IPR2016-00418
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`PATENT NO. 8,155,342
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
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`TOYOTA MOTOR CORPORATION
`Petitioner
`v.
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`BLITZSAFE TEXAS, LLC
`Patent Owner
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`
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`Patent No. 8,155,342
`Issue Date: April 10, 2012
`Title: MULTIMEDIA DEVICE INTEGRATION SYSTEM
`__________________________________________________________________
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`BLITZSAFE TEXAS, LLC’S MOTION FOR OBSERVATIONS ON CROSS
`EXAMINATION OF TOYOTA’S REPLY WITNESS DR. MATHESON
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`Case No. IPR2016-00418
`________________________________________________________________
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`PATENT NO. 8,155,342
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
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`TOYOTA MOTOR CORPORATION
`Petitioner
`v.
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`BLITZSAFE TEXAS, LLC
`Patent Owner
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`
`
`Patent No. 8,155,342
`Issue Date: April 10, 2012
`Title: MULTIMEDIA DEVICE INTEGRATION SYSTEM
`__________________________________________________________________
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`BLITZSAFE TEXAS, LLC’S MOTION FOR OBSERVATIONS ON CROSS
`EXAMINATION OF TOYOTA’S REPLY WITNESS DR. MATHESON
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`Case No. IPR2016-00418
`________________________________________________________________
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`EXHIBIT LIST
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`Exhibit #
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`Exhibit Name
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`2001
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`2002
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`2003
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`2004
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`2005
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`2006
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`2007
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`2008
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`2009
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`2010
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`2011
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`2012
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`Declaration of Richard Stern, Ph.D.
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`Curriculum Vitae of Dr. Richard Stern, Ph.D.
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`U.S. Patent Application No. 11/071,667 Publication
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`Declaration of Ira Marlowe
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`Exhibit M1 to Declaration of Ira Marlowe
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`Exhibit M2 to Declaration of Ira Marlowe
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`Exhibit M3 to Declaration of Ira Marlowe
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`Exhibit M4 to Declaration of Ira Marlowe
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`Exhibit M5 to Declaration of Ira Marlowe
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`Exhibit M6 to Declaration of Ira Marlowe
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`Exhibit M7 to Declaration of Ira Marlowe
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`U.S. Patent Application No. 11/071,667 (File History
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`application)
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`2013
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`1/16/17 Deposition Transcript of Dr. Thomas G. Matheson,
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`Ph.D.
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`I. INTRODUCTION
`Pursuant to the Scheduling Order (Paper No. 14) and the Stipulation to
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`Adjust Schedule (Paper No. 26), Patent Owner Blitzsafe Texas, LLC (“Patent
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`Owner”) respectfully submits observations on the January 16, 2017 cross-
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`examination of Petitioner Toyota Motor Corporation’s (“Petitioner”) reply witness,
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`Thomas G. Matheson, Ph.D.
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`II. OBSERVATIONS ON CROSS-EXAMINATION OF THOMAS G.
`MATHESON, PH.D.
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`Exhibit 2013 is a copy of the cross-examination transcript of Dr. Thomas G.
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`Matheson, Ph.D. Exhibits 1002, 1003, 1009, 1016, 1023, and 1027 were
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`referenced during the cross examination of Dr. Matheson on his Declaration
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`(Exhibit 1027) filed in support of Petitioner’s Reply.
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`A. Observations Relevant to The Failure of Clayton to Disclose The
`“Audio Generated By The Portable Device” Limitation
`Observation #A.1.
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`In Exhibit 2013 , on page 18, line 13, through page 20, line 20, and on page
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`24, lines 5 through 15, Dr. Matheson referred to Exhibit 1002 and testified that
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`“content,” according to Clayton, can include MP3 files, video files, and textual
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`play lists, each of which can be either encoded or unencoded. He further testified
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`that the situation where a cellular telephone is sending an encoded MP3 file and an
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`unencoded textual playlist is consistent with the disclosure of “encoded and
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`unencoded” in paragraph 55 of Clayton. This testimony is relevant to Paper No.
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`24, Section II.a, Pages 3-4, and Exhibit 1027 at ¶¶ 3-5, because it contradicts and
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`undermines the credibility of his opinions regarding whether “unencoded is
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`synonymous with decoded” (Ex. 1027 at ¶5) and whether “a person having
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`ordinary skill in the art would understand that the portable device must necessarily
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`decode the MP3 file.” (Paper No. 24 at 4.)
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`Observation #A.2.
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`In Exhibit 2013 , on page 38, line 6, through page 39, line 2; page 41, lines
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`5-10; and page 43, line 19, through page 44, line 4, Dr. Matheson referred to
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`Exhibit 1002 and first testified that his understanding of the Clayton reference was
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`that “target device” of Clayton is “something that can transmit audio” but then
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`agreed that he was mistaken and that the car audio system is a “target device” and
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`that it receives audio. This testimony is relevant to Paper No. 24, Section II.a,
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`Pages 3-4, and Exhibit 1027 at ¶¶ 3-5, because it contradicts and undermines the
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`credibility of his opinions regarding the bases for his interpretation of the Clayton
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`reference. (Paper No. 24 at 4.)
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`Observation #A.3.
