 ...10
`
`Statutes
`35 U.S.C. § 312(a)(2) ...............................................................................................49
`35 U.S.C. § 313 .......................................................................................................... 1
`35 U.S.C. § 315 ........................................................................................................49
`35 U.S.C. § 326(b) ...................................................................................................46
`35 U.S.C. § 314(a) ...................................................................................................16
`
`Other Authorities
`77 Fed. Reg. 48759 ..................................................................................................49
`
`Rules
`37 C.F.R. § 42.1(b) ..................................................................................................46
`37 C.F.R. § 42.107 ..................................................................................................... 1
`37 C.F.R. § 42.20(c) .................................................................................................46
`37 C.F.R. § 42.100(b) ................................................................................................ 9
`
`
`
`
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`IPR2015-01991
`U.S. Patent 7,787,904
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`TABLE OF EXHIBITS
`
`
`Existing Exhibits:
`
`Exhibit No.
`
`Description
`
`1001
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`U.S. Patent No. 7,787,904 B2 to Issa
`
`U.S. Patent No. 7,571,014 to Lambourne et al.
`
`U.S. Patent No. 7,483,958 to Elabbaby et al.
`
`U.S. Patent No. to 8,479,238 to Chen et al.
`
`U.S. Patent Application Publication No.
`2007/0048712 to Plastina et al.
`
`U.S. Patent Application Publication No.
`2003/0073412 to Meade
`
`U.S. Patent Application Publication No.
`2003/0182315 to Plastina et al.
`
`U.S. Patent Application Publication No.
`2001/0018858 to Dwek
`
`International Publication No. to WO 2004/008693 to
`Melpignano
`
`International Publication No. to WO 2002/056536 to
`Weinans
`
`U.S. Patent Application Publication No.
`2003/0033413 to Wilson
`
`
`
`
`
`
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`IPR2015-01991
`U.S. Patent 7,787,904
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`PATENT OWNER PRELIMINARY RESPONSE
`PURSUANT TO 37 C.F.R. § 42.107
`
`Qurio Holdings, Inc. (“Patent Owner”) respectfully submits this Preliminary
`
`Response in accordance with 35 U.S.C. § 313 and 37 C.F.R. § 42.107, in response
`
`to the Petition for Inter Partes Review (Paper 3) of U.S. Patent No. 7,787,904 (“the
`
`‘904 Patent”) filed by Unified Patents Inc. (“Petitioner”). Petitioner has requested
`
`review of claims 1-5, 7-10, 12, and 14-18 of the ‘904 Patent based on 16 different
`
`grounds. This Preliminary Response is timely, as it is being filed within three
`
`months of the mailing date of the Notice of Filing Date Accorded to Petition
`
`(Paper 5), mailed October 7, 2015.
`
`I.
`
`INTRODUCTION
`
`A trial should not be instituted in this matter because the references relied
`
`upon in the Petition do not give rise to a reasonable likelihood of the Petitioner
`
`prevailing with respect to the challenged claims of the ‘904 Patent.
`
`Moreover, the Petition should be denied for failure to identify all real parties
`
`in interest.
`
`Further, of the 16 different grounds raised by the Petitioner against the
`
`challenged claims, as many as 9 grounds should be dismissed as horizontally
`
`redundant should a trial be instituted based on one or more grounds.
`
`Should the Board decide to institute a trial, Patent Owner reserves the right
`
`to present additional arguments in the Patent Owner Response.
`
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`IPR2015-01991
`U.S. Patent 7,787,904
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`II. BACKGROUND OF THE ‘904 PATENT
`
`The ‘904 Patent is generally directed to controlling, via a mobile device,
`
`content played by media devices in a wireless personal area network (“WPAN”).
`
`More particularly, the ‘904 Patent provides a mobile device for controlling digital
`
`content played by a plurality of media devices. Ex. 1001 at 2:57-58.
