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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., WHATSAPP INC.,
`and LG ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01427
`Patent 8,995,433 B2
`____________
`
`Record of Oral Hearing
`Held August 30, 2018
`___________
`
`
`
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`
`
`
`
`
`
`
`
`

`

`Case IPR2017-01427
`Patent 8,995,433 B2
`
`
`
`APPEARANCES:
`
`ON BEHALF OF THE PETITIONER LG ELECTRONICS, INC.:
`
`
`ANAND K. SHARMA, ESQUIRE
`CORY BELL, ESQUIRE
`JOSHUA GOLDBERG, ESQUIRE
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`
`
`ON BEHALF OF THE PETITIONER FACEBOOK, INC. and WHATSAPP,
`INC.:
`
`
`HEIDI KEEFE, ESQUIRE
`LOWELL MEAD, ESQUIRE
`ANDREW MASE, ESQUIRE
`Cooley, LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`
`
`
`ON BEHALF OF THE PATENT OWNER:
`
`
`BRETT MANGRUM, ESQUIRE
`RYAN LOVELESS, ESQUIRE
`Mangrum Law Firm
`2001 Ross Avenue
`Dallas, TX 75201
`
`
`
`
`The above-entitled matter came on for hearing on Thursday, August
`
`30, 2018, commencing at 11:00 a.m., at the U.S. Patent and Trademark
`Office, Texas Regional Office, 207 South Houston Street, #159, Dallas,
`Texas, 75202.
`
`
`
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`2
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
`
`P R O C E E D I N G S
`- - - - -
` JUDGE QUINN: We're here for the first session of the
`day in IPR2017-1427 concerning Patent Number 8,995,433.
` The parties on the petitioner's side are Facebook,
`Inc., WhatsApp, Inc., and LG Electronics, Inc.
` And on the patent owner's side we have Uniloc USA
`and Uniloc Luxembourg S.A. Has that changed to Uniloc 2017 LLC
`yet? Do you know?
` MR. MANGRUM: Yes, Your Honor. I believe there's
`been an updated notice to that effect.
` JUDGE QUINN: Okay. So we'll state that for the
`record, that there is an update in the entity of patent owner.
` Okay. With me are Judges Charles Boudreau
` appearing -- or presiding in San Jose, California, and Judge
` Jennifer Bisk who joins us from the Madison Building in the
` USPTO Alexandria complex.
` Can you both hear us today?
` JUDGE BISK: Yes.
` JUDGE BOUDREAU: Yes.
` JUDGE QUINN: Okay. Have the exhibits -- not
`exhibits -- demonstratives been provided to the court
`reporter?
` COURT REPORTER: Yes, ma'am.
` JUDGE QUINN: Okay. All right. So we -- first, some
`instructions before we start.
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`Case IPR2017-01427
`Patent 8,995,433 B2
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` Demonstratives are not in evidence. As you know,
` they're just visual aids for us to conduct the oral hearing
` and understand your positions better.
` I didn't see any objections filed by either party on
` this case so -- but I will still state this instruction.
` That there are no speaking objections during either side's
` presentation. If you have any reason to object to either a
` slide or the content of your opponent's argument, you state
` that contention during your time.
` Is petitioner aware of that ruling? Yes.
` MR. SHARMA: Yes, Your Honor.
` JUDGE QUINN: Okay. Patent owner?
` MR. MANGRUM: Yes, Your Honor -- yes, Your Honor.
`Although there was an objection filed, but we can address that
`when we speak.
` JUDGE QUINN: Okay. You can address that when you
`speak.
` MR. MANGRUM: Yes, Your Honor.
` JUDGE QUINN: Okay. At this hearing, we have -- LG
`Electronics will be presenting. So at that -- at this time,
`we would like LG Electronics to make an appearance for the
`record.
` MR. SHARMA: Thank you, Your Honor. Anand Sharma
`from the Finnegan Law Firm. Also with me from Finnegan are
`Mr. Cory Bell, and then Mr. Josh Goldberg, all on behalf of
`petitioner LG Electronics.
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`Case IPR2017-01427
`Patent 8,995,433 B2
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` JUDGE QUINN: Okay. And Facebook, Inc. and WhatsApp,
`Inc., who are in this proceeding with respect to Claim 7 only,
`can you make appearance for the record, please?
