TELIT WIRELESS SOLUTIONS INC. &
`TELIT COMMUNICATIONS PLC
`v.
`M2M SOLUTIONS LLC
`Case IPR2016-00055
`U.S. Patent 8,648,717
`
`M2M Solutions’ Demonstratives
`for Oral Hearing
`
`Judge Kalyan K. Deshpande
`Judge Justin T. Arbes
`Judge Daniel J. Galligan
`
`December 5, 2016
`
`M2M Ex. 2013
`
`Telit v. M2M
`Case IPR2016-00055
`
`
`TELIT COMMUNICATIONS PLC
`v.
`M2M SOLUTIONS LLC
`Case IPR2016-00055
`U.S. Patent 8,648,717
`
`M2M Solutions’ Demonstratives
`for Oral Hearing
`
`Judge Kalyan K. Deshpande
`Judge Justin T. Arbes
`Judge Daniel J. Galligan
`
`December 5, 2016
`
`M2M Ex. 2013
`
`Telit v. M2M
`Case IPR2016-00055
`
`
`
`M2M’s Issued Claim 1
`
`1. A programmable communicator device comprising:
`[a] a programmable interface for establishing a communication link with at least one
`monitored technical device,
`[b] wherein the programmable interface is programmable by wireless packet
`switched data messages; and
`[c] a processing module for authenticating one or more wireless transmissions sent
`from a programming transmitter and received by the programmable communicator
`device by determining if at least one transmission contains a coded number;
`[d] wherein the programmable communicator device is configured to use a memory
`to store at least one telephone number or IP address included within at least one of
`the transmissions as one or more stored telephone numbers or IP addresses if the
`processing module authenticates the at least one of the transmissions including the
`at least one telephone number or IP address and the coded number by determining
`that the at least one of the transmissions includes the coded number,
`[e] the one or more stored telephone numbers or IP addresses being numbers to
`which the programmable communicator device is configured to and permitted to
`send outgoing wireless transmissions;
`[f] wherein the programmable communicator device is configured to use an identity
`module for storing a unique identifier that is unique to the programmable
`communicator device; and
`[g] wherein the one or more wireless transmissions from the programming
`transmitter comprises a General Packet Radio Service (GPRS) or other wireless packet
`switched data message; and
`[h] wherein the programmable communicator device is configured to process data
`received through the programmable interface from the at least one monitored
`technical device in response to programming instructions received in an incoming
`wireless packet switched data message.
`
`2
`
`Ex. 1001 col. 12-13
`
`
`
`Claim Construction
`
`•
`
`• Claim terms “are to be given their broadest reasonable interpretation
`consistent with the specification, and [that] … claim language should be read
`in light of the specification as it would be interpreted by one of ordinary skill
`in the art.” In re NTP Inc., 654 F.3d 1279, 1287 (Fed. Cir. 2011).
`“[T]he Board’s construction cannot be divorced from the specification and
`the record evidence’ … and ‘must be consistent with the one that those
`skilled in the art would reach.’” Microsoft Corp. v. Proxyconn, Inc., 789 F.3d
`1292, 1298 (Fed. Cir. 2015).
`• Patent’s prosecution history “is to be consulted even in determining a claim’s
`broadest reasonable interpretation.” Straight Path IP Group, Inc. v. Sipnet EU
`S.R.O., 806 F.3d 1356, 1362 (Fed. Cir. 2015) (rejecting Board’s claim
`construction where an alternative construction was “positively confirmed by
`the prosecution history”).
`• While “the broadest reasonable interpretation is broad, it does not give the
`Board an unfettered license to interpret the words in a claim without regard
`for the full claim language and the written description.” Trivascular, Inc. v.
`Samuels, 812 F.3d 1056, 1062 (Fed. Cir. 2016).
`• Moreover, the Board may not “construe claims during IPR so broadly that its
`constructions are unreasonable under general claim construction principles.”
`Proxyconn, 789 F.3d at 1298.
