Petition for Inter Partes Review of
`U.S. Patent No. 8,457,113 B2
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Bright House Networks, LLC,
`WideOpenWest Finance, LLC,
`Knology of Florida, Inc.
`Birch Communications, Inc.
`Petitioners
`
`v.
`
`Focal IP, LLC,
`Patent Owner
`
`Patent No. 8,457,113 B2
`Filing Date: Jun. 22, 2010
`Issue Date: Jun. 4, 2013
`
`BRANCH CALLING AND CALLER ID BASED CALL ROUTING
`TELEPHONE FEATURES
`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,457,113 B2
`
`Inter Partes Review No. [________]
`
`DM2\6931386.1
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2023 - 1
`Bright House Petition Excerpts
`IPR2016-01258
`
`
`U.S. Patent No. 8,457,113 B2
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Bright House Networks, LLC,
`WideOpenWest Finance, LLC,
`Knology of Florida, Inc.
`Birch Communications, Inc.
`Petitioners
`
`v.
`
`Focal IP, LLC,
`Patent Owner
`
`Patent No. 8,457,113 B2
`Filing Date: Jun. 22, 2010
`Issue Date: Jun. 4, 2013
`
`BRANCH CALLING AND CALLER ID BASED CALL ROUTING
`TELEPHONE FEATURES
`
`Petition for Inter Partes Review of
`U.S. Patent No. 8,457,113 B2
`
`Inter Partes Review No. [________]
`
`DM2\6931386.1
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2023 - 1
`Bright House Petition Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review of U.S. Patent No. 8,457,113 B2
`
`even recite call features. A year later, that application was allowed and the ’113
`
`patent issued on June 4, 2013. Id., 15.
`
`However, it was well-known and standard practice to implement subscriber-
`
`selected call features using intelligent servers located within, or coupled to
`
`centralized “switching facility[ies]” in the PSTN. §V.E; TLP ¶¶77–78.
`
`C. Claim Construction Under 37 C.F.R. § 42.104(b)(3)
`Claim terms construed during inter partes review are given their broadest
`
`reasonable interpretation (BRI). 37 C.F.R. §42.100(b). Claim terms that are not
`
`construed are to be given their plain and ordinary meaning to a POSA at the time
`
`of the claimed invention when read in light of the specification and file history.
`
`Petitioners believe the terms in the challenged claims are readily understood by a
`
`POSA in light of the specification and file history and have applied them in
`
`accordance with their plain and ordinary meaning. Petitioners provide additional
`
`explanation of a POSA’s understanding where relevant.
`
`D. A POSA’s Level of Skill in the Art
`A POSA is a hypothetical person of ordinary creativity presumed to be
`
`aware of all pertinent prior art and thinking along conventional wisdom. For the
`
`’113 patent, a POSA would have been an engineer or computer scientist with at
`
`least a bachelor’s degree, or equivalent experience in electrical engineering, or a
`
`related field, and at least three years of industry experience in the fields of analog
`
`DM2\6931386.1
`
`10
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2023 - 2
`Bright House Petition Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review of U.S. Patent No. 8,457,113 B2
`
`geographical hierarchy, where tandem switches serve to interconnect geographical
`
`regions and edge switches connect between tandem switches and end-user devices,
`
`like telephones, within a local area. TLP ¶53; EX1037, 64-69, 106-13, 119-22,
`
`137-38, Fig. 4-4, 111; EX1001, 1:42-51.
`
`In the traditional Bell telephone system of the 1980s, edge switches were
`
`operated by local telephone service providers. TLP ¶54; EX1037, 59-62, 90-92,
`
`97-100, 106-13. Calls that were required to be routed to tandem switches for
`
`connection to other edge switches were known as long-distance calls and generally
`
`incurred a toll. TLP ¶55; EX1037, 64, 106-13.
`
`Call Components—Signaling and Media
`
`3.