` MS. KEEFE: Good morning, Your Honor. Heidi Keefe on
`behalf of Facebook from Cooley. And with me in the courtroom
`are Misters Lowell Mead and Andrew Mase.
` JUDGE QUINN: Okay. For patent owner, who do we have
`here presenting today?
` MR. MANGRUM: Brett Mangrum for the patent owner
`entities. I will be presenting today exclusively. With me is
`Ryan Loveless, also representing patent owner entities.
` JUDGE QUINN: Thank you.
` All right. We set this first session for 15 minutes
`of argument per side. Petitioner, who bears the ultimate
`burden of proof, will go first. You may reserve some rebuttal
`time. After that, patent owner will respond to petitioner's
`case, and, per the new guidance that we have in our trial
`practice guide, you may also reserve some rebuttal time if you
`wish to do so, but when you get up, if you'd let me know that
`you want that -- to take advantage of that.
` And with that, petitioners have the floor.
` Before you start, neither of my colleagues can see
` what you present here, so you need to identify the slide that
` you are presenting or the exhibit number that you're
` referring to so that they can follow along.
` MR. SHARMA: Thank you, Your Honor.
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
` JUDGE QUINN: Okay.
` MR. SHARMA: So, Your Honors, Anand Sharma again from
`Finnegan on behalf of the LG petitioners. With Your Honors'
`permission, I would like to reserve about five minutes for
`rebuttal.
` And there is an issue of estoppel. If it's deemed
`properly raised at this late stage, my colleague, Mr. Bell,
`will address that as part of our rebuttal.
` Our general view on estoppel is, as to LG, that issue
` has already been raised and addressed by the Board in Paper
` Number 30. Patent owner Uniloc has either raised its
` arguments then and lost, or it's failed to raise its argument
` soon thereafter as the Board requested in Paper Number 30 and
` waived those arguments. So in your view, for either reason,
` we believe the estoppel issue is a closed matter.
` But with respect to the patentability, the
` patentability of the '433 patent, that patent is generally
` claiming as its invention a system for transmitting instant
` voice messages over an IP network; for example, the internet.
` Now years earlier, there were already systems known
` for transmitting instant voice messages over the internet.
` The Zydney, Clark, and Appelman prior art references are
` examples of that earlier knowledge. And the combination of
` this prior art has been provided for in the petition, and has
` also been recognized in the Institution Decision that that
` prior art teaches all elements of Claims 1 through 8.
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
` Now, the patent owner has raised disputes as to
` certain elements, and I'd like to address those briefly.
` If we could please turn to Slide 5 of the
` demonstratives. On Slide 5, Claims 1 through 6 are
` presented. And there is some highlighted language. And
` based on that highlighted language on Slide 5, the patent
` owner is incorrectly arguing that the prior art does not
` disclose a message database that stores, deletes, or
` retrieves an instant voice message in response to a user
` request.
` We respectfully disagree. We believe the combination
` of Zydney and Clark discloses these very features.
` And moving to Slide 6. At Slide 6, the Zydney
` reference is shown on the left side of Slide 6. The Zydney
` reference discloses an instant voice messaging app, as shown
` in Figure 1A on Slide 6, as the Software Agent 22 for storing
` and sending instant voice messages, which is also referred to
` as -- on Figure 1A as Voice Container 26.
` JUDGE QUINN: I think the -- to short circuit this,
`because you don't have a lot of time -- the main issue here is
`claim scope, and the arguments that we have from patent owner
`are that the instant voice message must be stored in the
`database record. All of it also is stored within the same
`database where Clark, at left, discloses a merging of two
`different tables into a database.
` So your -- what is your best argument as to why the
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`Case IPR2017-01427
`Patent 8,995,433 B2
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` claims do not require storing the instant voice message
` within the record?
` MR. SHARMA: Thank you, Your Honor. This is
`addressed, if we could move to Slide 7 of the presentation.
`And this is the claim language we've highlighted here where it
`seems that the patent owner is trying to make this argument
`that the -- the claims are limited in the way you described.
` And the patent owner, when it tries to make this
` argument to limit the scope of the claims, points to the
` specification, particularly points to column 12, lines 36 and
` 40 of the specification. That's provided on the top portion
` of the right side in the blue box.
` And the patent owner is using that language to make
` the argument that the database record needs to be in the
` message database, and that same database record needs to
` include both the message identifier and the instant voice
` message.
