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. 8,902,760
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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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`9725138
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Juniper Networks, Inc.
`
`Petitioners
`
`v.
`
`ChriMar Systems, Inc.,
`
`Patent Owner
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,902,760
`
`Case No. Unassigned
`
`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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`9725138
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`TABLE OF CONTENTS
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`Page
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`I.
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`II.
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`Mandatory Notices (37 C.F.R. § 42.8) ......................................................... 1
`
`Relevant Background on the '760 Patent ...................................................... 3
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`A. Description of the Alleged Invention of the '760 Patent .................... 3
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`B.
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`Level of Ordinary Skill ...................................................................... 5
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`III. Claim Construction ....................................................................................... 5
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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 ......................... 6
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`A. Ground 1: The Challenged Claims Are Obvious Based on
`Hunter in View of Bulan. ................................................................... 6
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`1.
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`Overview of Hunter in View of Bulan ..................................... 6
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`a.
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`b.
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`c.
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`d.
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`Reasons to Combine Hunter and Bulan ......................... 8
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`The Combined System of Hunter and Bulan ............... 13
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`Operation of Bulan's Current Control Apparatus ........ 14
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`Hunter in View of Bulan: Step-by-Step ...................... 20
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`2.
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`Application of Hunter in View of Bulan ............................... 23
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`Independent Claim 1 .................................................... 23
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`Dependent Claim 31 .................................................... 33
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`Dependent Claim 37 .................................................... 34
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`Dependent Claim 59 .................................................... 36
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`Dependent Claim 69 .................................................... 36
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`Dependent Claim 72 .................................................... 38
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`Independent Claim 73 .................................................. 40
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`h.
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`Dependent Claims 106, 112, 134, 142, and 145 .......... 40
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`B.
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`Ground 2: The Challenged Claims Are Obvious Based on the
`Bloch in View of Huizinga and IEEE 802.3. ................................... 41
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`1.
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`Overview of Bloch in View of Huizinga and IEEE 802.3 .... 41
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`Page
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`a.
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`b.
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`c.
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`d.
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`e.
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`Overview of Bloch ....................................................... 41
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`Overview of Huizinga ................................................. 46
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`Overview of IEEE 802.3 (IEEE-93 and "IEEE-95) .... 48
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`The Combined System of Bloch, Huizinga, and
`IEEE 802.3 ................................................................... 50
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`Reasons to Combine Bloch in view of Huizinga and
`IEEE 802.3 ................................................................... 51
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`2.
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`Application of Bloch in View of Huizinga and
`IEEE 802.3 ............................................................................. 53
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`h.
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`Independent Claim 1 .................................................... 53
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`Dependent Claim 31 .................................................... 59
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`Dependent Claim 37 .................................................... 60
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`Dependent Claim 59 .................................................... 61
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`Dependent Claim 69 .................................................... 62
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`Dependent Claim 72 .................................................... 63
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`Independent Claim 73 .................................................. 64
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`Dependent Claims 106, 112, 134, 142, and 145 .......... 64
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`Conclusion .................................................................................................. 64
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`V.
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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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`LIST OF EXHIBITS
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`Number
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`1001
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`1002
`1003
`1004
`1005
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`1006
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`10071
`1008
`1009
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`1010
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`1011
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`1012
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`1013
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`Crayford
`Hunter
`Bulan
`Bloch
`IEEE-1993
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`IEEE-1995 (part 1)
`IEEE-1995 (part 2)
`Huizinga
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`Description
`Short Name
`'760 patent, or '760 U.S. Patent 8,902,760 to Austerman, III et
`al.
`Declaration of Ian Crayford
`WO 96/23377 to Hunter
`U.S. Patent 5,089,927 to Bulan et al.
`U.S. Patent 4,173,714 to Bloch et al.
`IEEE International Standard ISO/IEC 8802-
`3: 1993
`IEEE Standard 802.3u-1995
`IEEE Standard 802.3u-1995
`U.S. Patent 4,046,972 to Huizinga et al.
`Dan Blacharksi, "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
`8,902,760
`Resume of Ian Crayford
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`Blacharski
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`Katz
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`Related Matters
`
`Crayford CV
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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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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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`Number
`1014
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`Short Name
`IEEE Press Release
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`1015
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`Complaint
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`1016
`1017
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`'058 patent
`'152 patent
`
`Description
`Shuang Yu, IEEE 802.3 "Standard for
`Ethernet" Marks 30 Years of Innovation and
`Global Market Growth, IEEE Press Release,
`June 24, 2013
`Complaint in Chrimar Systems Inc. v.
