Apple Inc., Facebook, Inc., and Whatsapp,
`Inc.,
`v.
`Uniloc USA, Inc. and Uniloc Luxembourg S.A.
`
`IPR2017-00222
`U.S. Patent No. 8,243,723
`
`PETITIONER APPLE INC’S DEMONSTRATIVE
`EXHIBITS
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`February 8, 2018
`
`1
`
`Apple Ex. 1030
`Apple v. Uniloc
`IPR2017-00222
`
`
`Inc.,
`v.
`Uniloc USA, Inc. and Uniloc Luxembourg S.A.
`
`IPR2017-00222
`U.S. Patent No. 8,243,723
`
`PETITIONER APPLE INC’S DEMONSTRATIVE
`EXHIBITS
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`February 8, 2018
`
`1
`
`Apple Ex. 1030
`Apple v. Uniloc
`IPR2017-00222
`
`
`
`Background of USP 8,243,723
`
`IPR2017-00222
`
`Background of USP 8,243,723
`
`
`|PR2017-00222
`
`2
`
`
`
`The ’723 Patent
`
`The ’723 patent claims the application of known instant VoIP messaging
`systems and methods.
`
`Ex. 1001, ’723 Patent and Figure 2
`
`Source: Petition, pp. 1, 5-8
`
`3
`
`
`
`The ’723 Patent – Claim 1
`
`Source: ‘723 patent, Claim 1
`
`4
`
`
`
`The ’723 Patent – Claim 1
`
`Source: ‘723 patent, Figure 5.
`
`5
`
`
`
`Instituted Grounds
`
`Ground
`
`Claims
`
`Type
`
`Primary
`Reference
`
`Secondary
`Reference(s)
`
`1
`
`2
`
`1
`
`2-7
`
`’723 Patent
`
`§ 103
`
`§ 103
`
`Vuori
`
`Vuori
`
`N/A
`
`Malik
`
`Source: Institution Decision, pp. 32-33
`
`6
`
`
`
`Claim 1 is Obvious in View of Vuori
`
`
`
` This case is about Vuori’s presence service.
`
` Vuori’s presence service teaches:
`– tracking a user’s presence on a network (whether a user is on-
`line/off-line/busy/away/do not disturb),
`– storing the user’s presence information, and
`– distributing the user’s presence information to others.
` Vuori’s presence service may be implemented
`using a packet-based data network such as the
`internet.
`
` The Board should find claims 1-7 unpatenable.
`
`
`Source: Petition, pp. 6-33; Petitioner’s Reply, pp. 2-21
`
`7
`
`
`
`Vuori’s presence service teaches “associating a sub-set of the nodes with a
`client” and “a list of the recorded connectivity status for each of the nodes in
`the sub-set corresponding to the client.”
`
` Joining a buddy list in Vuori is an example of a user joining a presence service.
`(Section III.A.1.)
`
`• Vuori’s presence service tracks presence information including information such as whether a
`user is on-line/off-line/busy/away/do not disturb. (Id.; Vuori, [0047]; Section III.A.1.)
`
`• “An SVM presence service 248 serves to accept SVM presence information e.g. on a line
`250, store it, and distribute it, e.g., on a line 252.” (Vuori, [0043].)
`
` Each user agent is associated with a principal.
`
`• The term “principal” refers to “people, groups and/or software in the ‘real world’ outside of the
`system that use the system as a means of coordination and communication...
`
`• A principal interacts with the system via one of several user agents (UAs),” within Vuori’s
`presence service, to which a person may join by joining a buddy list. (Vuori, [0035] and
`[0046]; Section III.A.1.)
`
` A simple example of applying the model is to describe a generic ‘buddy list’
`application.
`
`• These applications typically expose the user’s presence to others, and make it possible to
`see the presence of others. So we could describe a buddy list as the combination of a
`presence user agent and a watcher user agent for a single principal, using a single presentity
`and a single subscriber.
`
`Source: Petitioner’s Reply pp. 12-14;
`
`8
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
` Vuori’s SVM watcher is user-facing and does distribute connectivity
`status on a line to the user for at least five reasons.
`
`1.
`The directional arrows of Vuori’s Figure 7 are not dispositive because Vuori
`expressly teaches two-way communication.
`
`Vuori teaches that a user interacts with the system using an SVM watcher UA,
`teaching two-way communication.