` We disagree with that rewrite of the claims. We
` believe there's no basis to rewrite the claims in that
` fashion.
` When you look at the '433 patent specification, if
` you were to look at the same paragraph that patent owner
` cites to for reliance for its position, that paragraph begins
` at column 12, lines 6 through 8, with a description of what
` patent owner relies on as an exemplary illustration of the
` architecture.
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
` The same specification ends at column 23, lines 58 to
` 63, with a recognition that the described embodiments are not
` limiting.
` So if anything, what the patent owner cites to --
` JUDGE QUINN: Are you talking about the usual
`boilerplate language that says, "These things could be broader
`than described?"
` MR. SHARMA: That language is in some patents, it's
`not in others. But here, what I'm pointing to is that, as
`well as the very paragraph that the patent owner cites to
`which describes the reference that patent owner relies on as
`an exemplary embodiment.
` There's no language of disclaimer, there's no
`language of lexicography that would require a limitation of
`claim scope in the way that patent owner presents.
` And furthermore, if you look at the language in the
` specification that patent owner relies upon, it shows that
` the applicant knew how to narrowly draft the language, but
` when you look at the claims, there is a decision not to
` include that language in the claims.
` When you look at the claims, there is no language of
` a record of the message database, there's no language of a
` record, including a unique identifier and an instant voice
` message, nor is there any language, like appears in the
` specification, of each record comprising a message identifier
` and the instant voice message.
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
` So our view is the plain language should control.
` But Your Honors, moving to Slide 8, regardless of whether the
` plain meaning controls or patent owner's narrowed
` construction controls, the Clark system still meets the claim
` range.
` Clark includes two embodiments; there's an embodiment
` in Figure 5A and there's an embodiment in Figure 5B. Both
` of those embodiments disclose a record and a message database
` that includes message data and a unique identifier.
` If we were to move to Slide 9, Your Honors, Slide 9
` shows the first embodiment.
` JUDGE BISK: Mr. Sharma, if I could just interrupt
`for a second?
` Is message data an instant voice message?
` MR. SHARMA: The message data, when you have the
`combination of the references of Zydney and Clark, the
`electronic message, when you take the system of Clark and
`apply it to the instant voice messaging application of the
`Zydney reference, the electronic message is an instant voice
`message.
` JUDGE BOUDREAU: Are you relying on Zydney's voice
`container then to be the instant voice message in this
`context?
` MR. SHARMA: Yes, Your Honor.
` So the Clark reference provides just a general
`disclosure and understanding as to different systems for
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`Case IPR2017-01427
`Patent 8,995,433 B2
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`storing using a database structure. The Clark reference
`refers to electronic messages, provides examples of electronic
`messages, and also talks about how it could be used with any
`other present or future types of messaging. And the Zydney
`reference provides as its example of electronic message
`instant voice messaging through the voice container.
` JUDGE BOUDREAU: So is it your position then that the
`combination of Zydney and Clark would result in storage of
`Zydney's voice container within the database?
` MR. SHARMA: Yes, Your Honor. So --
` JUDGE BOUDREAU: All right. Thank you.
` MR. SHARMA: -- in looking at Figure 5A, this is an
`example of how it would work. The Clark reference, in
`Figure 5A, this is a situation where there is a catalog
`separate from a message stored in Figure 5A. And if you look
`at the lower portion of Figure 5A, when it refers to the
`message store, the Message Store 23 includes a Record 54.
`That Record 54 includes message data, as well as a unique
`identifier: Store message ID.
` If you look at the Clark reference at column 11,
`lines 50 through 54, when describing Figure 5A, it explains,
`for example, "When a message is added to a Message Store 23,
`the message storage server assigns a unique store message ID
`to the message and generates an event which informs the
`catalog server of the newly added message.
` That this unique identifier, store message ID, is
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`Case IPR2017-01427
`Patent 8,995,433 B2
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`also communicated to the catalog, doesn't change the fact that
`the Record 54 in the message store includes both message data
`and a unique store message ID. So that's the Figure 5A
`embodiment.
` If we were to move to Clark's Figure 5B embodiment on
` Slide 10. Here in Figure 5B the -- there's a combined
` catalog and message store. But if you look at the lower
` portion of Figure 5B, there is again a record, the record is
` 54 Prime, and that Record 54 Prime contains message data and
` a unique identifier referred to as message ID.