`Juniper Networks, Inc., Case No. 6:15-cv-
`00630, Dkt. #1, in the United States District
`Court for the Eastern District of Texas
`U.S. Patent No. 6,247,058 to Miller et al.
`U.S. Patent No. 6,865,152 to Luhmann
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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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`Juniper Networks, Inc. ("Juniper" or "Petitioner") requests inter partes
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`review ("IPR") of claims 1, 31, 37, 59, 69, 72, 73, 106, 112, 134, 142, and 145 of
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`U.S. Patent No. 8,902,760 ("the '760 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 '760 patent is the subject of 46 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-005581-SI (N.D. Cal.). The '760 patent is also
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`the subject of pending IPR in IPR2016-00574. IPRs have also been filed on
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`related U.S. Patent Nos. 8,155,012, 8,902,760, and 8,019,838. IPR2016-00569,
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`IPR2016-00983, IPR2016-00573 and IPR2016-01151. These cases may affect, or
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`be affected by, decisions in this proceeding.
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`Standing (§ 4.104(a)): Petitioner certifies that this patent is eligible for IPR
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`and that it is not barred or estopped from requesting IPR review of the challenged
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`claims on the grounds identified herein.
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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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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.
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`Fee for Inter Partes Review (37 C.F.R. § 42.103): The undersigned
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`authorizes the PTO to charge the required fees to Deposit Account No. 09-0946,
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`referencing Docket No. 159291-0071 ('760 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. 8,902,760
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`II. Relevant Background on the '760 Patent
`A. Description of the Alleged Invention of the '760 Patent
`The '760 patent issued from Application No. 13/615,755 ("the '755
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`application"), which was filed on Sept. 26, 2008. The '760 patent claims the
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`benefit of Provisional Patent Application No. 60/081,279, filed Apr. 10, 1998. Ex.
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`1002 ("Crayford") ¶ 44.
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`The '760 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." '760 3:23-27, 4:62-66. The '760 patent acknowledges
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`that at the time of the alleged invention, "existing Ethernet communications" and
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`equivalents thereof were known. '760 3:40-42, 5:20-24 ("Ethernet, Token Ring, or
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`ATM"). The '760 patent provides examples of networked equipment including
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`personal computers and telephones connected to a hub in a network. '760 4:66-
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`5:3. 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 '760 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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`3 Unless stated otherwise, emphasis to quotations have been added.
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`lines to a remote module on the network. '760 5:64-67. The specification discloses
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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. '760 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." '760 1:20-3:14 (Background). Patent
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`Owner, however, is attempting to apply the claims of the '760 patent as covering
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`scope beyond asset tracking and management and the disclosed embodiments.
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`For instance, Patent Owner has taken the position that the claims of the '760 patent
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`read on the 802.3af Power over Ethernet ("PoE standard"). See Ex. 1015 ¶¶ 17-
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`18; Ex. 1012. Patent Owner has filed various lawsuits—including against
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`Petitioner—interpreting the challenged claims of the '760 Patent to broadly cover
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`network switches that deliver power to a remote device over Ethernet. Id.
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`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 '760 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
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`of equipment to another by modulating the voltage provided by the DC power
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`supply 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
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`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 ¶¶ 49-
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`51.
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`III. Claim Construction
`A claim in IPR is given the broadest reasonable interpretation ("BRI") in
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`light of the specification to a person having ordinary skill in the art. Cuozzo Speed
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`Tech., LLC v. Lee, 2016 U.S. Lexis 3927 (2016).
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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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`"powered off" ('760 Patent, Claims 72, 145): The BRI of this term is
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`"without operating power" because claims 72, depending from 1, recites that the
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`"powered-off piece of BaseT Ethernet equipment" is to "draw different
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`magnitudes of current flow from the at least one DC supply" and this indicates
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`that "powered-off" does not mean entirely removed from the application of power.
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`Crayford ¶ 54.
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`"BaseT" ('760, challenged claims): The challenged claims recites "BaseT
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`Ethernet" to describe the recited elements such as a system, central equipment,
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`terminal equipment, and communication signals. "BaseT" should be construed as
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`"10BASE-T and 100BASE-T." The '760 patent consistently uses the term
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`"BaseT" as part of the larger phrase "10BASE-T." '760 12:22-26. The '760 patent
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`references "existing Ethernet communications" and equivalents thereof, which
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`would include 100BASE-T at the time of the purported invention. '760 3:41-43,
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`Ex. 1007 (IEEE-95) at 2 ("Type 100BASE-T"). Crayford ¶ 55.
