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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
`
`

`

`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 server a request for
`a license availability of a selected one oftheplurality
`of application programs from_auseratachent;
`Ex. 1001 at Claim 1(b)
`Ex. 1001 at Claim |(b)
`
`Petitioner’s DX-3
`Petitioner’s DX-3
`
`

`

`OLSEN TEACHES THAT LICENSES ARE
`OLSEN TEACHES THAT LICENSES ARE
`ASSIGNED WITH A USER
`ASSIGNED WITH A USER
`
`Whena license is installed in LSP 110.theadministrator
`machine. 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 at 8:29-35 (Petition at 9, 12, 14)
`
`Reply [Paper 15] at 2-5; PO Response [Paper 13] at 9
`Reply [Paper 15] at 2-5; PO Response [Paper13] at 9
`
`Petitioner’s DX-4
`Petitioner's DX-4
`
`

`

`OLSEN TEACHES RECEIVING A REQUEST
`OLSEN TEACHES RECEIVING A REQUEST
`FROM A USER
`FROM A USER
`
`106 may request licemses for access to applications. Refer-
`i
`
`now to FIGS. 8A—-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. 1002 at 10:43-1 1:2 (reproduced in Petition at |3);Reply [Paper 5] at | -2.
`
`WJs WSS i Se ae ee Oe
`
`ws
`
`rr’ rr eS SS ree ere——r—eee——Ore
`
`(APIs) for acquiring and1managing licenses.
`
`
`
`e client assembles a request having the desired
`license criteria, such as the publisher, product, version, and
`
`number of license units.Thisinformationisprovidedwith
`
`Ex. 1002 at 2:38-47 (reproduced in Petition at 14)
`Ex. 1002 at 2:38-47 (reproduced in Petition at | 4)
`
`Petitioner’s DX-5
`Petitioner’s DX-5
`
`

`

`OLSEN TEACHES RECEIVING A REQUEST
`OLSEN TEACHES RECEIVING A REQUEST
`FROM A USER
`FROM A USER
`
`using
`
`the information in the buffer.
`
`installed.
`
`existing license assignments, and
`originally
`
`the raw n
`
`Ex. 1002 at 11:29-48 (Petition at 14, 16-18)
`Ex. 1002 at 11:29-48 (Petition at 14, 16-18)
`
`Petitioner’s DX-6
`Petitioner’s DX-6
`
`

`

`“REQUEST FOR A LICENSE AVAILABILITY”
`“REQUEST FOR A LICENSE AVAILABILITY”
`
`for the
`is an authorized user
`If the requesting user
`requestedapplication, the server system 22 accepts a license
`
`request from the application (block 288).
`
`message may take the form of 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 Patent Incorporated by Reference into ‘766 Patent) at 16:43-56;
`see also id. at 13:57-62 (Reply at 6-7)
`see also id. at 13:57-62 (Reply at 6-7)
`
`Petitioner’s DX-7
`Petitioner’s DX-7
`
`

`

`OLSEN TEACHES A “REQUEST FOR A
`OLSEN TEACHESA “REQUEST FOR A
`LICENSE AVAILABILITY”
`LICENSE AVAILABILITY”
`
`
`
`WS 44 eS =a WeVee we —s eer —— ween — Tee
`
`units consumedis,specified bythe API. Clienttransmits106
`
`
`
`therequesttoLSP110andwaitsforaresponse.
`Ex. 1002 (Olsen) at 10:66-67 (Petition at 13)
`Ex. 1002 (Olsen) at 10:66-67 (Petition at 13)
`cannot be found. If insufficient license units were ‘located
`(step
`$34), a detailed error code indicating the grounds for
`TenialoftherequestIsreturnedtoclient106andstoredinoftherequestisreturnedtoclient106andstoredin
`the transactional database (step 836). If the appropriate
`buffers are located, however. the license certificate object
`suitably grants the license based on the various policy
`attributes. The resulting license is suitably
`shipped to client
`106, suitably in binary form_along with the application and
`the license handle (step 838). When client 106 receives a
`Ex. 1002 (Olsen) at 12:36-44; see id. at at 12:7-9
`Ex. 1002 (Olsen) at 12:36-44; see id. at at 12:7-9
`(Reply at 8)
`(Reply at 8)
`
`Petitioner’s DX-8
`Petitioner’s DX-8
`
`

`

`OLSEN TEACHES A “REQUEST FOR A
`OLSEN TEACHESA “REQUEST FOR A
`LICENSE AVAILABILITY”
`LICENSE AVAILABILITY”
`
`ASSEMBLE AND
`TRANSMIT REQUEST
`
`508
`
`~
`
`SELECT NEXT
`
`LSP & SEARCH
`
`Ex. 1002 (Olsen) at Fig. 8A (excerpts)
`Ex. 1002 (Olsen) at Fig. 8A (excerpts)
`(Petition at 15; Reply at 2)
`(Petition at 15; Reply aft 2)
`
`Petitioner’s DX-9
`Petitioner’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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