`
`The media devices include media players and content that may be played by
`
`the media players. Id. at 3:4-6. Exemplary media devices include a personal
`
`computer, a digital video recorder associated with a television, an audio player
`
`such as a Moving Pictures Experts Group (MPEG) Audio Layer-3 (MP3) player, a
`
`digital picture frame, and the like. Id. at 3:26-31. The media device includes a
`
`wireless communication interface, a control system, and a content database. Id. at
`
`33-35. The wireless communication interface provides wireless communication
`
`via the WPAN between the media device and the mobile device and may operate
`
`according to a wireless communication standard such as, but not limited to, the
`
`Bluetooth wireless communication standard, the Zigbee wireless communication
`
`standard, the Wireless Fidelity (WiFi) wireless communication standard, or the
`
`IEEE 802.11 wireless communication standards. Id. at 3:35-47. The control
`
`system includes a media player that plays content in the content database and a
`
`WPAN media server that instructs the media player to play select content based on
`
`instructions for information received from the mobile device. Id. at 3:47-54, 3:59-
`
`-2-
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`IPR2015-01991
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`62. The content database may, for example, be any storage device such as, but not
`
`limited to, a hard drive or Random Access Memory (RAM) and operates to store
`
`content such as digital video files, digital audio files, digital images, slideshows of
`
`digital images, or the like. Id. at 3:54-57.
`
`Exemplary mobile devices include a mobile phone, Personal Digital
`
`Assistant (PDA), and the like, and a standalone device similar to a remote control.
`
`Id. at 4:4-6. The mobile device includes a wireless communication interface for
`
`communicating via the WPAN with the plurality of media devices and a control
`
`system. Id. at 4:7-9. The wireless communication interface may operate, for
`
`example, according to a wireless communication standard such as, but not limited
`
`to, the Bluetooth wireless communication standard, the Zigbee wireless
`
`communication standard, the Wireless Fidelity (WiFi) wireless communication
`
`standard, or the IEEE 802.11 wireless communication standards. The control
`
`system includes a media client and a media database. Id. at 4:21-22. The media
`
`client provides instructions or information to the media server in order to control
`
`the content played by the media player. Id. at 4:23-27. When the mobile device
`
`enters a WPAN, the media client interacts with the media server to obtain metadata
`
`describing the content in the content database. Id. at 4:27-30. The metadata is
`
`stored in the media database at the mobile device and may include information
`
`such as a file name, file type, and an identifier of the WPAN for each file in the
`
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`IPR2015-01991
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`content database. Id. at 4:30-33. A user associated with the mobile device may
`
`browse information from media database and select content to be played by the
`
`media player using the media database. Id. at 4:38-42. An exemplary media
`
`database is shown in FIG. 5 reproduced below.
`
`As can be appreciated from the above exemplary media database stored in
`
`the mobile device, multiple pieces of information can be associated with the same
`
`media content in the content database in an organized manner to form an organized
`
`
`
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`IPR2015-01991
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`collection of information describing the media content residing at the media device
`
`in the content database. Id. at 5:18-45.
`
`Petitioner challenges claims 1-5, 7-10, 12, and 14-18 of the ‘904 Patent, of
`
`which claims 1 and 16 are independent.
`
`Independent claim 1 recites a mobile device for controlling digital content
`
`played by a plurality of media devices comprising: a) a wireless communication
`
`interface for communicating with the plurality of media devices; b) a media
`
`database; and c) a control system adapted to, for each of the plurality of media
`
`devices: i) communicate with the media device when the mobile device is within a
`
`wireless personal area network (WPAN) associated with the media device to obtain
`
`information describing content residing at the media device; and ii) store the
`
`information describing the content residing at the media device in the media
`
`database; wherein desired content is selected from the content at the media device
`
`based on the information in the media database and played at the media device
`
`when the mobile device is within the WPAN associated with the media device.
`
`Claim 2, which depends from claim 1, further recites the control system is
`
`further adapted to select the desired content to play at the media device from the
`
`media database and instruct the media device to play the desired content when the
`
`mobile device is within the WPAN associated with the media device.
`
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`IPR2015-01991
`U.S. Patent 7,787,904
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`Claim 3, which depends from claim 2, further recites the control system is
`
`further adapted to interact with a user such that the user selects the desired content
`
`to play at the media device from the media database.