`Traditional telephone calls consisted of two distinct parts—signaling and
`
`media. TLP ¶56; EX1037, 131-36, Fig. 8-1, 133. The signaling portion was used
`
`for call setup and feature selection, and the media portion consisted of the actual
`
`voice traffic. Id.; TLP ¶57; EX1051, 9-12, 22-25. Once a telephone was answered,
`
`the call accept signal was used to finalize the path, or circuit, over which the voice
`
`traffic (i.e. media) of the call traveled. TLP ¶57; EX1037, 95-102, Fig. 3-8, 101,
`
`131-35; EX1027, 9-10. Signaling protocols, such as Signaling System 7 (SS7),
`
`were used in parallel to notify the switches of a completed call. TLP ¶58–59;
`
`EX1027, 1.
`
`4.
`
`PSTN Call Features and Intelligent Networks
`
`DM2\6931386.1
`
`12
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2023 - 3
`Bright House Petition Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review of U.S. Patent No. 8,457,113 B2
`
`subscriber access to the database anytime, such as over the Internet. EX1003, 7:44-
`
`50. Archer further teaches that end-user devices, such as computers (e.g., 134b)
`
`can use web browsers. EX1003, 8:2-11. Web browsers are software that allow
`
`users to view web pages provided on the Internet by web servers. EX1003, 8:8-10,
`
`TLP ¶80; EX1049, 124-27. As a result, a POSA would be motivated to combine
`
`Archer’s database (138) and server processor (128) with a web server and web-
`
`enabled processor to allow subscribers to change their call forwarding settings in
`
`database (138) over the Internet at any time and to satisfy the commercial pressures
`
`driving services online during the “Dot.Com” boom. TLP ¶117.
`
`(iv) Ground 2: To the extent the Board does not find Archer teaches and
`
`renders obvious a web server with a web-enabled processing system, the
`
`combination with Chang renders this limitation obvious. It would have been
`
`obvious to combine the web-based user control interface of Chang with the server
`
`processor and database of Archer.
`
`(v) Chang teaches a web server with a web-enabled processor. Chang
`
`teaches a web server with a web-enabled processor for allowing users to set call
`
`features in the form of its Secure Access Platform (25) that controls the SCPs (19)
`
`of the PSTN Intelligent Network. EX1004, Fig. 1 (19, 25), TLP ¶¶118–19.
`
`Chang’s Secure Access Platform (25) connects over the Internet (27) to a user
`
`terminal (29) that has a web browser (293). EX1004, Fig. 1 (25, 27, 29), 2 (25, 27,
`
`DM2\6931386.1
`
`22
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2023 - 4
`Bright House Petition Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review of U.S. Patent No. 8,457,113 B2
`
`routing calls from and to subscribers within a local geographic area and switching
`
`facilities for routing calls to other edge switches or other switching facilities local
`
`or in other geographic areas…” Archer teaches that one of its communications
`
`networks contains the claimed edge switches and switching facilities in the form of
`
`circuit-switched networks (118, 136) which are preferably the PSTN. EX1003, 5:5-
`
`32, TLP ¶¶135–36. The PSTN consists of switches known as tandem switches or
`
`class 4 switches (switching facilities in the claims) which serve to interconnect
`
`between different geographical regions and edge switches or class 5 switches,
`
`which connect to end-user devices, like telephones, within a local geographic area.
`
`EX1001, 1:45-50; EX1004, Fig. 1, 7:43-8:24, 18:66-19:12; TLP ¶¶136–39;
`
`EX1037, 64-69, 11-92, 106-13, 139-45; EX1010, 87 n.1. To the extent the Board
`
`finds that the PSTN does not expressly disclose the claimed switching facilities
`
`and edge switches, they are inherent because the PSTN’s structure (Archer’s
`
`preferred circuit-switched network 118) necessarily requires tandem switches (i.e.,
`
`switching facilities) interconnecting to edge switches or obvious because that is the
`
`only way the PSTN is structured. TLP ¶¶140–41; EX1003, 5:23-25.
`
`(d) Claims 1[pre(iv) and 94[pre(iv)] (Grounds 1-2): “…the method
`
`[communication network] for enabling voice communication from a calling party
`
`to a called party across both the packet network and the second network [circuit-
`
`switched network and a packet network], the method comprising the steps of [the
`
`DM2\6931386.1
`
`29
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2023 - 5
`Bright House Petition Excerpts
`IPR2016-01258
`
`
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