INTER PARTES REVIEW
`U.S. PATENT NO. 6,728,766
`ORAL ARGUMENT, AUGUST 7, 2018
`
`Ubisoft, Inc. and Square Enix, Inc. v. Uniloc USA, Inc. and Uniloc Luxembourg S.A.
`Case No. IPR2017-01291
`
`Petitioner’s DX-1
`
`
`U.S. PATENT NO. 6,728,766
`ORAL ARGUMENT, AUGUST 7, 2018
`
`Ubisoft, Inc. and Square Enix, Inc. v. Uniloc USA, Inc. and Uniloc Luxembourg S.A.
`Case No. IPR2017-01291
`
`Petitioner’s DX-1
`
`
`
`INSTITUTED GROUNDS
`
`} Originally Instituted Method Claims
`} Claims 1 and 3 are anticipated by Olsen (Ex. 1002)
`See Petition [Paper 1] at 8-21; Institution Decision [Paper 9] at 18.
`
`} Newly-Instituted Means-Plus-Function Claims
`} Claims 7, 9, 13, and 15 are anticipated by Olsen
`See Petition [Paper 1] at 21-31; Order [Paper 16] at 2; Order of Conduct
`[Paper 18] at 2.
`
`Petitioner’s DX-2
`
`
`
`PO DISPUTES TWO ASPECTS OF A
`
`PO DISPUTES TWO ASPECTS OF A
`SINGLE LIMITATION
`
`SINGLE LIMITATION
`
`receiving at the license management servera reguest for
`a license availability of a selected one of the plurality
`of application programsWheat;
`
`Ex. 1001 at Claim 1(b)
`Ex. 1001 at Claim |(b)
`
`Petitioner’s DX-3
`Pe’ri’rioner's DX—3
`
`
`
`OLSEN TEACHES THAT LICENSES ARE
`
`OLSEN TEACHES THAT LICENSES ARE
`ASSIGNED WITH A USER
`
`ASSIGNED WITH A USER
`
`When a license is installed in LSP110.—
`mnchine. group.
`
`container. —The assignments are suit-
`
`ably additive. such that multiple groups. machines. users. or
`containers may be assigned to a single certificate Similarly.
`Ex. 1002 at 8:29-35 (Petition at 9, 12, 14)
`EX. 1002 GT 8:29—35 (Pe’ri’rion of 9, 12, 14)
`
`Reply [Paper 15] at 2-5; PO Response [Paper 13] at 9
`Reply [Paper 15] of 2—5; PO Response [Paper 13] of 9
`
`Petitioner’s DX-4
`Pe’ri’rioner’s DX-4
`
`
`
`OLSEN TEACHES RECEIVING A REQUEST
`OLSEN TEACHES RECEIVING A REQUEST
`FROM A USER
`
`FROM A USER
`
`106 may request licenses for access to applications. Refer-
`‘
`
`now to FIGS. BA-B.
`
`If all information is predetermined. no further information
`may be required. An output destination from which the
`Ex. 1002 at 10:43-11:2 (reproduced in Petition at 13); Reply [Paper 5] at 1-2.
`Ex.
`|002 at |0:43-| |:2 (reproduced in Petition at I3); Reply [Paper 5] at I-2.
`
`”-A— vvvvvv —-.J v- Tr ------ r— ‘a_—-—a -wv vv-Ivv-r v—
`(APIs) for acquiring and managing licenses._
`-the client assembles a request having the desired
`license criteria. such as the publisher. product. version. and
`number of license unite-—
`
`Ex. 1002 at 2:38-47 (reproduced in Petition at 14)
`Ex.
`|002 at 2:38-47 (reproduced in Petition at I4)
`
`Petitioner’s DX-5
`Pe’ri’rioner’s DX—5
`
`
`
`OLSEN TEACHES RECEIVING A REQUEST
`OLSEN TEACHES RECEIVING A REQUEST
`FROM A USER
`
`FROM A USER
`
`nsin the information in the buffer.
`
`
`
`existing license assignments. an the saw u
`’
`ori
`'nall
`installed.
`
`
`
`— E
`
`Ex. 1002 at 11:29-48 (Petition at 14, 16-18)
`X. 1002 GT 11:29—48 (PeTi’rion OT 14, 16—18)
`
`Petitioner’s DX-6
`Pe’ri’rioner’s DX—6
`
`
`
`“REQUEST FOR A LICENSE AVAILABILITY”
`”REQUEST FOR A LICENSE AVAILABILITY”
`
`for the
`is an authorized user
`If the requesting user
`requested application, the server system 22 accepts a license
`
`request from the application (block 288).
`
`
`
`(block 286). The error
`message may take the form 0 an unavailability indication
`provided to client station 202 if the license availability
`information obtained from a license management server,
`which may be system server 22 or other another server on
`the network,
`indicates no licenses are available for the
`requesting user.