` Clark, at column 17, lines 1 through 23, includes a
` chart. This chart shows Message Summary Table 52. And on
` column 17, line 3 of that chart, there is a definition for
` message ID. That definition reads, "A non-zero value that
` uniquely identifies a row in Message Summary Table 52." So
` again here, we have in the same record message data and a
` unique identifier.
` So Clark, either under the plain language of the
` claims or patent owner's narrow construction, meets the
` limitation, and not just one embodiment, but two embodiments.
` Now, moving to Slide 11. The patent owner, in its
` response, has raised several arguments attacking the
` combination of Zydney and Clark references, but these
` arguments in patent owner's response are a repeat of the same
` arguments already rejected by the Board. I'm sorry.
` JUDGE QUINN: That's time.
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
` MR. SHARMA: Okay. If I could just make one point,
`and then I'll maybe shorten my rebuttal time? It has to do
`with Claim 7, and it's on Slide 18.
` Now, Claim 7 -- now these were the dependent claims,
` Claims 7 and 8. Again, here, the patent owner is repeating
` the same arguments that it presented in its preliminary
` papers, again in the response. They've already been
` considered and rejected by the Board, and we agree with the
` Board's bases.
` Now, in Claim 7, the patent owner here seems to be
` trying to change the language of the claim to require some
` ability to select and message an unavailable recipient.
` We view this as a complete rewrite of the claim
` language. But regardless of whether it's the plain meaning
` that controls or this narrowed construction being offered by
` the patent owner, the prior art meets the limitations.
` On Slide 20, the Appelman prior art reference -- I'm
` sorry -- on Slide 19, the Appelman prior art reference meets
` the claim language plainly. It shows a display of a buddy
` list that provides the availability of potential recipients.
` And then on Slide 20, the combination of Zydney and
` Appelman address patent owner's narrowed construction.
` Patent owner, in its response brief, at page 39 to 40,
` recognizes the two distinct modes of communication of the
` Zydney reference based on the status of the recipient.
` Zydney's software agent offers alternative ways to
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`Case IPR2017-01427
`Patent 8,995,433 B2
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` communicate to recipients, whether they're off or online.
` And the Appelman reference simply provides a visual display.
` JUDGE QUINN: The way I see the patent owner's
`argument on this is more specific as to whether you can use
`the Appelman display to select anything other than a currently
`online user. And the understand -- understanding, though, that
`Zydney does disclose that you can select both available and
`unavailable, but the display sort of limits that combination.
` So what is your -- what is your argument about what
` does Figure 3 really show to us?
` MR. SHARMA: Figure 3 is showing availability of
`users, whether they're logged in or logged out.
` Now, the Zydney reference, like Appelman, is an
`online communication system. The Zydney reference, like
`Appelman, includes lists as to whether an individual recipient
`is on or offline. They both include that.
` The Zydney reference even discloses ways of
`communicating -- alternative ways of communicating to
`recipient whether they are offline or online.
` What the Appelman reference is simply providing is
`that display feature. It's just providing that display that
`shows whether the recipient is on or offline, but the Zydney
`reference itself provides the teaching as to how to
`communicate with that the recipient, whether they're offline
`or online.
` JUDGE QUINN: Because there are two things here. I
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`Case IPR2017-01427
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`don't know that you answered my question. There is the issue
`that the claims themselves may or may not encompass the
`display of both online and offline, and that you have to be
`able to select intended recipients that have either of those
`indicia. Right?
` And then there is the second issue that if the claims
`do cover -- do require that the indication of who is the
`potential recipient -- that the potential recipients could be
`unavailable at the time, whether the combination with Appelman
`supports that theory.
` So what you just said responds to the second issue is
` that if the claim cover that you say Appelman would do it,
` because Figure 3 shows some people are in or out, but do you
` have any disclosures in Appelman that actually say you can
` select -- select Jane Roe, which is shown as out, to send her
` an instant voice message at any point?
` MR. SHARMA: The first argument, or point, Your
`Honor, is, first of all, the claim language doesn't require
`what the patent owner's stating. As far as when you look at
`the plain language of the claims, it doesn't require that.
` But if we were to take the assumption that the claim
`language does require that, the Zydney reference provides the
`full teachings on how to select unavailable recipients. And
`the Appelman reference, this is providing the visual
`display -- the visual display of selecting. And the selection
`is already provided for in the Zydney reference, as far as
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`Case IPR2017-01427
`Patent 8,995,433 B2
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`teachings on how to communicate whether the recipient is
`online or offline.
