UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Juniper Networks, Inc.
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`Petitioners
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`v.
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`ChriMar Systems, Inc.,
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`Patent Owner
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`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,155,012
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`Case No. Unassigned
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Juniper Networks, Inc.
`
`Petitioners
`
`v.
`
`ChriMar Systems, Inc.,
`
`Patent Owner
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,155,012
`
`Case No. Unassigned
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`9713059
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`TABLE OF CONTENTS
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`Page
`
`I. Mandatory Notices (37 C.F.R. § 42.8) ......................................................... 3
`II.
`Relevant Background on the '012 Patent ...................................................... 3
`A. Description of the Alleged Invention of the '012 Patent .................... 3
`B.
`Level of Ordinary Skill ...................................................................... 3
`III. Claim Construction ....................................................................................... 3
`Identification of Challenge (37 C.F.R. § 42.104(b)) and Reasonable
`IV.
`Likelihood That the Challenged Claims Are Unpatentable ......................... 3
`A. Ground 1: The Challenged Claims are obvious based on Hunter in
`view of Bulan. .................................................................................... 3
`1.
`Overview of Hunter in View of Bulan ..................................... 3
`a.
`Reasons to Combine Hunter and Bulan ......................... 3
`b.
`The Combined System of Hunter and Bulan ................. 3
`c.
`Operation of Bulan's Current Control Apparatus .......... 3
`d.
`Hunter in View of Bulan: Step-by-Step ........................ 3
`Application of Hunter in View of Bulan ................................. 3
`a.
`Independent Claim 31 .................................................... 3
`b.
`Dependent Claim 35 ...................................................... 3
`c.
`Dependent Claim 36 ...................................................... 3
`d.
`Dependent Claim 40 ...................................................... 3
`e.
`Dependent Claim 43 ...................................................... 3
`f.
`Dependent Claim 52 ...................................................... 3
`g.
`Dependent Claim 55 ...................................................... 3
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`2.
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`Page
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`Dependent Claim 56 ...................................................... 3
`h.
`Dependent Claim 59 (across 31, 35, 36, 40, 43, and 52)3
`i.
`Dependent Claim 60 ...................................................... 3
`j.
`Dependent Claim 65 (across 31, 35, 36, 40, 43, and 52)3
`k.
`B. Ground 2: The Challenged Claims Are Obvious Based on Bloch in
`View of Huizinga and IEEE 802.3. .................................................... 3
`1.
`Overview of Bloch in View of Huizinga and IEEE 802.3 ...... 3
`a.
`Overview of Bloch ......................................................... 3
`b.
`Overview of Huizinga ................................................... 3
`c.
`Overview of IEEE 802.3 (IEEE-93 and "IEEE-95) ...... 3
`d.
`The Combined System of Bloch, Huizinga, and IEEE
`802.3 .............................................................................. 3
`Reasons to Combine Bloch in View of Huizinga and
`IEEE 802.3 ..................................................................... 3
`Application of Bloch in View of Huizinga and IEEE 802.3 ... 3
`a.
`Independent Claim 31 .................................................... 3
`b.
`Dependent Claim 35 ...................................................... 3
`c.
`Dependent Claim 36 ...................................................... 3
`d.
`Dependent Claim 40 ...................................................... 3
`e.
`Dependent Claim 43 ...................................................... 3
`f.
`Dependent Claim 52 ...................................................... 3
`g.
`Dependent Claim 55 ...................................................... 3
`h.
`Dependent Claim 56 ...................................................... 3
`i.
`Dependent Claim 59 (across 31, 35, 36, 40, 43, and 52)3
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`2.
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`e.
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`Dependent Claim 60 ...................................................... 3
`j.
`Dependent Claim 65 (across 31, 35, 36, 40, 43, and 52)3
`k.
`Conclusion .................................................................................................... 3
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`V.
