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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`APPLE INC.,
`Petitioner
`
`v.
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`REALTIME DATA, LLC D/B/A/ IXO,
`Patent Owner
`
`_______________
`
`Case IPR2016-01737
`Patent 8,880,862
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`_______________
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`
`PATENT OWNER REALTIME DATA, LLC D/B/A IXO’S LIST OF
`PETITIONER’S IMPROPER REPLY ARGUMENTS
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`
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`Pursuant to the Board’s authorization on October 10, 2017, Patent Owner
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`Realtime Data, LLC d/b/a IXO (“Realtime”) submits the following list of the
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`locations and concise descriptions of the portions of Petitioner’s Reply (Paper 23)
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`that exceed the proper reply scope. If the Board were to rely on these arguments
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`and evidence in finding the challenged claims unpatentable, Realtime would not
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`have had sufficient opportunity to respond.
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`1)
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`At pages 7-8 of the Reply, Petitioner argues that Sukegawa renders obvious
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`the limitation “boot data list.” For example:
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`•
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`“As Dr. Neuhauser explained and the Institution Decision credited, a
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`POSITA would have found it obvious that Sukegawa’s files of OS and AP
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`control information are lists of boot data.” (Reply at 7.)
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`•
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`“As Dr. Neuhauser explained, a list is an obvious representation for a
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`collection of information and, thus, Sukegawa’s files represent lists of
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`control information.” (Id. at 8.)
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`2)
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`At pages 5-7 and 13-16 of the Reply, Petitioner argues that “non-accessed
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`boot data” should be construed to mean “boot data that was not accessed” and that
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`Sukegawa’s deletion of control information from table 3A renders obvious the
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`“disassociating non-accessed boot data” limitations. For example:
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`•
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`“[U]nder BRI, a POSITA would have viewed the term ‘non-accessed
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`boot data’ per its ordinary meaning as simply boot data that was not
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`accessed.” (Id. at 5.)
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`•
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`“[A] POSITA would have found Sukegawa’s user deletion of control
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`1
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`
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`information obviously (and most likely) to include control information that
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`was not accessed (or not requested during system boot-up).” (Id. at 14.)
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`•
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`“[B]ecause a POSITA would have found user deletion of ‘non-
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`accessed’ boot data to be an obvious part of Sukegawa’s user deletion,
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`Sukegawa renders obvious disassociating non-accessed boot data from the
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`boot data list.” (Id. at 14.)
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`•
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`“Thus, Sukegawa’s automated deletion of AP control information
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`from cache area 10C involves disassociation of non-accessed boot data from
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`the boot data list. And, Realtime’s argument ignores the presence of OS
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`control information in Sukegawa and the obviousness of managing the OS
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`control information similarly to the AP control information.” (Id. at 15.)
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`•
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`“…Realtime does not properly assess obviousness and ignores the
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`other possibility – that the LRU algorithm could discard items not requested
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`during system boot-up. Indeed, as Dr. Neuhauser explained, the entire point
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`of an LRU algorithm is to remove data that has not been accessed and, thus,
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`a POSITA would have found Sukegawa’s automatic deletion of control
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`information obviously (and most likely) to include control information that
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`was not accessed (or not requested during system boot-up).” (Id. at 15-16.)
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`3)
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`At page 16 of the Reply, Petitioner argues Zwiegincew renders obvious the
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`“disassociating non-accessed boot data” limitations. For example:
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`•
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`“…Realtime cannot overcome the reasonable likelihood of success
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`established for Zwiegincew’s rendering obvious disassociating non-accessed
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`boot data from the boot data list in Ground 5.” (Id. at 16.)
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`4)
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`At pages 16-17 of the Reply, Petitioner argues that the limitation “loading”
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`2
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`
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`boot data “that is associated with a boot data list” does not require the “boot data”
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`be associated with the “boot data list” prior to loading. For example:
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`•
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`“Indeed, claim 13 merely recites loading boot data ‘associated with a
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`boot data list’ and, under BRI, places no restriction on whether that boot data
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`becomes associated with the boot data list prior to, or at the time of,
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`loading.” (Id. at 16-17.)
