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Paper No. __
`Filed: May 8, 2017
`
`
`Filed on behalf of: Fitbit, Inc.
`
`By: Naveen Modi (PH-Fitbit-Aliph-IPR@paulhastings.com)
`
`Yar R. Chaikovsky (PH-Fitbit-Aliph-IPR@paulhastings.com)
`
`Michael C. Hendershot (PH-Fitbit-Aliph-IPR@paulhastings.com)
`
`David T. Okano (PH-Fitbit-Aliph-IPR@paulhastings.com)
`
`Paul Hastings LLP
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`FITBIT, INC.,
`Petitioner,
`
`v.
`
`ALIPHCOM, INC. D/B/A JAWBONE,
`Patent Owner.
`
`
`
`
`Case IPR2016-00607
`U.S. Patent No. 8,529,811
`
`
`
`PETITIONER’S DEMONSTRATIVES
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Demonstratives of Petitioner Fitbit, Inc.
`
`Inter Partes Review of
`U.S. Patent No. 8,529,811
`
`IPR2016-00607
`
`Oral Hearing: May 11, 2017
`
`1
`
`

`

`Instituted Grounds
`
`The Board instituted review of claims 16-26 based on the
`following grounds:
`
`Anticipation/Obviousness
`References
`
`Claims
`
`Lo
`Lo and Huang
`Lo and Handbook of
`Thermoplastic Elastomers
`Lo and Toyoda
`
`16-19, 23, 26
`20-22
`24
`
`25
`
`Institution Decision (Paper No. 14) at 25-26
`
`2
`
`

`

`The ’811 patent: Claim 16
`
`’811 Patent (Ex. 1001) at 14:23-38
`
`3
`
`

`

`Disputed Issues
`
`Construction of “all or substantially all”
`Board requested additional briefing on the construction of “covers all
`or substantially all”
`Board’s preliminary construction/Petitioner: encompasses on top of
`Patent Owner: complete coverage, enclosing or encasing
`Institution Decision (Paper No. 14) at 10; Patent Owner Response
`(Paper No. 21) at 5-16; Petitioner Reply (Paper No. 29) at 1-17
`
`Whether Lo anticipates claims 16-19, 23, and 26
`
`Patent Owner Response (Paper No. 21) at 17-26;
`Petitioner Reply (Paper No. 29) at 17-22
`
`Whether Petitioner has shown that claims 20-22, 24, and 25
`are obvious
`
`Patent Owner Response (Paper No. 21) at 26-31;
`Petitioner Reply (Paper No. 29) at 22-25
`
`4
`
`

`

`“covers all or substantially all”
`
`Board’s preliminary construction / Petitioner:
`
`Institution Decision (Paper No. 14) at 10
`Petition (Paper No. 2) at 23-24
`Petitioner Reply (Paper No. 29) at 1-6
`
`5
`
`

`

`The ’811 Patent
`
`’811 Patent (Ex. 1001) at 8:62-67
`Petition (Paper No. 2) at 23-24
`Petitioner Reply (Paper No. 29) at 2-4
`
`’811 Patent (Ex. 1001) at 7:26-32
`Petitioner Reply (Paper No. 29) at 4
`
`6
`
`

`

`The ’811 Patent: Claim 16
`
`’811 Patent (Ex. 1001) at 14:23-38
`
`Petitioner Reply (Paper No. 29) at 9-12
`
`7
`
`

`

`The ’811 Patent: Claim 16
`
`’811 Patent (Ex. 1001) at 14:23-38
`
`Petitioner Reply (Paper No. 29) at 9-12
`
`8
`
`

`

`The ’811 Patent: Claim 16
`
`’811 Patent (Ex. 1001) at 14:23-38
`
`Petitioner Reply (Paper No. 29) at 9-12
`
`9
`
`

`

`“covers all or substantially all”
`
`Patent Owner
`
`Patent Owner’s expert
`
`Patent Owner Response (Paper No. 21) at 8
`
`Ex. 1029 at 42:25-43:5
`Petitioner Reply (Paper No. 29) at 5
`
`10
`
`

`

`“covers all or substantially all”
`
`Patent Owner’s expert
`
`Ex. 1029 at 45:12-15
`Petitioner Reply (Paper No. 29) at 5
`
`Ex. 1029 at 41:25-42:5
`Petitioner Reply (Paper No. 29) at 5
`
`See also Ex. 1029 at 80:3-5
`Petitioner Reply (Paper No. 29) at 5
`
`11
`
`