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`LIST OF EXHIBITS
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`Number
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`Short Name
`
`Description
`
`'012 Patent
`
`U.S. Patent 8,155,012 to Austerman, III
`et al.
`
`Crayford
`
`Declaration of Ian Crayford
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`Hunter
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`Bulan
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`Bloch
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`IEEE-1993
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`WO 96/23377 to Hunter
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`U.S. Patent 5,089,927 to Bulan et al.
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`U.S. Patent 4,173,714 to Bloch et al.
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`IEEE International Standard ISO/IEC 8802-
`3: 1993
`
`IEEE-1995 (part 1)
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`IEEE Standard 802.3u-1995
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`IEEE-1995 (part 2)
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`IEEE Standard 802.3u-1995
`
`1001
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`1002
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`1003
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`1004
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`1005
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`1006
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`10071
`1008
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`1009
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`1010
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`Huizinga
`
`Blacharski
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`1011
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`Katz
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`1012
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`Related Matters
`
`U.S. Patent 4,046,972 to Huizinga et al.
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`Dan Blacharski, "Maximum Bandwith: A
`Serious Guide to High-Speed Networking",
`Que Corporation (1997)
`
`Randy H. Katz, "High Performance Network
`and Channel-Based Storage", Report
`UCB/CSD 91/650, September 1991
`
`List of Pending Cases Involving U.S. Patent
`8,155,012
`
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`1 IEEE Standard 802.3u-1995 has been separated into Exhibits 1007 and
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`1008 to comply with file size limitations for Exhibits. Exhibits 1007 and 1008 are
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`continuously paginated, from 1-200, and 201-415, respectively.
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`Number
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`Short Name
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`Description
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`Crayford C.V.
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`Resume of Ian Crayford
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`1013
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`1014
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`IEEE Press Release
`
`IEEE Standards Association News &
`Events: Press Releases "IEEE 802.3
`Standard for Ethernet Marks 30 Years of
`Innovation and Global Market Growth"
`
`Chrimar Systems, Inc. et al. v. Juniper
`Networks, Inc., Case No. 6:15-cv-00630
`(N.D. Cal.), Dkt. No. 1.
`
`U.S. Patent No. 6,247,058 to Miller et al.
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`U.S. Patent No. 6,865,152 to Luhmann
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`1015
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`Complaint
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`1016
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`1017
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`'058 patent
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`'152 patent
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`Juniper Networks, Inc. ("Juniper" or "Petitioner") requests inter partes
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`review ("IPR") of claims 31, 35, 36, 40, 43, 52, 55, 56, 59, 60, and 65 of U.S.
`
`Patent No. 8,115,012 ("the '012 patent"), which is attached to this Petition as
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`Exhibit 1001.
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`I. Mandatory Notices (37 C.F.R. § 42.8)
`Real Party-in-Interest (§ 42.8(b)(1)): Juniper Networks, Inc.
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`Related Matters (§ 42.8(b)(2)): The '012 patent is the subject of 56 civil
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`actions filed in the Eastern District of Michigan, Eastern District of Texas, and
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`Northern District of California. Attached as Exhibit 1012 is a list identifying each
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`of these civil actions, which includes Chrimar Systems Inc., et al. v. Juniper
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`Networks, Inc., Case No 3:16-cv-00558-SI (N.D. Cal.). The '012 patent is also the
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`subject of pending IPR in IPR2016-00983. IPRs have also been filed on related
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`U.S. Patent Nos. 8,902,760, 8,942,107, and 8,019,838. IPR2016-00569, IPR2016-
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`00574, IPR2016-00573 and IPR2016-01151. These cases may affect, or be
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`affected by, decisions in this proceeding.