`
`Claim 4, which depends from claim 2, further recites the control system is
`
`further adapted to automatically select the desired content based on predetermined
`
`user preferences.
`
`Claim 5, which depends from claim 4, further recites the user preferences
`
`comprise a preference to play new content from the content stored at the media
`
`device.
`
`Claim 7, which depends from claim 4, further recites the user preferences
`
`comprise a predetermined play list for each of the plurality of media devices.
`
`Claim 8, which depends from claim 4, further recites the user preferences
`
`comprise a preferred genre of music.
`
`Claim 9, which depends from claim 2, further recites the control system is
`
`further adapted to randomly select the desired content.
`
`Claim 10, which depends from claim 2, further recites if the mobile device is
`
`simultaneously within the WPAN associated with a first one of the plurality of
`
`media devices and the WPAN associated with a second one of the plurality of
`
`media devices, the control system is further adapted to: select one of the first and
`
`second ones of the plurality of media devices as a select media device; and select
`
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`IPR2015-01991
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`desired content to play for only the select media device from the media database
`
`and instruct only the select media device to play the desired content.
`
`Claim 12, which depends from claim 2, further recites the mobile device is
`
`included within a system further comprising the plurality of media devices,
`
`wherein each of the plurality of media devices comprises: a) a wireless
`
`communication interface for communicating with the mobile device when the
`
`mobile device is within the WPAN associated with the media device; b) a content
`
`database storing the content; and c) a media server adapted to: i) provide the
`
`information describing the content in the content database to the mobile device
`
`when the mobile device is within the WPAN associated with the media device; and
`
`ii) instruct a media player to play the desired content in response to receiving an
`
`instruction to play the desired content from the mobile device.
`
`Claim 14, which depends from claim 1, further recites the control system is
`
`further adapted to communicate with the media device to perform a validation
`
`process after entering the WPAN associated with the media device for a first time,
`
`wherein the validation process comprises obtaining a passkey from a user
`
`associated with the mobile device and providing the passkey to the media device.
`
`Claim 15, which depends from claim 1, further recites the control system is
`
`further adapted to update the information describing the content from the media
`
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`IPR2015-01991
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`device after leaving the WPAN associated with the media device and returning to
`
`the WPAN associated with the media device.
`
`Independent claim 16 recites a method for controlling digital content played
`
`by a plurality of media devices comprising, for each of the plurality of media
`
`devices: obtaining information describing content residing at the media device
`
`when a mobile device is within a wireless personal area network (WPAN)
`
`associated with the media device; storing the information describing the content
`
`residing at the media device in a media database of the mobile device; selecting
`
`desired content to play from the content residing at the media device based on the
`
`media database when the mobile device is within the WPAN associated with the
`
`media device; and playing the desired content at the media device.
`
`Claim 17, which depends from claim 16, further recites selecting the desired
`
`content to play comprises: selecting the desired content from the media database at
`
`the mobile device; and providing an instruction from the mobile device to the
`
`media device instructing the media device to play the desired content when the
`
`mobile device is within the WPAN associated with the media device.
`
`Claim 18, which depends from claim 17, further recites if the mobile device
`
`is simultaneously within the WPAN associated with a first one of the plurality of
`
`media devices and the WPAN associated with a second one of the plurality of
`
`media devices, the method further comprises: selecting one of the first and second
`
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`ones of the plurality of media devices as a select media device; selecting the
`
`desired content to play for only the select media device from the media database;
`
`and instructing only the select media device to play the desired content.
`
`III. A PERSON OF ORDINARY SKILL IN THE ART
`
`Petitioner alleges that a person having ordinary skill in the art (“PHOSITA”)
`
`would have “a master’s degree in computer science or electrical engineering, or a
`
`bachelor’s degree in computer science or electrical engineering and at least 2 years
`
`of industry experience.” Paper 1 at 4.
`
`For purposes of this paper, Patent Owner submits that a person having
`
`ordinary skill in the art of the invention would have a bachelor’s degree in
`
`computer science and/or electrical engineering and at least two years of relevant
`
`wireless communications experience.