`
`and error and trace logging
`operations are enabled to receive error and trace log entries
`if they are sent from the application (block 290). Server
`Ex. 1003 (‘466 Patent Incorporated by Reference into ‘766 Patent) at 16:43-56;
`Ex. 1003 (‘466 Potent Incorporated by Reference into ‘766 Potent) 0T 16:43—56;
`see also id. at 13:57-62 (Reply at 6-7)
`see also id. of 13:57—62 (Reply of 6—7)
`
`Petitioner’s DX-7
`Petitioner’s DX—7
`
`
`
`OLSEN TEACHES A “REQUEST FOR A
`OLSEN TEACHES A ”REQUEST FOR A
`LICENSE AVAILABILITY”
`LICENSE AVAILABILITY”
`
`
`
`
`
`Ex. 1002 (Olsen) at 10:66-67 (Petition at 13)
`Ex. 1002 (Olsen) OT 10:66—67 (Peli’rion of 13)
`
`“EV.” “v vvmvw V-
`
`“J'— u--——w—J —-—-———— -
`
`cannot be found If insuficient license units were located
`(st
`834). a detailed error code indicating the grounds for
`
`dip—Wm]gttherW
`the transactional database (step 836). If the appropriate
`bufi‘ers are located. however. the license certificate object
`suitably gants the license based on the various policy
`attributes. The resultin license is suitabl
`s '
`ed to client
`106. suitably in binary form along with the application and
`the license handle (step 838). When client 106 receives 3
`Ex. 1002 (Olsen) at 12:36-44; see id. at at 12:7-9
`Ex. 1002 (Olsen) 0T 12:36—44; see id. 0T of 1227—9
`(Reply at 8)
`(Reply of 8)
`
`Petitioner’s DX-8
`Peli’rioner’s DX—8
`
`
`
`OLSEN TEACHES A “REQUEST FOR A
`OLSEN TEACHES A ”REQUEST FOR A
`LICENSE AVAILABILITY”
`LICENSE AVAILABILITY”
`
`ASSEMBLE AND
`TRANSMIT REQUEST
`
`808
`
`,
`
`SELECT NEXI’
`
`LSP 62 SEARCH
`
`Ex. 1002 (Olsen) at Fig. 8A (excerpts)
`Ex. 1002 (Olsen) of Fig. 8A (excerst)
`(Petition at 15; Reply at 2)
`(PeTi’rion GT 15; Reply of 2)
`
`Petitioner’s DX-9
`Pe’ri’rioner’s DX—9
`
`
`
`“Means for Maintaining” (Claims 7 and 13)
`
`Function:
`maintaining license management policy information for a plurality of
`application programs at a license management server, the license
`management policy information including at least one of a user identity
`based policy, an administrator policy override definition or a user
`policy override definition
`Element 1(a):
`
`Petitioner’s DX-10
`
`
`
`The Board’s Construction of
`“Means for Maintaining”
`
`} The Board construed the “means for maintaining”
`limitation (claims 7, 9, 13, and 15) as follows:
`} Function: maintaining license management policy information for a
`plurality of application programs at a license management server,
`the license management policy information including at least one
`of a user identity based policy, an administrator policy override
`definition or a user policy override definition
`} Structure: a processor programmed to carry out the algorithms
`for maintaining license management policy information for a
`plurality of application programs at a license management server,
`where the algorithms are setting policies such as limiting the
`number of users, whether crossing the limit of users is allowed or
`not, and how users are counted
`Institution Decision [Paper 9] at 6-8, 16
`
`Petitioner’s DX-11
`
`
`
`Board’s Structure
`a processor programmed
`to carry out the algorithms
`for maintaining license
`management policy
`information for a plurality
`of application programs at
`a license management
`server, where the
`algorithms are setting
`policies such as limiting
`the number of users,
`whether crossing the limit
`of users is allowed or not,
`and how users are
`counted
`
`Evidence Presented in Petition
`
`Petition at 22
`
`See also Preliminary Response [Paper 7] at 19-20
`Petition at 22; Institution Response Brief [Paper 21] at 4
`
`Petitioners’ DX-12
`
`
`
`Board’s Structure
`a processor programmed
`to carry out the algorithms
`for maintaining license
`management policy
`information for a plurality
`of application programs at
`a license management
`server, where the
`algorithms are setting
`policies such as limiting
`the number of users,
`whether crossing the limit
`of users is allowed or not,
`and how users are
`counted
`
`Evidence Presented in Petition
`
`Ex. 1002 (Olsen) at 9:22-37
`
`******
`
`******
`
`Ex. 1002 (Olsen) at 9:43-63
`Petition at 11-12; Institution Response Brief [Paper 21] at 5-6
`
`Petitioners’ DX-13
`
`
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