`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________
`
`
`APPLE INC.,
`Petitioner
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner
`
`__________________________
`
`Case No. IPR2017-01993
`U.S. Patent No. 9,414,199
`__________________________
`
`
`PETITIONER APPLE INC.’S DEMONSTRATIVE EXHIBITS
`
`APPLE EXHIBIT 1020
`
`
`
`Apple Inc. v. Uniloc 2017 LLC
`
`Petitioner Apple’s Demonstrative Exhibits
`
`Patent Trial and Appeal Board, Case IPR2017-01993
`December 4, 2018
`
`Apple Demonstrative - 1
`
`
`
`Overview
`
`Overview of ’199 Patent
`
`Grounds Instituted
`
`Claim Construction
`
`Grounds 1 and 2
`
`Grounds 3 and 4
`
`Apple Demonstrative - 2
`
`
`
`’199 Patent
`
`Ex-1001 at Cover
`
`Apple Demonstrative - 3
`
`
`
`’199 Patent – Claim 1
`
`If predicted to be:
`• “at … one or more
`predetermined locations”
`• “within the predetermined
`maximum amount of time”
`• “with at least the
`predetermined likelihood”
`
`Then:
`• perform “one or more
`predetermined actions”
`
`Ex-1001 at Claim 1
`
`Apple Demonstrative - 4
`
`
`
`’199 Patent – Department Store Example
`
`If predicted to be:
`• “at … one or more
`predetermined locations”
`• “within the predetermined
`maximum amount of time”
`• “with at least the
`predetermined likelihood”
`
`Then:
`• perform “one or more
`predetermined actions”
`
`Paper 1 (Pet.) at 5, 57; Paper 15 (Rep.) at 5; Ex-1001 at 1:52-64
`
`Apple Demonstrative - 5
`
`
`
`Overview
`
`Overview of ’199 Patent
`
`Grounds Instituted
`
`Claim Construction
`
`Grounds 1 and 2
`
`Grounds 3 and 4
`
`Apple Demonstrative - 6
`
`
`
`Grounds Instituted
`
`Ground
`
`Prior Art
`
`1
`
`2
`
`3
`
`4
`
`Blegen + Monteverde
`
`Blegen + Monteverde + Schmidt
`
`Charlebois + Gillies
`
`Charlebois + Gillies + Froloff
`
`Claims
`
`1 and 2
`
`3-5
`
`1-5
`
`1-5
`
`Paper 10 (Inst. Dec.) at 43; Paper 13 at 3
`
`Apple Demonstrative - 7
`
`
`
`Overview
`
`Overview of ’199 Patent
`
`Grounds Instituted
`
`Claim Construction
`
`Grounds 1 and 2
`
`Grounds 3 and 4
`
`Apple Demonstrative - 8
`
`
`
`Claim Construction
`
`Claim Term
`“within the
`predetermined
`maximum amount
`of time”
`
`Petitioner
`Plain and ordinary
`meaning
`
`Patent Owner
`a predetermined
`maximum quantity of
`time starting from
`when the “predicting”
`calculation is executed
`
`DISPUTE
`
`whether “within the predetermined maximum amount
`of time” limited to time period starting at “present”
`
`Institution Decision:
`• time period not limited to present and may begin in the future
`• “amount” means “the total number or quantity”
`
`Paper 10 (Inst. Dec.) at 9; Paper 14 (Resp.) at 14; Paper 15 (Rep.) at 3-13
`
`Apple Demonstrative - 9
`
`
`
`Impact of Claim Construction Dispute
`
`Ground
`
`Prior Art
`
`Claims
`
`1
`
`2
`
`3
`
`4
`
`Blegen + Monteverde
`
`1 and 2
`
`Blegen + Monteverde + Schmidt
`
`3-5
`
`Grounds 1-2 disclose
`“predetermined …
`time” limitation
`under plain meaning
`
`Charlebois + Gillies
`
`Charlebois + Gillies + Froloff
`
`1-5
`
`1-5
`
`Grounds 3-4 disclose
`“predetermined …
`time” limitation
`under plain meaning
`and PO’s construction
`