` JUDGE QUINN: No. I'm not understanding that. So
`you're relying on Zydney for the selecting part, but on
`Appelman for the display part.
` MR. SHARMA: It's the combination of both. You're
`taking a display system in Appelman, it's a display system,
`and you're providing that display system -- the person of
`ordinary skill in the art would use that display system in the
`teachings of Zydney. And in using the teachings of Sidney, it
`would use that display system to do what Zydney refers to as
`alternative ways to communicate with the recipient. So
`whether the recipient is online or offline, they can still be
`selected.
` JUDGE QUINN: Well, how do -- where in Appelman do
`you have selection of a recipient that is out? I mean, it may
`be displaying it, but you don't have anything else, from what
`I hear, just that you can select that person.
` MR. SHARMA: Can I address this in rebuttal so that I
`can get the Appelman reference and review it, Your Honor? But
`my view is that the combination of the two address the
`limitation, if that's even a proper limitation of the claim,
`which we believe it's not.
` JUDGE QUINN: Well, I would like for you to address
`it now because you're over your rebuttal time.
` MR. SHARMA: If I can grab the Appelman reference?
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`Case IPR2017-01427
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` JUDGE QUINN: Sure.
` (Pause in the proceedings)
` MR. SHARMA: Your Honor, our view would be, we would
`return to that same position, that Appelman provides the list
`as to whether a user is online or offline, and the
`communications with the users are based on whether they are
`online or offline. And the Zydney reference provides
`alternative ways of communicating with that user as to whether
`they are offline or online.
` JUDGE QUINN: Okay. Is that it?
` MR. SHARMA: Thank you, Your Honor.
` JUDGE QUINN: Okay. Thank you.
` (Pause in the proceedings)
` JUDGE QUINN: You can reserve whatever time you want,
`if you're going to take advantage of that, but now time is 21
`minutes to match you with the time that
`petitioner went over.
` MR. MANGRUM: To be clear, Your Honor, the petitioner
`is going to have five additional minutes and so --
` JUDGE QUINN: Actually, let me -- two additional
`minutes.
` MR. MANGRUM: Okay. I'd like to reserve five of my
`minutes, which would put me at --
` JUDGE QUINN: Okay.
` MR. MANGRUM: Did you say 21 minutes?
` JUDGE QUINN: So you'll have 12 minutes for your
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`Case IPR2017-01427
`Patent 8,995,433 B2
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`argument now, and five minutes for rebuttal.
` MR. MANGRUM: Okay. Thank you, Your Honor.
` In view of Your Honors' questions, I'd like to
` actually do my presentation a little in reverse and begin
` with Claim 7 to address some of the points that were just
` raised.
` And I want to first start with just the claim
` language. The limitation question is the instant voice
` messaging application displays an indicia for each of the one
` of our potential recipients indicating whether the potential
` recipients -- or potential recipient is currently available
` to receive an instant voice message.
` The reason why I want to emphasize that is you heard
` the petitioner repeatedly referring to a user in general.
` That in Appelman, what you see is a display of users. What
` the claim requires is a display of potential recipients. And
` that term comes from Claim 1. And it's clear from the
` specification and from Claim 1 that when we're talking about
` potential recipients, we're talking people who -- to whom
` someone -- or sorry -- we're talking about a recipient that
` can receive a message -- or they can be messaged.
` And the specification uses the term "potential
` recipient" in a manner that's independent of whether or not
` the recipient currently has an online or offline status.
` This is an advantage -- a technical advantage of the
` invention. The reason why is a user could generate and send
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`Case IPR2017-01427
`Patent 8,995,433 B2
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` an instant voice message even if the intended recipient has
` an offline status. So the system would then store the
` message and subsequently complete its transmission
` automatically when it is detected that the recipient is
` online.
` And I would direct Your Honors' attention to
` column 8, line 39 through 43 of the specification. This is
` disclosed there.
` Incidentally, it's also part of the claims. There's
` a -- Claim 26 references this concept of being able to
` message someone who is offline.
` And again, an advantage of this is, even if you know
` someone's offline, a user could send a message and know that
` the system automatically would track and maintain the
` connectivity status, and then for that sending user, make the
` message complete or be delivered to the person who is already
` identified as a potential recipient at the -- at the time
` that they connect online.