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`Standing (§ 4.104(a)): Juniper certifies that this patent is eligible for inter
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`partes review and that it is not barred or estopped from requesting inter partes
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`review of the Challenged Claims on the grounds identified herein
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`Designation of Lead and Back-Up Counsel and Service Information
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`(§§ 42.8(b)(3)-(4)):
`
`Back-up Counsel
`Lead Counsel
`Jonathan Kagan, pro hac vice pending
`Nima Hefazi Reg. No. 63,658
`jkagan@irell.com
`nhefazi@irell.com
`Postal and Hand-Delivery Address:
`Postal and Hand-Delivery Address:
`IRELL & MANELLA, LLP
`IRELL & MANELLA, LLP
`1800 Avenue of the Stars, Suite 900
`840 Newport Center Drive, Suite 400
`Los Angeles, CA 90067
`Newport Beach, CA 92660
`Telephone: (310) 277-1010
`Telephone: (949) 760-0991
`Fax: (310) 203-71992
`Fax: (949) 760-5200
`Pursuant to 37 C.F.R. § 42.10(b), Powers of Attorney accompany this
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`Petition. Please address all correspondence to lead and back-up counsel.
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`Petitioner also consents
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`to electronic
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`service by email at
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`Juniper-
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`ChrimarIPR@irell.com.
`
`Fee for Inter Partes Review (37 C.F.R. § 42.103): The undersigned
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`authorizes the PTO to charge the charge the required fees to Deposit Account No.
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`09-0946, referencing Docket No. 159291-0071 ('012 IPR).
`
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`2 Petitioner requests authorization to file a motion for Jonathan Kagan and
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`Talin Gordnia to appear pro hac vice, as Mr. Kagan and Ms. Gordnia are
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`experienced attorneys who are counsel for Juniper in the concurrent litigation and
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`have established familiarity with the subject matter at issue.
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`II. Relevant Background on the '012 Patent
`A. Description of the Alleged Invention of the '012 Patent
`The '012 patent issued from Application No. 12/239,001 which was filed on
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`Sept. 26, 2008. The '012 patent claims the benefit of Provisional Patent Application
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`No. 60/081,279, filed Apr. 10, 1998. Ex. 1002 ("Crayford") ¶ 44.
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`The '012 patent explains that it is directed to equipment networked over
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`"pre-existing wiring or cables that connect pieces of networked computer
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`equipment to a network." '012 3:23-27, 4:62-66. The '012 patent acknowledges that
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`at the time of the alleged invention, "existing Ethernet communications" and
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`equivalents thereof were known. '012 3:40-42, 5:20-24 ("Ethernet, Token Ring, or
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`ATM"). The '012 patent provides examples of networked equipment including
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`personal computers and telephones connected to a hub in a network. '012 4:66-5:3.
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`The equipment would be connected over "conventional multi-wire cables that
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`include a plurality of transmit and receive data communication links."3 '012 5:12-
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`19, 5:26-30 ("a pair of transmit wires"; "a pair of receive wires"). Crayford ¶ 45.
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`The specification discloses a central module on the network that has a DC
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`power supply where the voltage provided by the power supply is modulated to
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`provide "both status information and power" across the transmit and/or receive
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`lines to a remote module on the network. '012 5:64-67. The specification discloses
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`3 Unless stated otherwise, emphasis to quotations has been added.
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`that a remote module can send information to the central module by altering the
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`total current draw by the remote module. '012 6:16-19. Crayford ¶ 46.
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`The specification discloses embodiments that purport to provide an
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`improved system for "asset tracking and management," including monitoring and
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`identifying "asset movement" and "theft." '012 1:20-3:14 (Background). Patent
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`Owner, however, is attempting to apply the claims of the '012 patent as covering
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`scope beyond asset tracking and management and the disclosed embodiments. For
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`instance, Patent Owner has taken the position that the claims of the '012 patent read
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`on the 802.3af Power over Ethernet ("PoE standard"). See Ex. 1015 ¶¶ 17-18; Ex.
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`1012. Patent Owner has filed various lawsuits—including against Petitioner—
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`interpreting the Challenged Claims of the '012 Patent to broadly cover network
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`switches that deliver power to a remote device over Ethernet. Id. Crayford ¶ 47.