`
`PO Response at 3-4
`
`3
`
`
`
`Claim Construction – Single Transmission
`
`“the at least one of the
`transmissions including the
`at least one telephone
`number or IP address and
`the coded number”
`
`• The claim language itself requires at least one
`transmission with a telephone number or IP address
`and a coded number
`• The “including” language modifies “the at least one”
`not “transmissions”
`• Petitioners have previously construed this phrase to
`mean “single wireless transmission that includes both
`the coded number and the telephone number or IP
`address”
`PO Response at 5-7
`
`4
`
`
`
`Claim Construction – Single Transmission
`
`• The specification “consistently and exclusively”
`discloses embodiments in which authentication is
`performed on a “single transmission”
`• Any claim construction adopted by the Board will not
`be sustainable where it is unsupported by the
`preferred embodiments that are “consistently and
`exclusively depict[ed]” in the patent specification. In
`re Abbott Diabetes Care Inc., 696 F.3d 1142, 1150
`(Fed. Cir. 2012).
`
`PO Response at 4, 8-9
`
`5
`
`
`
`Claim Construction – Single Transmission
`
`6
`
`PO Response at 10;
`Ex. 1103 at 5
`
`
`
`Dr. Konchitsky’s Testimony
`Dr. Konchitsky’s Testimony
`
`12
`
`0. Okay. So when this says that you send a pin
`
`13 to the controller and memory unit, in other words, you
`
`14 take out your phone, you enter a pin code, and you send
`
`15 it as an SMS, right‘?
`
`16
`
`1?
`
`A. Right.
`
`Q. And when you want to enter a phone number, you
`
`13 type in your phone number into your phone and send it
`
`19 as an SMS. as well, right?
`
`20
`
`21
`
`A. That's correct.
`
`Q. The content of those messages — for example,
`
`22 the pin code or the phone number — doesn't depend on
`
`23 GSM protocol, does it?
`
`24
`
`25
`1
`
`A. That's correct.
`
`Q. There is nothing in GSM protocol to stop me
`from including both a pin code and a phone number,
`
`2 right?
`
`3
`
`4
`
`A. That's correct.
`
`Q. And there is nothing in GSM protocol that
`
`5 would make it difficult for the controller and memory
`
`6 unit to receive such an SMS that includes both those
`
`7 items and updating the phone book if the pin code is
`
`3 correct‘?
`
`7
`
`9
`
`A. Yeah, that's correct.
`
`Ex. 1121 at 163:12-
`Ex. 1121 at 163212-
`164,9
`164:9
`
`
`
`Claim Construction – Restrictive Outbound Calling List
`
`“numbers to which the
`programmable communicator
`device is configured to and
`permitted to send outgoing
`wireless transmissions”
`
`• The claim language itself requires that the
`programmable communicator can only transmit to
`numbers to which it is “configured to and permitted
`to” send outgoing transmissions
`• Petitioners have previously construed this phrase to
`require a restrictive outbound calling list
`
`8
`
`PO Response at 12-13
`
`
`
`Claim Construction – Restrictive Outbound Calling List
`
`• The specification
`teaches that
`“permitted,”
`when referring to
`calling lists, is
`restrictive in
`nature
`
`9
`
`PO Response at 14-15;
`Ex. 1001 at 9:61-67,
`10:5-12
`
`
`
`Claim Construction – Restrictive Outbound Calling List
`
`• The specification
`teaches the
`concept of
`restrictive calling
`lists
`
`10
`
`PO Response at 17-18;
`Ex. 1001 at 2:17-33
`
`
`
`Claim Construction – Examples of Restrictive Outbound
`Calling Lists in Specification
`
`11
`
`PO Response at 18; Ex.
`1001 at 5:47-62, 9:12-
`15, 10:13-37
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter
`
`Van Bergen
`
`12
`
`Ex. 1113 at 1
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter
`
`13
`
`PO Response at 21; Ex.
`1113 at 6:20-38
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(b))
`
`14
`
`PO Response at 22; Ex.
`1113 at Fig. 2
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(b))
`
`15
`
`PO Response at 22; Ex.
`2010 at 41
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(d))
`
`16
`
`PO Response at 28; Ex.