`Paper 15 (Rep.) at 1-3
`
`Apple Demonstrative - 10
`
`
`
`Claim Construction Dispute
`
`Claim Term
`“within the
`predetermined
`maximum amount
`of time”
`
`Petitioner
`Plain and ordinary
`meaning
`
`Patent Owner
`a predetermined
`maximum quantity of
`time starting from
`when the “predicting”
`calculation is executed
`
`Patent Owner’s construction:
`• Excludes embodiments disclosed in specification
`• Inconsistent with file history
`• Contradicts plain meaning
`
`Paper 15 (Rep.) at 3-13
`
`Apple Demonstrative - 11
`
`
`
`PO’s Construction Excludes Embodiments
`
`Claim Term
`“within the
`predetermined
`maximum amount
`of time”
`
`Petitioner
`Plain and ordinary
`meaning
`
`Patent Owner
`a predetermined
`maximum quantity of
`time starting from
`when the “predicting”
`calculation is executed
`
`Paper 15 (Rep.) at 5-8; Ex-1001 at 1:51-64, 2:18-27
`
`Apple Demonstrative - 12
`
`
`
`PO’s Construction Excludes Embodiments
`
`Claim Term
`“within the
`predetermined
`maximum amount
`of time”
`
`Petitioner
`Plain and ordinary
`meaning
`
`Patent Owner
`a predetermined
`maximum quantity of
`time starting from
`when the “predicting”
`calculation is executed
`
`Paper 1 (Pet.) at 5, 23, 56-57; Paper 15 (Rep.) at 5-8; Ex-1001 at 1:52-64, 2:17-27
`
`Apple Demonstrative - 13
`
`
`
`Specification’s Disclosure of “Current Context”
`
`Paper 15 (Rep.) at 5-8, 18; Paper 21 (Surreply) at 2-3; Ex-1001 at 1:47-64
`
`Apple Demonstrative - 14
`
`
`
`Claim Language Not Limited to Present
`
`’199 Patent Claim 1
`
`Board’s Institution Decision:
`
`Ex-1001 at Claim 1; Paper 10 (Inst. Dec.) at 8
`
`Apple Demonstrative - 15
`
`
`
`Petitioner’s Undisputed Expert Testimony
`
`Ex-1003 (Robins Decl.) at ¶¶ 45 and 70; Paper 1 (Pet.) at 17-18; Paper 15 (Reply) at 12-13
`
`Apple Demonstrative - 16
`
`
`
`PO’s Construction Contradicts File History
`During prosecution, PO distinguished Tseng for failing to disclose
`a “time window … in the future”:
`
`Paper 15 (Rep.) at 8-9; Ex-1003 at 31
`
`Apple Demonstrative - 17
`
`
`
`Improper to Import Limitation Into Claim
`
`“We have cautioned against reading limitations into a
`claim from the preferred embodiment described in the
`specification, even if it is the only embodiment
`described, absent clear disclaimer in the specification.”
`In re Am. Acad. of Sci. Tech Ctr., 367 F.3d 1359, 1369 (Fed. Cir. 2004)
`
`Paper 15 (Reply) at 12; Paper 21 (Sur-Reply) at 7
`
`Apple Demonstrative - 18
`
`
`
`Plain Meaning of “Within”
`
`Claim Term
`“within the
`predetermined
`maximum amount
`of time”
`
`Petitioner
`Plain and ordinary
`meaning
`
`Patent Owner
`a predetermined
`maximum quantity of
`time starting from
`when the “predicting”
`calculation is executed
`
`Ex-1019 at 1359; Paper 15 (Rep.) at 11
`
`Apple Demonstrative - 19
`
`
`
`Overview
`
`Overview of ’199 Patent
`
`Grounds Instituted
`
`Claim Construction
`
`Grounds 1 and 2
`
`Grounds 3 and 4
`
`Apple Demonstrative - 20
`
`
`
`Grounds 1 and 2
`PO did not dispute that Ground 1 and 2 render obvious all claims under
`Petitioner’s position on the “predetermined … time” term.