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`As will be shown in this Petition, the basic concepts of supplying power
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`from a DC power supply over the same conductors over which data is
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`communicated, known as "phantom" powering, was well known decades before
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`the alleged invention of the '012 patent. See Ground 2 (discussing Bloch patent,
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`issued in 1979). And by the time of the alleged invention, providing DC power in
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`this manner over the same conductors used for Ethernet communication was also
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`well known. See Ground 2 (discussing Hunter International Patent application,
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`published in 1996, and IEEE specifications from 1993 and 1995). It was also well
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`known at the time of the alleged invention to convey information from one piece of
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`equipment to another by modulating the voltage provided by the DC power supply
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`or by modulating the current drawn from the power supply over the same
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`conductors used for normal network communication, such as Ethernet. See
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`Ground 1 (Hunter and Bulan references), Ground 2 (Bloch patent). Crayford ¶ 48.
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`Level of Ordinary Skill
`
`B.
`A person of ordinary skill in the art at the time of the alleged invention
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`would have had at least a B.S. degree in electrical engineering or computer
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`science, or the equivalent, and at least three years of experience in the design of
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`network communication products. Specifically, such a person would be familiar
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`with, inter alia, data communications protocols, data communications standards
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`(and standards under development at the time), and the behavior and use of
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`common data communications products available on the market. Crayford ¶ 50.
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`III. Claim Construction
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`A claim in IPR is given the broadest reasonable interpretation in light of the
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`specification to a person having ordinary skill in the art. Cuozzo Speed Tech., LLC
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`v. Lee, 2016 U.S. Lexis 3927 (2016).
`
`"BaseT" (claim 36, 56, 60): Claims 36, 56, and 60 recite "BaseT Ethernet."
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`"BaseT" should be construed as "10BASE-T and 100BASE-T." The '012 patent
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`consistently uses the term "BaseT" as part of the larger phrase "10BASE-T." '012
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`12:13-23. The '012 patent references "existing Ethernet communications" and
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`equivalents thereof, which would include 100BASE-T at the time of the purported
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`invention. '012 3:35-37, Ex. 1007 (IEEE-95) at 2 ("Type 100BASE-T"). Crayford
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`¶ 53.
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`Petitioner notes that claim construction in inter partes review is broader than
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`in litigation. Thus, nothing in this Petition should be taken as an assertion
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`regarding how the claims should be construed in litigation. Moreover, nothing
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`should be construed as expressing any position as to whether the claims constitute
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`patentable subject matter under 35 U.S.C. § 101, or whether they satisfy the
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`definiteness, enablement, best mode, or written description requirements of 35
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`U.S.C. § 112.
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`IV.
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`Identification of Challenge (37 C.F.R. § 42.104(b)) and Reasonable
`Likelihood That the Challenged Claims Are Unpatentable
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`Petitioner requests institution of an IPR and cancellation of the Challenged
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`Claims of the '012 patent based on the following grounds:
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`•
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`Ground 1: Under 35 U.S.C. § 103(a), the Challenged Claims are obvious
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`based on WO 96/23377 ("Hunter") (Ex. 1003) in view of U.S. Patent No.
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`5,089,927 ("Bulan") (Ex. 1004).
`
`•
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`Ground 2: Under 35 U.S.C. § 103(a), the Challenged Claims are obvious
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`based on U.S. Patent No. 4,173,714 ("Bloch") (Ex. 1005) in view of U.S.
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`Patent 4,046,972 ("Huizinga") (Ex. 1009) and IEEE 802.3 (1993 and
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`1995) (Exs. 1006-1008).
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`Ground 1 is not redundant to Ground 2. In Ground 1, Hunter (1996)
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`discloses phantom power over an Ethernet network, which when combined with
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`the current control apparatus of Bulan satisfies the claim limitations. In Ground 2,
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`the Bloch (1979) reference, teaches a system that closely tracks the preferred
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`embodiment of the '012 patent, including the current modulation technique
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`discussed above in Section II.A. It does so, however, in a telephone network rather
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`than Ethernet (which was developed four years later, in 1983). When combined
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`with the teachings of the Ethernet specifications (1993 and 1995), it reads on the
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`embodiment of the specification of the '012 patent.