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`Petitioner notes that claim construction in inter partes review is broader
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`than 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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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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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 '760 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
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`No. 5,089,927 ("Bulan") (Ex. 1004).
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`•
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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
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`U.S. Patent 4,046,972 ("Huizinga") (Ex. 1009) and IEEE 802.3 (1993
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`and 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 '760 patent, including the current modulation technique
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`discussed above in § II.A. It does so, however, in a telephone network rather than
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`Ethernet (which was developed four years later, in 1983). When combined with
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`the teachings of the Ethernet specifications (1993 and 1995), it reads on the
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`embodiment of the specification of the '760 patent. Crayford ¶ 63.
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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
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`reasons explained below. Crayford ¶¶ 64-134. Hunter and Bulan are prior art
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`because their filing dates (January 26, 1996 and October 12, 1989, respectively)
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`predate the earliest possible priority date of the '760 patent. Hunter is cited on the
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`face of the '760 patent but not was not discussed during prosecution. Bulan does
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`not appear to have been cited or discussed during 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
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`to the TE. Hunter 38:12-19.
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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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`PETITION FIGURE 1
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`
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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 ¶¶ 65-66.
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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
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`same wire pairs used to send data). Crayford ¶ 67.
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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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`PETITION FIGURE 2
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`
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`Bulan Fig. 2 ("current control apparatus"), 4:20-42 (describing circuit).
`
`a.
`Bulan is directed to systems for phantom powering network terminal
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`Reasons to Combine Hunter and Bulan
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`equipment, and Hunter discloses 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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`coupled to the center taps 224, 234 of the windings... of the first and second
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`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 similar levels of DC
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`voltage. Hunter 23:19-21 (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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`4 Emphasis added to quotes unless otherwise indicated.
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`("power is supplied at about 48V"); Bulan Abstract ("Integrated Services Digital
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`Network (ISDN) terminal equipments (TEs)"), 1:50 ("about 50 volts"). Crayford
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`¶ 68.
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`Bulan is intended to provide a superior replacement for the "typical current
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`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"
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`that protects from "overcurrents that may damage" the "power supply 210 and the
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`bus." Hunter 38:15-19. Crayford ¶ 69.
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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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`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
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`1:52-65, Abstract ("mimic").
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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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`Petition for Inter Partes Review of U.S. Patent No. 8,902,760
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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
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`to seriously jeopardize the operations of... the line power source circuits [in the
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`Hub]"). Bulan 1:66-2:8.
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`Hunter's protective device 213 suffers from this same deficiency, because, a
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`"thermistor or polyfuse" cannot respond differently to the two conditions. See
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`Hunter 38:12-19; Crayford ¶¶ 70-72.
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`Bulan's "current control apparatus" solves this dilemma in the typical
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`current limiting circuit (such as Hunter's) by distinguishing between operational
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`faults and DC-DC startups. Bulan 1:28-29, 1:57-2:23. When the Bulan apparatus
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`detects an overcurrent condition, it switches a high impedance resistor into the
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`path to protect the circuitry: this forces the current down to a safe "trickle" level.
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`Bulan 4:20-25 ("current sensor 26"; "current path switch 25"), 4:35-40, 4:63-68
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`("small trickle of current"). If the overcurrent was caused by an operational fault,
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`current will continue to be drawn at this "trickle" level indefinitely until the fault
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`is resolved—and the high impedance resistor 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
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`the high impedance resistor out of the path so the TE's DC-DC can resume
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`starting up. Bulan 6:47-58, 7:7-13. The operation of Bulan's current control
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`apparatus is discussed in greater detail below. See Overview(c-d).5
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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 presence of a DC-DC in the TE: "DC-DC converters
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`to convert 48V [supplied by Hunter's phantom power] to transistor-to-transistor
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`logic ('TTL') voltage levels (i.e. 3V or 5V) are also readily commercially
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`available."). Crayford ¶ 74.
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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 ¶ 75.
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`5 Citations to "Overview" in Ground 1 are to § IV.A.1.