`
`Patent Owner reserves its rights to present evidence and arguments in this
`
`proceeding or any other proceeding as to an alternative definition as to the level of
`
`ordinary skill in the field.
`
`IV. CLAIM CONSTRUCTION
`
`In an inter partes review, a claim of an unexpired patent is construed using
`
`the “broadest reasonable construction in light of the specification.” 37 C.F.R.
`
`§42.100(b); Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,766 (Aug.
`
`14, 2012). Under the BRI standard, “[t]here is a ‘heavy presumption’ that a claim
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`term carries its ordinary and customary meaning.” Universal Remote Control, Inc.
`
`v. Universal Electronics, Inc., IPR2013-00152 (Paper 8, Aug. 19, 2013) (quoting
`
`CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366. (Fed. Cir. 2002)). A
`
`“claim term will not receive its ordinary meaning, however, if the patentee acted as
`
`his own lexicographer and clearly set forth a definition of the disputed claim term
`
`in either the specification or prosecution history.” Macronix Int’l v. Spansion
`
`LLC¸ IPR2014-00106 (Paper 13 at 6, Apr. 24, 2014) (quoting CCS Fitness, Inc. v.
`
`Brunswick Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002). However, “[a]ny special
`
`definitions for claim terms must be set forth with reasonable clarity, deliberateness,
`
`and precision.” Endo Pharmaceutical, Inc. v. Depomed, Inc., IPR2014-00656
`
`(Paper 12 at 6, September 29, 2014) (citing In re Paulsen, 30 F.3d 1475, 1480
`
`(Fed. Cir. 1994)).
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`Moreover, claims are to be construed “with an eye toward giving effect to all
`
`terms in the claim.” Endo Pharmaceutical, IPR2014-00656, Paper 12 at 8 (quoting
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`Bicon Inc. v. Straumann Co., 441 F.3d 945, 950 (Fed. Cir. 2006)); see also Merck
`
`& Co. v. Teva Pharms, USA, Inc., 395 F.3d 1364, 1372 (Fed. Cir. 2005) (“A claim
`
`construction that gives meaning to all the terms of the claim is preferred over one
`
`that does not do so.”)). Claims should therefore be construed so as not to render
`
`limitations redundant or superfluous. See Endo Pharmaceutical, IPR2014-00656,
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`Paper 12 at 8 (citing Stumbo v. Eastman Outdoors, Inc., 508 F.3d 1358, 1362 (Fed.
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`Cir. 2007)); see also Microsoft Corporation v. Depomed, Inc., IPR2014-00292
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`(Paper 33 at 11-12, October 14, 2014).
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`Should a trial be instituted, the Patent Owner proposes that the Board adopt
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`the following constructions for the following terms in accordance with the claim
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`construction standard applicable to inter partes review proceedings. Patent Owner
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`proposes all other terms be construed in accordance with their plain and ordinary
`
`meaning.
`
`A.
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`“WPAN”
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`Each of claims 1 and 11-20 recites the term “WPAN” (wireless personal
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`area network). Petitioner does not provide a proposed construction for “WPAN.”