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`A. Ground 1: The Challenged Claims are obvious based on Hunter
`in view of Bulan.
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`The Challenged Claims are obvious over Hunter in view of Bulan for the
`
`reasons explained below. Crayford ¶¶ 61-111.
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`Hunter and Bulan are prior art because their filing dates (January 26, 1996
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`and October 12, 1989, respectively) predate the earliest possible priority date of the
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`'012 patent. Hunter is cited on the face of the '012 patent but not was not discussed
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`during prosecution. Bulan does not appear to have been cited or discussed during
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`prosecution.
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`1. Overview of Hunter in View of Bulan
`Hunter discloses a system for supplying DC "phantom power" over an
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`Ethernet cable from a central piece of networking equipment (hereafter "Hub") to
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`a remote piece of terminal equipment (hereafter "TE"). Hunter Abstract, 37:20-28
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`("10Base-T" Ethernet), 51 ("Ethernet®"; "100Base-T" Ethernet; "isoEthernet®").
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`The phantom power is supplied over the same twisted-pair conductors in the
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`Ethernet cable that are used to carry data between the Hub and the TE. Hunter
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`37:20-28. The Hub includes a "protective device 213" (such as "a thermistor or
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`polyfuse") to protect against "overcurrents" in the DC current flow from the Hub to
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`the TE. Hunter 38:12-19.
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`PETITION FIGURE 1
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`Hunter Fig. 2 (markings added), 31:9-11(Fig. 2 illustrates "phantom powering
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`subsystem"), 32:5-15 ("hubs"). Crayford ¶ 62.
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`Bulan discloses an improved protective device ("current control apparatus")
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`intended for use in phantom-powered network systems such as Hunter, and this
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`improved device would simply replace the existing protective device 213 of
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`Hunter. Bulan 1:65-2:26, Abstract ("effective overcurrent protection"), 4:2-10
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`("well known phantom power feed arrangement," where power supplied over same
`
`wire pairs used to send data).
`
`PETITION FIGURE 2
`
`Bulan Fig. 2 ("current control apparatus"), 4:20-42 (describing circuit). Crayford
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`
`
`¶ 63.
`
`a.
`Bulan is directed to systems for phantom powering network terminal
`
`Reasons to Combine Hunter and Bulan
`
`equipment, and Hunter discloses just such a system. Hunter Abstract ("A power
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`subsytem and method for providing phantom power . . . via a computer network
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`bus"), 36:12-15 ("The positive and negative outputs . . . of the power supply . . . are
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`coupled to the center taps 224, 234 of the windings . . . of the first and second
`
`transformers"), Fig. 2; Bulan 4:7-10 ("Power terminals . . . are connected to centre
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`taps 16 and 17 of the transformer windings 11 in a well known phantom power
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`feed arrangement."), 4 Fig. 1. Hunter and Bulan disclose similar examples of
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`terminal equipment that could be phantom powered, and even similar levels of DC
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`voltage. Hunter 23:19-21 (the TE may be "an Integrated Services Terminal
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`Equipment ('ISTE') device" that is "compatible with ISDN standards"), 23:9
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`("power is supplied at about 48V"); Bulan Abstract ("Integrated Services Digital
`
`Network (ISDN) terminal equipments (TEs)"), 1:49-50 ("power from the line
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`power source, at a potential of about 50 volts"). Crayford ¶ 64.
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`Bulan is intended to provide a superior replacement for the "typical current
`
`limiting circuit" in such phantom powering systems, and Hunter employs just such
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`a current limiting circuit: i.e., its "protective device 213." Bulan 1:65-2:14; Hunter
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`38:12-15. Hunter's protective device 213 is "preferably a thermistor or polyfuse"
`
`that protects from "overcurrents that may damage" the "power supply 210 and the
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`bus." Hunter 38:15-19. Crayford ¶ 65.