`
`Vuori further teaches that “[a] user agent is purely coupling between a principal
`and some core entity of the system” including the SVM watcher 256.
`
`Presence status is distributed so that it can be “interpretable by programs or by
`persons,” teaching a person may view and thus interpret shared presence status
`information.
`
`Vuori’s description of a buddy list is evidence that the SVM watcher is user-facing
`because the sender determines whether the intended recipient is available by
`means of a presence service.
`
`
`2.
`
`3.
`
`4.
`
`5.
`
`*****
`Vuori teaches distributing the presence information because, as the Board agreed,
`“[d]istributing connectivity information ‘on a line’ means to distribute the information to
`other users connected to the network.”
`(Institution Decision, 17-18.)
`
`Source: Petitioner’s Reply pp. 5-11; Ex.1028, ¶¶ 16 and 25.
`
`9
`
`
`
`Uniloc Seeks An Overly Narrow Claim Construction
`
`Patent Owner’s overly narrow proposed claim construction does not
`comport with the claim language and contradicts the specification.
`
`“list ”
`
`Petitioner
`(Source: Petitioner Reply, p. 3)
`
`the term “list” encompasses “one or more.”
`
`Patent Owner
`(Source: POR, pp. 8-9)
`
`“the transmitted ‘list’ must have the recorded
`connectivity status for multiple ‘nodes’”
`
`The Board
`(Source: Institution Decision, p. 18)
`
`“based on our review of the ’723 patent, the
`specification seems to contradict Patent Owner’s
`argument.”
`
`Source: Petitioner’s Reply, p. 3; POR, pp. 8-9.
`
`10
`
`
`
`“associating a sub-set of the nodes
`with a client”
`
`
`Ground 1 – Obvious in view of Vuori
`
`
`11
`
`
`
`Vuori’s presence service teaches “associating a sub-set of the nodes
`with a client”
`
` Joining a buddy list as described in Vuori is an
`example of a user joining a presence service.
`
`
`…
`
`Vuori:
`
`Forys:
`
`Thus, a user’s availability is stored and distributed to the clients
`associated with the buddy list that the potential recipient has
`joined. A POSITA would have understood that by joining a “buddy
`list,” a user allows his/her presence information (i.e. connectivity)
`to be transmitted to all of the nodes associated with the buddy lists
`he/she has joined. (Ex. 2002, Forys Deposition, 73:7-11.) That is,
`the “buddy list” is not a list belonging to the recipient, but rather it
`belongs to the sender who is able to see which recipients are
`available.
`
`Source: Petitioner’s Reply pp. 12-14;
`
`Ex. 1028, ¶ 24
`
`12
`
`
`
`Vuori’s presence service teaches “associating a sub-set of the nodes
`with a client”
`
` Vuori’s presence service monitors, stores, and
`conveys the presence status for each principal.
`
`
`
`Vuori:
`
`Source: Petitioner’s Reply pp. 12-14;
`
`13
`
`
`
`Vuori’s presence service teaches “associating a sub-set of the nodes
`with a client”
`
` Each user agent is associated with a principal.
`
`• The term “principal” refers to “people, groups and/or software in the ‘real world’
`outside of the system that use the system as a means of coordination and
`communication...” (Vuori, [0046].)
`
`• A principal interacts with the system via one of several user agents (UAs),” (Vuori,
`[0035] and [0046]; Section III.A.1.)
`
`
`
`Vuori:
`
`Source: Petitioner’s Reply pp. 12-14;
`
`14
`
`
`
`Vuori’s presence service teaches “associating a sub-set of the nodes
`with a client”
` A simple example of applying the presence service
`model is to describe a generic ‘buddy list’ application.
`
`RFC 2778:
`
`Petitioner’s Reply, p. 14.
`
`Forys:
`
`Source: Ex. 2002, 73:7-11, 74:7-10; Petitioner’s Reply, pp. 9-14; Ex. 1025, p. 9.
`
`Ex. 2002, 73:7-11.
`
`15
`
`
`
`“transmitting a signal to a client including a
`list of the recorded connectivity status for
`each of the nodes in the sub-set
`corresponding to the client”
`
`
`Ground 1 – Obvious in view of Vuori
`
`
`16
`
`
`
`Uniloc has misinterpreted and misunderstood the teachings of Vuori
`
`Uniloc:
`
`POR, p. 12.