`
`The ‘904 Patent describes “[t]he wireless communication interface 22 [of the
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`media devices 16 and 18] may operate according to a wireless communication
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`standard such as, but not limited to, the Bluetooth wireless communication
`
`standard, the Zigbee wireless communication standard, or the wireless fidelity
`
`(WiFi) wireless communication standard, or the IEEE 802.11 wireless
`
`communication standards.” Ex. 1001 at 3:41-47. The ‘904 Patent also describes
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`“[t]he wireless communication interface 32 [of the mobile device 20] may operate
`
`according to a wireless communication standard such as, but not limited to, the
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`Bluetooth wireless communication standard, the Zigbee wireless communication
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`standard, or the wireless fidelity (WiFi) wireless communication standard, or the
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`IEEE 802.11 wireless communication standards.” Id. at 4:15-20. The ‘904 Patent
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`also describes, for example, “[m]ore specifically, the first time the mobile device
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`20 enters the WPAN 12, the mobile device 20 communicates with the media
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`device 16 to obtain metadata defining the content stored at the media device 16 and
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`then stores the metadata.” Id. at 3:8-12. Accordingly, the ‘904 Patent defines the
`
`term “WPAN” as a network capable of multiple communication standards and was
`
`not intended to be limited to just the 802.15 Standard or to any other such narrower
`
`extrinsic definitions. For example, the ‘904 Patent includes communication
`
`standards such as “wireless fidelity (Wi-Fi) wireless communication standard, or
`
`the IEEE 802.11 wireless communication standards,” both of which are outside the
`
`802.15 Standard. Id. at 3:44-47, 4:19-20. The ‘904 Patent therefore defines the
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`WPAN to provide communication between the communication interfaces of the
`
`mobile device and media device. The ‘904 Patent also describes, “[w]hen the
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`mobile device enters a Wireless Personal Area Network (WPAN) associated with a
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`media device, the media client communicates with the media device to…,” which
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`requires some commonality of location. Id. at 1:33-35. Thus, Patent Owner
`
`proposes the broadest reasonable construction in light of the specification for the
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`term “WPAN” is “a network defined by, and co-located with, a wireless
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`communication interface.”
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`B.
`
` “mobile device”
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`Each of claims 1-20 recites the term “mobile device.” Petitioner does not
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`provide a proposed construction for this term. Patent Owner proposes that “mobile
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`device” be construed in accordance with its plain and ordinary meaning. To the
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`extent the Board believes the plain and ordinary meaning will not suffice, Patent
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`Owner proposes the broadest reasonable construction is “a device designed to be
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`carried in normal use.”
`
`C.
`
` “media device”
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`Each of claims 1-3, 5-7, and 10-20 recites the term “media device.”
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`Petitioner does not provide a proposed construction for “media device.” Each of
`
`Figs. 1, 2, 4, and 6-9 of the ‘904 Patent show the media devices 16 and 18 each as
`
`a single device that stores and plays resident media. The ‘904 Patent also
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`describes, “the media devices 16 and 18 include media players and content that
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`may be played by the media players.” Ex. 1001 at 3:4-6. Patent Owner proposes
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`that the broadest reasonable construction of “media device” consistent with the
`
`specification of the ‘904 Patent is therefore “a device capable of playing resident
`
`content.”
`
`D.
`
` “media database”
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`Each of claims 1-3, 10, 13, 16-18 and 20 recites the term “media database.”
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`Petitioner provides a proposed construction for “media database” of “a collection
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`of logically related data describing media stored together.” Patent Owner submits
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`that the broadest reasonable construction of the term “media database” consistent
`
`with the specification of the ‘904 Patent is “an organized collection of information
`
`describing media content residing at the media device.” This construction is
`
`supported by the specification of the ‘904 Patent. For example, the ‘904 Patent
`
`describes:
`
`As discussed below in more detail, when the mobile device 20 enters
`
`one of the WPANs 12, 14, the media client 36 interacts with the
`
`media server 30 to obtain metadata describing the content in the
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`content database 26. The metadata is stored in the media database 38
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`and may include information such as a file name, file type, and an
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`identifier of the WPANs 12, 14 for each file in the content database
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`26. Ex. 1001 at 4:27-33.
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`FIG. 5 of the 904 patent also illustrates an exemplary media database.
`
`E.
`
`“when the mobile device is within the WPAN associated with the
`media device”
`
`Each of claims 1, 2, 12, 13, 16, 17, and 20 recites the term “when the mobile
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`device is within the WPAN associated with the media device.” Petitioner proposes
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`this term be construed as “when the mobile device is positioned to allow
`
`communication between the mobile device and the media device via the wireless
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`communication interface of the mobile device.” Paper 1 at 7. Petitioner attempts
`
`to import additional requirements that the mobile device is “positioned to allow
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`communication.” The term “position” is not used anywhere in the ‘904 Patent and
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`implies a requirement of orientation of the mobile