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`Replacement of Hunter's protective device 213 with Bulan's "current
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`control apparatus" would be a particularly straightforward task for a PHOSITA
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`with a more than reasonable expectation of success, since the Bulan appartus is
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`intended to simply replace prior art current limiting circuits without further
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`modification. See Bulan 2:23-26 ("The current control apparatus is for connection
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`in series between the power source and the transmission line"); Hunter Fig. 2
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`(showing protective device 213 similarly in series between phantom power source
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`210 and the transmission line). Both Hunter and Bulan assume there is a separate
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`protective device in the Hub to regulate the current to each separate TE, making
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`the combination a simple one-for-one replacement. Hunter Fig. 2 (protective
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`device 213 in series to single remote "ISTE"); Bulan Fig. 1 (each "NT1" in Hub
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`connected to a single remote TE device), 4:17-25 ("Each of the NT1s includes a
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`line interface circuit" that includes the current control apparatus of the invention).
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`Crayford ¶ 76.
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`Replacing protective device 213 in Hunter with the Bulan apparatus is the
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`simple substitution of one known element (Hunter's protective device) with
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`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). Moreover, this replacement is the use of a known
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`technique (Bulan's current control technique) to improve a similar device ready
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`for improvement (another Hub supplying phantom power to network terminal
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`equipment) to yield a predictable result (a Hub with a more intelligent current
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`limiting system). Crayford ¶ 77. See also MPEP 2143 (obviousness rationales
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`based on KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421 (2007)).
`
`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
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`continue to flow through the phantom power circuit unchanged, as shown below:
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`PETITION FIGURE 3
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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 ¶¶ 78-79.
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`c.
`The operation of Bulan's "current control apparatus" is detailed below.
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`Operation of Bulan's Current Control Apparatus
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`Crayford ¶¶ 80-88. This apparatus includes a "current sensor 26" that
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`continuously monitors the level of DC current in the path that loops from the
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`positive terminal of the Hub's phantom power supply to the TE and back to the
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`negative terminal of the power supply. Petition Figure 2 (current sensor 26);
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`Bulan 2:26-28 ("means for generating a magnitude signal being representative of
`
`an amount of said energizing direct current flow"), 4:20-33 ("current sensor 26"),
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`4:49-50 ("current sensing device").
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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
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`sensed 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-
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`26, 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
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`current sensor rises above this "static" level, an overcurrent condition of some
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`kind is indicated. See Bulan 2:24-36, 3:5-12.
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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
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`is 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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`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
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`"decay[s]" over time in a manner defined by the "RC value" of the dynamic
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`reference generator's resistor/capacitor (R/C) circuit. Bulan 5:44-46; Crayford
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`¶ 84. This decay is shown in 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
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`the dynamic signal resets to the static level). Bulan 5:52-55, 7:2-7.
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`Bulan's dynamic signal imposes a decaying inrush current maximum in this
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`manner because if the inrush current is merely the result of a DC-DC startup, then
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`the current drawn should be expected to decline over time as the DC-DC
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`completes its startup. See Bulan 1:57-62 ("momentary surge of current" is "that
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`which is required to initiate operation of the typical DC to DC converter"). On the
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`other hand, if the inrush is caused by an "unintended operational fault[]" such as a
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`"short circuit[]," then the overcurrent condition will continue indefinitely until
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`resolved, and hence it would be certain to violate the decaying dynamic limit
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`eventually (as intended). See Bulan 1:27-30, 6:44-47.
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`When the current detected by current sensor 26 exceeds the dynamic limit,
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`a "current path switch 25" in the Bulan apparatus switches a high impedance
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`(resistor 48 in Bulan Fig. 3) into the current path. Petition Figure 2; Bulan 4:24-
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`25, 4:35-40 ("The current path switch is required to provide a current path which
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`at any one time is of a very low impedance, or alternately is of a much higher
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`impedance"), 6:36-44 ("if the sensed current exceeds the [dynamic] control signal
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`permissible level.... FET 41 [is] locked OFF"). The addition of this high
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`impedance to the path forces the current down to a safe "trickle" level, thereby
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`protecting the power supply in the Hub from the overcurrent condition. See Bulan
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`4:62-66, 6:43-44 ("the trickle current is conducted via the current path 9d."), Fig.
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`3 (circuit diagram including trickle path 9d), 1:28-31 ("limiting current flow in the
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`interest of preventing catastrophic failure").
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`Bulan teaches that "[t]his [high impedance path] condition is maintained
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`until an effective external open condition is established." Bulan 6:44-47, 4:62-68.
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`If the overcurrent was caused by a genuine "unintended operational fault[]" such
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`as a "short circuit[]," there will not be an open circuit and the TE will continue to
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`draw trickle current indefinitely
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