`

`“covers all or substantially all”
`
`Patent Owner’s expert
`
`Ex. 1029 at 78:14-19
`Petitioner Reply (Paper No. 29) at 9
`
`12
`
`

`

`The ’811 patent: Claim 16
`
`’811 Patent (Ex. 1001) at 14-23-38
`
`13
`
`

`

`“substantially”
`
`Patent Owner’s expert
`
`Ex. 1029 at 88:25-89:10
`Petitioner Reply (Paper No. 29) at 13-14
`
`14
`
`

`

`The ’811 Patent: Dependent Claims
`
`’811 Patent (Ex. 1001) at 14:23-38, 14:42-51
`Petitioner Reply (Paper No. 29) at 14-15
`
`15
`
`

`

`The ’811 Patent: Dependent Claims
`
`Patent Owner’s expert
`
`Ex. 1029 at 64:19-23
`Petitioner Reply (Paper No. 29) at 15
`
`16
`
`

`

`Patent Owner’s Expert
`
`Q
`
`So —— and because Figure 3 -— and I recall it.
`
`Figure 3 is depicted as encompassing everything, -
`
`Patent Owner’s Expert
`
`Petitioner Reply (Paper No. 29) at 16
`
`Ex. 1029 at 120:10-17
`Petitioner Reply (Paper No. 29) at 16
`
`Ex. 1029 at 120:10—17
`
`17
`
`

`

`Lo
`
`Ex. 1003 at ¶¶ 0114-0118, 0125, Figs. 14C and 15A
`Petition (Paper No. 2) at 20-24
`Ex. 1002 at ¶ 58
`Petitioner Reply (Paper No. 29) at 17-22
`
`18
`
`

`

`Patent Owner’s Expert
`
`Q
`
`So if a construction is adopted that covering
`
`one side of an inner molding is sufficient to be on top
`
`of the underlying layer,
`
`I understand you disagree with
`
`that, but it that's adopted._
`
`— its on the bottom not
`
`the top, correct?
`
`Patent Owner’s Expert
`
`Petitioner Reply (Paper No. 29) at 19
`
`MR. GUO: Objection;
`
`form.
`
`Ex. 1029 at 130:22-131:7
`Petitioner Reply (Paper No. 29) at 19
`
`tat WITNESS:_
`
`— It's about it's only on one side.
`
`Ex. 1029 at 130:22—13lz7
`
`19
`
`

`

`Combination of Lo and Huang (Claims 20-22)
`
`Petitioner’s expert, Dr. Cairns:
`
`Ex. 1002 at ¶¶ 64-66
`Petition (Paper No. 2) at 28-33
`
`20
`
`

`

`Combination of Lo and Handbook of
`Thermoplastic Elastomers (Claim 24)
`
`Petitioner’s expert, Dr. Cairns:
`
`Ex. 1002 at ¶ 67
`Petition (Paper No. 2) at 33-35
`
`21
`
`

`

`Combination of Lo and Toyoda (Claim 25)
`Petitioner’s expert, Dr. Cairns:
`
`. . .
`
`Ex. 1002 at ¶ 68
`Petition (Paper No. 2) at 35-37
`
`22
`
`

`

`
`
`IPR2016-00607
`U.S. Patent No. 8,529,811
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 8, 2017, a copy of the foregoing Petitioner’s
`
`Demonstratives was served by e-mail on the following:
`
`Michael Rosato
`Andrew Brown
`WILSON SONSINI GOODRICH &
`ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Email: mrosato@wsgr.com
`Email: asbrown@wsgr.com
`
`Jose C. Villarreal
`USPTO Reg. No. 43,969
`WILSON SONSINI GOODRICH &
`ROSATI
`900 South Capital of Texas Hwy
`Las Cimas IV, Fifth Floor
`Austin, TX 78746-5546
`Email: jvillarreal@wsgr.com
`
`Richard Torczon
`USPTO Reg. No. 34,448
`WILSON SONSINI GOODRICH &
`ROSATI
`1700 K. Street, N.W.
`Washington, DC 20006
`Email: rtorczon@wsgr.com
`
`
`
`Michael J. Guo
`USPTO Reg. No. 67,128
`WILSON SONSINI GOODRICH &
`ROSATI
`One Market Plaza,
`Spear Tower, Suite 3300
`San Francisco, CA 94107
`Email: mguo@wsgr.com
`
`
`
`
`
`By: /Naveen Modi/
`Naveen Modi (Reg. No. 46,224)
`
`Counsel for Petitioner
`
`
`
`Dated: May 8, 2017
`
`
`
`
`
`

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