`
`Easttom:
`
`Uniloc:
`
`Ex. 2001, ¶ 29
`
`Source: POR, pp. 12 and 15; Ex. 2001, ¶ 29.
`
`POR, p. 15.
`
`17
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
` Vuori’s SVM watcher is user-facing and does distribute connectivity
`status on a line to the user for at least five reasons.
`
`1.
`The directional arrows of Vuori’s Figure 7 are not dispositive because Vuori
`expressly teaches two-way communication.
`
`Vuori teaches that a user interacts with the system using an SVM watcher UA,
`teaching two-way communication.
`
`Vuori further teaches that “[a] user agent is purely coupling between a principal
`and some core entity of the system” including the SVM watcher 256.
`
`Presence status is distributed so that it can be “interpretable by programs or by
`persons,” teaching a person may view and thus interpret shared presence status
`information.
`
`Vuori’s description of a buddy list is evidence that the SVM watcher is user-facing
`because the sender determines whether the intended recipient is available by
`means of a presence service.
`
`
`2.
`
`3.
`
`4.
`
`5.
`
`*****
`Vuori teaches distributing the presence information because, as the Board agreed,
`“[d]istributing connectivity information ‘on a line’ means to distribute the information to
`other users connected to the network.”
`(Institution Decision, 17-18.)
`
`Source: Petitioner’s Reply pp. 5-11; Ex.1028, ¶¶ 16 and 25.
`
`18
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
`The directional arrows of Vuori’s Figure 7 are not
`dispositive because Vuori expressly teaches two-way
`communication.
`
`Source: Petitioner’s Reply pp. 5-8; Ex.1028, ¶¶ 16, 17, and 25.
`
`19
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`Vuori teaches that a user interacts with the system
`using an SVM watcher UA, teaching two-way
`communication.
`
`
`Source: Petitioner’s Reply p. 8; Ex.1028, ¶ 19.
`
`20
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
` “Requesting,” “fetching,” and “polling” are
`performed using two-way communication
`
`Source: Petitioner’s Reply pp. 6-8.
`
`21
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
`Vuori further teaches that “[a] user agent is purely
`coupling between a principal and some core entity
`of the system” including the SVM watcher 256.
`
`
`Source: Petitioner’s Reply pp. 8-9; Ex.1028, ¶ 20.
`
`22
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
`Presence status is distributed so that it can be “interpretable by
`programs or by persons,” teaching a person may view and thus
`interpret shared presence status information.
`
`
`Source: Petitioner’s Reply p. 9; Ex.1028, ¶ 21.
`
`23
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
`Vuori’s description of a buddy list is evidence that the SVM
`watcher is user-facing because the sender determines whether
`the intended recipient is available by means of a presence
`service.
`
`Source: Petitioner’s Reply pp. 9-11; Ex.1028, ¶¶ 22-24.
`
`24
`
`
`
`Vuori’s SVM Watcher transmits a signal to a client including a list of
`the recorded connectivity status
`
`As the Board has correctly agreed, distributing “on a line”
`means transmitted over an electrical signal:
`
`
`Institution Decision, pp. 17-18
`
`Source: Petitioner’s Reply pp. 5-11; Ex.1028, ¶¶ 16 and 25; Institution Decision, pp. 17-18.
`
`25
`
`
`
`Vuori’s method may be implemented using a packet-based data
`network such as the Internet.
`
`Uniloc has misconstrued the arguments presented in the
`Petition and the Forys Declaration. For example, PO argues that
`Vuori’s “buddy list” does not “record[ ] the connectivity status
`for multiple nodes within a ‘packet-switched network.” (POR,
`17.)
`
`Vuori:
`
`
`
`Source: Petitioner’s Reply pp. 5-11.
`
`26
`
`
`
`Claim Construction
`
`
`
`Claim Construction
`
`
`27
`
`
`
`Uniloc Seeks An Overly Narrow Claim Construction
`
`Patent Owner’s overly narrow proposed claim construction does not
`comport with the claim language and contradicts the specification.
`
`“list ”
`
`Petitioner
`(Source: Petitioner Reply, p. 3)
`
`the term “list” encompasses “one or more.”