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`Bulan criticizes the "typical current limiting circuit" as "inappropriate for
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`operation throughout the whole current load regime" because it fails to distinguish
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`4 Emphasis added to quotes here and below unless otherwise indicated.
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`Petition for Inter Partes Review of U.S. Patent No. 8,155,012
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`between two conditions: (1) overcurrents that result from "unintended operational
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`faults, for example . . . short circuits"; and (2) "a normal power up event in a TE"
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`that contains a "DC to DC converter" (hereafter "DC-DC"). Bulan 1:26-31, 1:52-
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`2:1. To "initiate operation of the typical DC to DC converter" in a TE, a "surge of
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`current" is required that "may exceed an ampere for as much as ten milliseconds,"
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`and this normal surge of current may "mimic" an operational fault. See Bulan 1:52-
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`65, Abstract ("mimic"). Crayford ¶ 66.
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`Because the "typical current limiting circuit" must blindly apply the same
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`current limit to both conditions, it must either set the limit so low that "there will
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`be insufficient current for start up of the DC to DC converter," or set the limit so
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`high that "a fault may be permitted to draw current for a period of time sufficient to
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`seriously jeopardize the operations of . . . the line power source circuits [in the
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`Hub]"). Bulan 1:66-2:8. Crayford ¶ 67.
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`Hunter's protective device 213 suffers from this same deficiency, because, a
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`simple "thermistor or polyfuse" cannot respond differently to the two conditions.
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`See Hunter 38:12-19. Crayford ¶ 68.
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`Bulan's "current control apparatus" solves this dilemma in the typical current
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`limiting circuit (such as Hunter's) by intelligently distinguishing between
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`operational faults and DC-DC startups. Bulan 1:28-29, 1:57-2:23. When the Bulan
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`apparatus detects an overcurrent condition, it switches a high impedance resistor
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`into the path to protect the circuitry: this forces the current down to a safe "trickle"
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`level. Bulan 4:20-25 ("current sensor 26"; "current path switch 25"), 4:35-40, 4:63-
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`68 ("small trickle of current"). If the overcurrent was caused by an operational
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`fault, current will continue to be drawn at this "trickle" level indefinitely until the
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`fault is resolved—and the high impedance will continue to remain in place to
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`protect the circuitry. See Bulan 6:44-46. If, however, the overcurrent was caused
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`by a DC-DC trying and failing to start up, the resulting "open circuit" condition
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`will be detected by the absence of "trickle" current. Bulan 6:43-51. Hence the
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`Bulan apparatus can detect the failure of the DC-DC to start up, and it switches the
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`high impedance resistor out of the path so the TE's DC-DC can resume starting up.
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`Bulan 6:47-58, 7:7-13. The operation of Bulan's current control apparatus is
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`discussed in greater detail below. See Overview(c-d).5 Crayford ¶ 69.
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`A PHOSITA would recognize that the Hunter system could often be used to
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`supply phantom power to TE's containing DC-DC's, and would therefore conclude
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`the Bulan current control apparatus would be a superior alternative to Hunter's
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`existing protective device 213. Bulan 1:52-65 ("A typical TE includes a . . . DC to
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`DC converter" which requires a "surge of current" to "initiate operation"); Hunter
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`39:5-8 (similarly indicating the presence of a DC-DC in the TE: "DC-DC
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`converters to convert 48V [supplied by Hunter's phantom power] to transistor-to-
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`5 Citations to "Overview" in Ground 1 are to IV.A.1.
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`transistor logic ('TTL') voltage levels (i.e. 3V or 5V) are also readily commercially
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`available."). Crayford ¶ 70.