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`In Exhibit 2013 , on page 53, lines 4 through 9, Dr. Matheson admitted that
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`the cellular telephone of Clayton does not necessarily include an MP3 player. This
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`testimony is relevant to Paper No. 24, Section II.a, Pages 3-4, and Exhibit 1027 at
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`¶¶ 3-5, because it contradicts and undermines the credibility of his opinions
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`regarding whether “unencoded is synonymous with decoded” (Ex. 1027 at ¶5) and
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`whether “a person having ordinary skill in the art would understand that the
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`portable device must necessarily decode the MP3 file.” (Paper No. 24 at 4).
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`Observation #A.4.
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`In Exhibit 2013 , on page 66, lines 17 through 21, Dr. Matheson referred to
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`Exhibit 1023, the A2DP 1.0 specification, and admitted that if the portable device
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`is aware that an MP3 codec is present in the sink device (“SNK”), then an MP3 file
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`may be transmitted by the portable device without transcoding the MP3 file into
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`SBC. This testimony is relevant to Paper No. 24, Section II.a, Pages 3-4, and
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`Exhibit 1027 at ¶¶ 3-5, because it contradicts and undermines the credibility of his
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`support for the statement that “a person having ordinary skill in the art would
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`understand that the portable device must necessarily decode the MP3 file.” (Paper
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`No. 24 at 4).
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`Observation #A.5.
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`In Exhibit 2013 , on page 68, line 6, through page 70, line 7, and on page 72,
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`lines 5 through 25, Dr. Matheson referred to Exhibit 1003, the “Clayton
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`Provisional,” and admitted that well known codec decoders such as “MP3” would
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`be used in Bluetooth transmissions. Dr. Matheson further admitted that, “in the
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`context of A2DP, if you had an MP3 file and the ability to transfer that MP3 file
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`without transcoding it, you would probably do that.” This testimony is relevant to
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`Paper No. 24, Section II.a, Pages 3-4, and Exhibit 1027 at ¶¶ 3-5, because it
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`contradicts and undermines the credibility of his support for the statement that “a
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`person having ordinary skill in the art would understand that the portable device
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`must necessarily decode the MP3 file.” (Paper No. 24 at 4).
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`Observation #A.6.
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`In Exhibit 2013 , on page 68, line 6, through page 70, line 7, and on page 72,
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`lines 5 through 25, Dr. Matheson referred to Exhibit 1003, the “Clayton
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`Provisional,” and admitted that well known codec decoders such as “MP3” would
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`be used in Bluetooth transmissions. Dr. Matheson further admitted that, “in the
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`context of A2DP, if you had an MP3 file and the ability to transfer that MP3 file
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`without transcoding it, you would probably do that.” This testimony is relevant to
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`Paper No. 24, Section II.a, Pages 3-4, and Exhibit 1027 at ¶¶ 3-6, because it
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`contradicts and undermines the credibility of his support for the statement that “a
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`person having ordinary skill in the art would understand that the portable device
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`must necessarily decode the MP3 file.” (Paper No. 24 at 4).
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`B. Observations Relevant to the ’667 Application’s Support of The
`Claims of the ’342 Patent
`Observation #B.1.
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`In Exhibit 2013 , on page 95, line 25, through page 97, line 3, Dr. Matheson
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`referred to Exhibit 1009, the ’667 Application, and admitted that the application
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`supports generating audio on the portable device. This testimony is relevant to
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`Paper No. 24, Section III, Pages 8-16, and Exhibit 1027 at ¶¶ 10-12, because it
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`contradicts and undermines the credibility of his statement that the ’667
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`Application does not support the claimed “audio generated by the portable device”
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`limitation.
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`C. Observations Relevant To The Lack Of Support Of The Clayton
`Provisional Application
`Observation #C.1.
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`In Exhibit 2013, on page 113, line 8, through page 116, line 9, when
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`referring to Exhibits 1027 and 1016, Dr. Matheson admitted that certain portions
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`of the Clayton Provisional disclose an MP3 codec for purposes of wireless
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`transmission. This testimony is relevant to Paper No. 24, Sections II and III
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`Pages 2-16, and Exhibit 1027 at ¶¶ 3-7 and 10-12, because it contradicts and
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`undermines the credibility of his statement that either Clayton or its provisional
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`supports the “audio generated by the portable device” limitation.
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`Dated January 20, 2017
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`Respectfully submitted,
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`/s/Peter Lambrianakos /
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`Peter Lambrianakos (Reg. No. 58,279)
`Lead Counsel for Patent Owner
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`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`Tel: 212-209-4800
`Fax: 212-209-4801
`Email: plambrianakos@brownrudnick.com
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`
`Alfred R. Fabricant
`Admitted Pro Hac Vice
`Backup Counsel for Patent Owner
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`Tel: 212-209-4800
`Fax: 212-209-4801
`Email: afabricant@brownrudnick.com
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`IPR2016-00418
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`PATENT NO. 8,155,342
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`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)(4) & 42.105(b)
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`A copy of BLITZSAFE TEXAS, LLC’S MOTION FOR OBSERVATIONS
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`ON CROSS EXAMINATION OF TOYOTA’S REPLY WITNESS DR.
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`MATHESON has been served on Petitioner at the correspondence of the Petitioner
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`as follows:
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`SUGHRUE MION PLLC
`c/o William Mandir
`2100 Pennsylvania Ave NW
`Suite 800
`Washington, DC 20037
`toyota@sughrue.com
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`By:
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` /s/ Peter Lambrianakos/
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`Peter Lambrianakos (Reg. No. 58,279)
`Lead Counsel for Patent Owner
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`Tel: 212-209-4800
`Fax: 212-209-4801
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`January 20, 2017
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