`
`Patent Owner
`(Source: POR, pp. 8-9)
`
`“the transmitted ‘list’ must have the recorded
`connectivity status for multiple ‘nodes’”
`
`The Board
`(Source: Institution Decision, p. 18)
`
`“based on our review of the ’723 patent, the
`specification seems to contradict Patent Owner’s
`argument.”
`
`Source: Petitioner’s Reply, p. 3; POR, pp. 8-9.
`
`28
`
`
`
`The term “list” encompasses “one or more.”
`
` The ’723 patent consistently refers to a list as having “one or more” items:
`
`• “a list of one or more IVM recipients” (’723 patent, 8:52-56, 16:61-63).
`
`• “[t]he IVM client 208 displays a list of one or more IVM recipients on its display 216,
`provided and stored by the local IVM server 202” (Institution Decision, citing Ex1001,
`7:61-63).
`
` The limitation as a whole, reveals that the claim recites the phrase “a list of
`the connectivity status of each of the nodes in the sub-set.”
`
`• The term sub-set means a smaller part of a larger set and could be a single node.
`(Ex1028, ¶13.)
`
`• In such a case, the list of “the connectivity status of each of the nodes in the sub-set”
`could reasonably include only one node, because the sub-set contains only one
`node. (Ex1028, ¶13.)
`
` The specification refers to a list as having “one or more” items – and in each
`case the “one or more” items are identified in plural form
`
`
`
`
`Source: Petitioner’s Reply pp. 2-5.
`
`29
`
`
`
`The term “list” encompasses “one or more.”
`
` Even if “list” requires connectivity status of
`more than one node
`
`• Vuori still teaches the recited “transmitting” and “list”
`features.
`
`
`–Vuori determines the availability of one or more recipients,
`and “[t]he user 10 then uses the menu key to select one or
`more intended recipients.…” (Vuori, [0033].)
`
`–And “[t]he SVM is then sent to an SVM service center. This
`could be a short message service (SMS) service center
`which determines the availability of the one or more
`intended recipients.” (Vuori, [0034].)
`
`Source: Petitioner’s Reply pp. 11, 12, and 14.
`
`30
`
`
`
`
`
`Claims 1-7 are Obvious in view of
`the prior art
`
`
`31
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, p. 8.
`
`32
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, pp. 9-11.
`
`33
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, p. 11.
`
`34
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, pp. 11-13.
`
`35
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, pp. 13-14.
`
`36
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, p. 15.
`
`37
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, p. 15.
`
`38
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, p. 15.
`
`39
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, p. 16.
`
`40
`
`
`
`Vuori Teaches Independent Claim 1
`
`Source: Petition, pp. 16-17.
`
`41
`
`
`
`The Combination of Vuori and Malik Teaches
`Claims 2-7
`
`Source: Petition, pp. 17-21.
`
`42
`
`
`
`The Combination of Vuori and Malik Teaches Claim 2
`
`Source: Petition, pp. 21-22.
`
`43
`
`
`
`The Combination of Vuori and Malik Teaches Claim 3
`
`Source: Petition, pp. 22-25.
`
`44
`
`
`
`The Combination of Vuori and Malik Teaches Claim 4
`
`Source: Petition, pp. 25-27.
`
`45
`
`
`
`The Combination of Vuori and Malik Teaches Claim 5
`
`Source: Petition, pp. 27-28.
`
`46
`
`
`
`The Combination of Vuori and Malik Teaches Claim 6
`
`Source: Petition, pp. 28-29.
`
`47
`
`
`
`The Combination of Vuori and Malik Teaches Claim 7
`
`Source: Petition, pp. 29-33.
`
`48
`
`
`
`Conclusion
`
` Vuori teaches or suggests each claim 1 limitation.
`
` The combination of Vuori and Malik teach claims 2-7.
`
` The term “list” encompasses “one or more.”
`
` Uniloc advances two incorrect arguments
`
`1. PO incorrectly argues that Petitioner’s “on a line” theory fails to
`prove obviousness because Vuori’s SVM watcher is not user-
`facing (EX2001, Easttom Decl., ¶29) and,
`
`2. PO incorrectly argues that Petitioner’s “buddy list” theory fails to
`prove obviousness because Vuori does not disclose or suggest
`its “‘buddy list’ is ‘a list of the recorded connectivity status for
`each of the nodes.’” (POR, 14-16.)
`
`
`
`Source: Petitioner’s Reply, p. 5.
`
`49
`
`
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