` JUDGE QUINN: So it looks like you're putting a lot
`of emphasis on the word "potential" in the phrase "potential
`recipient" as opposed to "intended recipient" that some of the
`claims have.
` MR. MANGRUM: Well, but also, it's not just potential
`recipient, it's the fact that there is a -- an instant voice
`message term at the end of that claim, if you notice. So what
`we're talking about here --
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
` JUDGE QUINN: What is the significance of that?
` MR. MANGRUM: That it's a -- it's a message that's
`already been created. So we're talking -- we're not talking
`about --
` In Appelman, it's -- let me distinguish it by talking
`about what goes on in Appelman. In Appelman's there's just an
`online status display. And if you -- if you see someone
`that's offline, what Appelman does not allow anyone to do is
`to create an instant voice message. It's called a -- there
`could be no existing instant voice message created and put
`into the system, sent to someone who has an offline status.
` JUDGE QUINN: But it says, "Whether the potential
`recipient is currently available to receive an instant voice
`message" -- it doesn't say "the instant voice message" -- and
`it could be that at that point it hasn't even been recorded
`yet.
` MR. MANGRUM: Well, our answer to that would simply
`be, if it says "an instant voice message", that that's a term.
`It's -- there is an -- it doesn't say "a hypothetical or even
`the potential instant voice message," it says, "an instant
`voice message."
` So we would say that there is an instant voice
`message called out in the claim. There are certain people
`that are potential recipients.
` And the reason why -- I think "potential" is an
`important word. Reason why "potential" is used here it is
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
`evocative of the teachings in the specification that a user
`advantageously can send a message. Can message people who are
`offline.
` And again, the advantage of that is you don't have to
`sit -- this is not a wait-and-see approach like Appelman. I
`want -- I want to create a message and send it, oh, but I see
`you're offline. I'm going to have to come back before I could
`do anything. I'm going to have to come back to my computer
`and wait -- personally wait until someone's online to message.
`Whereas the invention uses the word "potential" to distinguish
`this from the affirmed prior art in that the recipients, even
`if offline, are potential recipients. And that's important.
` So again, in this claim language, it's explicitly
`called out. It's reflecting the teaching that you could have
`someone that's offline, it doesn't say "thereby becoming a
`non-potential recipient."
` JUDGE QUINN: Well, assuming that -- assuming that --
`assuming that you're right -- and I'm not saying you are --
`that the Claims -- the Claim 7 does require there be some sort
`of option there to send to someone a message when they're not
`available. Okay?
` Why isn't just the disclosure of Appelman of giving
`you a list of the users and their status, in combination with
`Zydney, which does allow you to send a message to a recipient
`that is not available, why isn't that also the same thing that
`you're just talking about?
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`Case IPR2017-01427
`Patent 8,995,433 B2
`
` MR. MANGRUM: Well, for one, I don't remember seeing
`that particular argument in the petition. But to respond to
`the question, the -- it's interesting that you also, and the
`petitioner, used the word "user" in describing what's shown in
`Appelman, and I think that's a correct characterization, I
`think it is a user.
` Those people, the people that are displayed, are
`not -- certainly, in the instance of offline users, they're
`not potential recipients. And the missing limitation that's
`conceded, at a minimum, is a display of potential recipients,
`including potentially potential recipients who are offline.
` And so when they point to a user, and then point to
`the status next to them and say, "That is -- that's an offline
`user, and that's our potential recipient that's displayed,"
`our answer to that is it's not a potential recipient.
` JUDGE QUINN: Why not?
` MR. MANGRUM: Because those offline users, according
`to the teachings of Appelman, cannot -- they cannot receive --
`they cannot potentially receive a message, they're in an
`offline status. You can't even message them, is the problem.
`Therefore, because --
` JUDGE QUINN: Well, you may not be able to message
`them using Appelman's system, but you're using Zydney's
`messaging engine and everything else that Zydney discloses.
`You're not using Appelman's transmission protocol, you're
`using Zydney's.
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`Case IPR2017-01427
`Patent 8,995,433 B2
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` MR. MANGRUM: Well, I guess our emphasis again there
`is the -- what needs to be shown, the missing limitation, is a
`display of potential recipients. And an offline recipient --
`or an offline user is not a potential recipient.
` So when you -- when you look

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