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`Equipped with the Bulan apparatus instead of Hunter's existing protective
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`device 213, Hunter would no be longer be faced with the dilemma of setting a
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`current limit that was either too low to allow a DC-DC to start up, or too high to
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`prevent damage from faults. Bulan 2:1-8, 2:9-14 ("object of the invention" to
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`"provid[e] an over current protection feature which is effective across the entire
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`load current regime of the terminal equipment"); Crayford ¶ 71.
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`Replacement of Hunter's protective device 213 with Bulan's "current control
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`apparatus" would be a particularly straightforward task for a PHOSITA with a
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`more than reasonable expectation of success, since the Bulan appartus is intended
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`to simply replace prior art current limiting circuits without further modification.
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`See Bulan 2:23-26 ("The current control apparatus is for connection in series
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`between the power source and the transmission line"); Hunter Fig. 2 (showing
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`protective device 213 similarly in series between phantom power source 210 and
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`the transmission line including point 224); Crayford ¶ 72. Both Hunter and Bulan
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`assume there is a separate protective device in the Hub to regulate the current to
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`each separate TE, making the combination a simple one-for-one replacement.
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`Hunter Fig. 2 (protective device 213 in series to single remote "ISTE"); Bulan Fig.
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`1 (each "NT1" in Hub connected to a single remote TE device), 4:17-25 ("Each of
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`the NT1s includes a line interface circuit" that includes the current control
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`apparatus of the invention). Crayford ¶ 72.
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`Replacing protective device 213 in Hunter with the Bulan apparatus is
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`merely the simple substitution of one known element (Hunter's protective device)
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`with another (Bulan's current control apparatus) to yield a predictable result (a Hub
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`equipped with a protective device that can intelligently distinguish between faults
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`and DC-DC startups). Crayford ¶ 73. Moreover, this replacement is merely the
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`use of a known technique (Bulan's current control technique) to improve a similar
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`device ready for improvement (another Hub supplying phantom power to network
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`terminal equipment) to yield a predictable result (a Hub with a more intelligent
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`current limiting system). Crayford ¶ 73.
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`Bulan does not discuss phantom powering over Ethernet specifically, but it
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`is intended to improve phantom-powered network systems generally. See Bulan
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`2:9-12 ("object of the invention to supply operating current from a central line
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`source . . . to a terminal equipment having a DC to DC converter"), 7:30-8:67
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`(claims not specific to any protocol). There is no pertinent operational difference
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`between the wiring arrangements disclosed by Bulan and Hunter. See Bulan Fig. 1,
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`4:2-10 ("well known phantom power feed arrangement" applied to an exemplary
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`ISDN "T bus"); Hunter Fig. 2, 37:20-38:11 (same arrangement applied to an
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`exemplary 10Base-T Ethernet bus); Crayford ¶ 74. Both the ISDN "T bus" used in
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`Bulan and the Ethernet-based system disclosed by Hunter use transformer-based
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`(magnetic) isolation on the two twisted pairs used for communication with center
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`taps on both transformers providing the phantom power feed. Bulan Figure 1, 4:7-
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`10; Hunter 19:22-20:5, Figure 2; Crayford ¶ 74. To the extent there are any minor
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`differences between a 10Base-T Ethernet bus and a "T bus" (such as the
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`assignment of which twisted pairs in the cable are used to send and receive data),
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`such details are not even mentioned by Bulan, much less relied on by its design.
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`See Bulan 4:2-10; Crayford ¶ 74. That twisted-pair phantom powering designs are
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`functionally equivalent and essentially interchangeable is also demonstrated by
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`Hunter, which relies on a single10Base-T Ethernet design to support application to
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`various other twisted-pair systems. See Hunter 26:3-11 ("[I]n a preferred
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`embodiment . . . the bus comprises a 10Base-T bus. Those of skill in the art will
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`recognize, however, that the present invention is also compatible with Ethernet®,
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`Token Ring®, ATM and isoEthernet® standards."); Crayford ¶ 74.
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`b.