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`5)
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`At pages 16-17 of the Reply, Petitioner argues that Sukegawa’s files of
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`control information disclose the limitation “loading” boot data “that is associated
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`with a boot data list.” For example:
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`•
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`“Indeed, when Sukegawa loads a file of control information from
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`HDD2 to flash memory 1, the control information in the file is associated
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`with the file prior to its loading.” (Id. at 17.)
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`6)
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`At pages 16-18 of the Reply, Petitioner argues that Sukegawa’s table 3A
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`renders obvious the limitation “loading” boot data “that is associated with a boot
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`data list.” For example:
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`•
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`“[E]ach of Sukegawa, Settsu, and Zwiegincew render obvious this
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`feature, even under Realtime’s overly-narrow interpretation.” (Id. at 17.)
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`•
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`“In fact, both operations must occur at relatively the same time and, as
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`such, a POSITA would have found it obvious to perform either operation
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`(table update or data load) just prior to the other.” (Id. at 17.)
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`•
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`“As Dr. Neuhauser explained, a POSITA would have found it obvious
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`that, to generate this list, Sukegawa’s system receives a user selection of
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`data to preload, updates table 3A to indicate the selection, and then loads the
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`3
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`
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`user-selected data into area.” (Id. at 18.)
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`•
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`“In this way, a POSITA would have found it obvious that the user-
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`selected data is associated with table 3A prior to its loading.” (Id. at 18.)
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`7)
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`At pages 17-18 of the Reply, Petitioner argues that Settsu and Zwiegincew
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`render obvious the limitation “loading” boot data “that is associated with a boot
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`data list.” For example:
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`•
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`“[E]ach of Sukegawa, Settsu, and Zwiegincew render obvious this
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`feature, even under Realtime’s overly-narrow interpretation.” (Id. at 17.)
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`•
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`“In the Petition, Dr. Neuhauser explained how Settsu and Zwiegincew
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`each describe loading boot data that is associated with a boot data list.” (Id.
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`at 18.)
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`•
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`“…Realtime cannot overcome the reasonable likelihood of success
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`established for Settsu and Zwiegincew rendering obvious loading boot data
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`that is associated with a boot data list in Grounds 2, 4, and 5.” (Id. at 18.)
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`8)
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`At pages 22-23 of the Reply, Petitioner argues that Dye’s compression
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`engines and components that perform encoding operations meet the “plurality of
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`encoders” limitations. For example:
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`•
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`“Indeed, a component that performs encoding operations is commonly
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`understood to be an encoder. Because Realtime admits that Dye has a
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`plurality of components that each perform encoding operations, Realtime
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`itself acknowledges that Dye includes a plurality of encoders.” (Id. at 23
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`(internal citations omitted).)
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`•
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`“Specifically, Dye contemplates multiple compression engines.
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`Because Dye’s compression engine is an encoder (as Realtime admits),
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`4
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`
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`Dye’s multiple compression engines represent multiple encoders.” (Id. at 23
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`(internal citations omitted).)
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`Respectfully Submitted,
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`Date: October 13, 2017
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`
`
`
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Richard Z. Zhang (Reg. No. 73,397)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3527
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`Email: Richard.Zhang.IPR@fischllp.com
`
`Desmond S. Jui (pro hac vice)
`Fisch Sigler LLP
`96 North Third Street
`Suite 260
`San Jose, CA 95112
`Phone: (650) 362-8209
`Email: Desmond.Jui.IPR@fischllp.com
`
`William P. Rothwell (Reg. No. 75,522)
`Noroozi PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`Phone: (281) 566-2685
`Email: William@nooozipc.com
`
`Kayvan B. Noroozi (pro hac vice)
`Noroozi PC
`1299 Ocean Avenue, Suite 450
`Santa Monica, CA 90401
`Phone: (310) 975-7074
`Email: Kayvan@noroozipc.com
`
`5
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on October 13, 2017, a true and correct copy of the
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`foregoing Patent Owner’s List of Petitioner’s Improper Reply Arguments is being
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`served electronically to the Petitioner at the correspondence email addresses of
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`record provided in the Petition as follows:
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`W. Karl Renner (Lead Counsel) IPR39521-0025IP1@fr.com
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`
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`Respectfully Submitted,
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`Date: October 13, 2017
`
`
`
`
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`Fisch Sigler LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: (202) 362-3527
`Fax: (202) 362-3501
`Email: Joe.Edell.IPR@fischllp.com
`
`
`
`
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