`1113 at 4:9-20
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(g))
`
`7
`
`PO Response at 37-38;
`Ex. 1113 at 8, 2-3
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(g))
`
`8
`
`Ex. 2010 at 25:8-20
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(g))
`
`9
`
`Ex. 1113 at 8:43-9:2;
`Ex. 2011 at 45:6-46:5
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(g))
`
`0
`
`Ex. 1113 at 2:25-28
`
`
`
`Ground 1 – Van Bergen in View of Bettstetter (1(h))
`
`1
`
`PO Response at 41-42;
`Ex. 1113 at 2-3
`
`
`
`Claims 5 and 12
`
`Claim 5: “A programmable communicator device
`Claim 5: “A programmable communicator device
`according to claim 1 further configured to request
`according to claim 1 further configured to request that
`that an at least one monitored technical device
`an at least one monitored technical device send data
`send data through the programmable interface for
`through the programmable interface for processing by
`processing by the programmable communicator
`the programmable communicator device in response
`device in response to programming instructions
`to programming instructions received in an incoming
`received in an incoming wireless packet switched
`wireless packet switched data message.”
`data message.”
`
`Claim 12: “A programmable communicator device
`according to claim 1 further configured to request
`that an at least one monitored technical device
`send data through the programmable interface for
`receipt by the programmable communicator device
`in response to programming instructions received
`in an incoming wireless packet switched data
`message.”
`
`22
`
`PO Response at 45-47
`
`
`
`Claims 8 and 10
`
`Claim 8: “A programmable communicator device
`Claim 5: “A programmable communicator device
`according to claim 6 further configured to
`according to claim 1 further configured to request that
`determine whether a data request initiated by the
`an at least one monitored technical device send data
`monitoring device includes a required access code
`through the programmable interface for processing by
`in response to programming instructions received
`the programmable communicator device in response
`in an incoming wireless packet switched data
`to programming instructions received in an incoming
`message.”
`wireless packet switched data message.”
`
`Claim 10: “A programmable communicator device
`according to claim 1 further configured to
`Claim 5: “A programmable communicator device
`determine whether the processed received data
`according to claim 1 further configured to request that
`indicates a change in status of the at least one
`an at least one monitored technical device send data
`monitored technical device that crosses a threshold
`through the programmable interface for processing by
`parameter, or that otherwise indicates an alarm
`the programmable communicator device in response
`condition in response to programming instructions
`to programming instructions received in an incoming
`received in an incoming wireless packet switched
`wireless packet switched data message.”
`data message.”
`
`23
`
`PO Response at 47-50
`
`
`
`Claims 13 and 15
`
`Claim 13: “A programmable communicator device
`Claim 5: “A programmable communicator device
`according to claim 1 further configured to transmit
`according to claim 1 further configured to request that
`the received data to an at least one monitoring
`an at least one monitored technical device send data
`device either periodically or in response to a data
`through the programmable interface for processing by
`request initiated by the monitoring device in
`the programmable communicator device in response
`response to programming instructions received in
`to programming instructions received in an incoming
`an incoming wireless packet switched data
`wireless packet switched data message.”
`message.”
`
`Claim 15: “A programmable communicator device
`Claim 5: “A programmable communicator device
`according to claim 1 configured to process an at
`according to claim 1 further configured to request that
`least one data monitoring or data collection
`an at least one monitored technical device send data
`request contained in an at least one transmission
`through the programmable interface for processing by
`received from an at least one monitoring device in
`the programmable communicator device in response
`response to programming instructions received in
`to programming instructions received in an incoming
`an incoming wireless packet switched data
`wireless packet switched data message.”
`message.”
`
`24
`
`PO Response at 50-52
`
`
`
`Claims 16 and 17
`
`Claim 16: “A programmable communicator device according to
`claim 1 further comprising a location processing module
`Claim 5: “A programmable communicator device according to claim 1
`configured to determine an at least one location of the
`further configured to request that an at least one monitored technical
`programmable communicator device, and wherein the
`device send data through the programmable interface for processing by
`programmable communicator device is configured to respond to
`the programmable communicator device in response to programming
`an at least one transmission initiated by an at least one monitoring
`instructions received in an incoming wireless packet switched data
`device requesting that said location data be sent to the monitoring
`message.”
`device in response to programming instructions received in an
`incoming wireless packet switched data message.”
`
`25
`
`PO Response at 52-54
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