`In the combined system, Bulan's current control apparatus simply replaces
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`The Combined System of Hunter and Bulan
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`the existing "protective device 213" of Hunter, and DC current and power continue
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`to flow through the phantom power circuit unchanged, as shown below:
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`PETITION FIGURE 3
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`
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`Hunter Fig. 2 (modified to substitute current control apparatus in Fig. 2 of Bulan
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`for Hunter's existing "protective device 213, annotations added in red and blue);
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`Crayford ¶ 75.
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`c.
`The operation of Bulan's "current control apparatus" is discussed in detail
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`Operation of Bulan's Current Control Apparatus
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`here. Bulan teaches that the current control apparatus (depicted in Bulan Fig. 2)
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`includes a "current sensor 26" that continuously monitors the level of DC current
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`in the path that loops from the positive terminal of the Hub's phantom power
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`supply to the TE and back to the negative terminal of the power supply. Petition
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`Figure 2 (current sensor 26); Bulan 2:26-28 ("means for generating a magnitude
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`signal being representative of an amount of said energizing direct current flow"),
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`4:20-33 ("current sensor 26"), 4:49-50 ("current sensing device"). Crayford ¶ 76.
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`Bulan generates two current level signals internally for use with the current
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`sensor; these "control signals" are references against which the current level sensed
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`by the current sensor can be compared:
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`(1) A "static control signal" (also referred to herein as "static signal" or
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`"static limit") is generated by "static reference generator 23." Bulan 3:5-6, 4:25-26,
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`5:16-31 (internal circuitry), Fig. 5 (circuit diagram). This static signal is
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`unchanging, and it defines the "maximum limit of load current" which should
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`normally be drawn by the TE. Bulan 3:5-6, 2:2, 7:6 ("normal operating current"),
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`5:16-18 ("static reference generator . . . is used to provide a stable voltage supply –
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`V1 and a reference voltage V REF-"). When the current level sensed by the current
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`sensor rises above this "static" level, an overcurrent condition of some kind is
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`indicated. See Bulan 2:24-36, 3:5-12; Crayford ¶ 77.
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`(2) A "dynamic control signal" (also referred to herein as "dynamic signal"
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`or "dynamic limit") is generated by "dynamic reference generator 24." Bulan 3:7-
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`12, 4:27, 5:6-15 (internal circuitry), Fig. 4 (circuit diagram). The dynamic signal is
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`normally set at the unchanging static level, but when the sensed current exceeds
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`the static limit indicating an overcurrent condition, the dynamic signal is
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`temporarily boosted to define a higher "maximum limit of the inrush current."
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`Bulan 3:7-12, 5:33-44 ("in an event where the sense voltage (50) becomes greater
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`than the potential of [static] V REF- . . . ."), 5:66-6:2 ("control signal at the output
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`60 is therefore a static level as determined by the potential at junction 60t, unless
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`the potential is over-ridden by the dynamic level switched . . . to the output 60");
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`Crayford ¶ 77.
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`Once boosted (because sensed current exceeded the static limit), the
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`dynamic signal does not remain indefinitely at the higher level; rather it "decay[s]"
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`over time in a manner defined by the "RC value" of the dynamic reference
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`generator's resistor/capacitor (R/C) circuit. Bulan 5:44-46. This decay is shown in
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`the following figure from Bulan.
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`PETITION FIGURE 4
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`
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`Bulan Fig. 6, 6:59-60, 6:65-7:1 ("Assuming an inrush of current . . . , the maximum
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`permissible limit [dynamic signal] rises abruptly to a peak whereafter the limit is
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`reduced exponentially in accordance with the RC time constant"). And "if at any
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`time during the decay portion the [current] sense signal becomes less than the
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`potential of [static] V REF-," the decaying control signal is "terminate[d]" (and the
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`dynamic signal resets to the static level). Bulan 5:52-55, 7:2-7. Crayford ¶ 78.
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`Petition for Inter Parte
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