`
`Ground
`
`Prior Art
`
`Claims
`
`Grounds 1-2 disclose
`“predetermined …
`time” limitation
`under plain meaning
`
`1
`
`2
`
`3
`
`4
`
`Blegen + Monteverde
`
`1 and 2
`
`Blegen + Monteverde + Schmidt
`
`3-5
`
`Charlebois + Gillies
`
`Charlebois + Gillies + Froloff
`
`1-5
`
`1-5
`
`Paper 15 (Rep.) at 13-14; Paper 14 (Resp.) at 14-19
`
`Apple Demonstrative - 21
`
`
`
`Grounds 1 and 2: Blegen
`
`Paper 1 (Pet.) at 20; Ex-1004 at Fig. 6
`
`Apple Demonstrative - 22
`
`
`
`Grounds 1 and 2: Blegen
`
`Blegen:
`
`If predicted to be:
`• “at … one or more
`predetermined locations”
`• “within the predetermined
`maximum amount of time”
`• “with at least the
`predetermined likelihood”
`
`Then:
`• perform “one or more
`predetermined actions”
`
`. . .
`
`Paper 1 (Pet.) at 16-21; Ex-1004 at [0037], [0067]
`
`Apple Demonstrative - 23
`
`
`
`Grounds 1 and 2: Monteverde
`
`Monteverde:
`
`If predicted to be:
`• “at … one or more
`predetermined locations”
`• “within the predetermined
`maximum amount of time”
`• “with at least the
`predetermined likelihood”
`
`Then:
`• perform “one or more
`predetermined actions”
`
`Paper 1 (Pet.) at 21-23; Ex-1005 at [0074], [0076]
`
`Apple Demonstrative - 24
`
`
`
`Grounds 1 and 2: Motivation to Combine
`• PO does not challenge motivation to combine
`Blegen and Monteverde
`• The Board found sufficient motivation to combine:
`
`Paper 10 (Inst. Dec.) at 14
`
`Apple Demonstrative - 25
`
`
`
`Grounds 3 and 4
`
`Ground
`
`Prior Art
`
`Claims
`
`1
`
`2
`
`3
`
`4
`
`Blegen + Monteverde
`
`1 and 2
`
`Blegen + Monteverde + Schmidt
`
`3-5
`
`Charlebois + Gillies
`
`Charlebois + Gillies + Froloff
`
`1-5
`
`1-5
`
`Grounds 3-4 disclose
`“predetermined …
`time” limitation
`under plain meaning
`and PO’s construction
`
`Paper 15 (Rep.) at 1-3
`
`Apple Demonstrative - 26
`
`
`
`Ground 3: Charlebois
`
`Paper 1 (Pet.) at 50; Ex-1007 at Fig. 42
`
`Apple Demonstrative - 27
`
`
`
`Ground 3: Gillies
`
`If predicted to be:
`• “at … one or more
`predetermined locations”
`• “within the predetermined
`maximum amount of time”
`• “with at least the
`predetermined likelihood”
`
`Then:
`• perform “one or more
`predetermined actions”
`
`Paper 1 (Pet.) at 55-59; Ex-1008 at [0032], [0054]
`
`Apple Demonstrative - 28
`
`
`
`Ground 3: Gillies Discloses Present Period
`
`Paper 1 (Pet.) at 56-57; Paper 15 (Rep.) at 15; Ex-1008 at [0032], [0037]
`
`Apple Demonstrative - 29
`
`
`
`Ground 3: Charlebois + Gillies
`
`Apple’s Petition (addressing [1c])
`
`[1a]
`
`[1b]
`[1c]
`
`[1d]
`
`[1e]
`
`Paper 1 (Pet.) at 60-61; Ex-1001 at Claim 1
`
`Apple Demonstrative - 30
`
`
`
`Ground 3: Motivation to Combine
`Institution Decision:
`
`Paper 10 (Inst. Dec.) at 38
`
`Apple Demonstrative - 31
`
`
`
`Ground 3: PO Fails to Distinguish Charlebois/Gillies
`
`• PO argues that Gillies disclose multiple time periods
`• Claim 1 not limited to single time period
`• Gillies discloses single time period
`
`Paper 15 (Rep.) at 17-18; Ex-1008 at [0037]
`
`Apple Demonstrative - 32
`
`
`
`Ground 3: PO Fails to Distinguish Charlebois/Gillies
`
`• PO argues that Gillies’s “target area” is not a “location”
`
`• ’199 Patent also discloses a target area
`
`’199 Patent’s “location”:
`
`Gillies’s “location”:
`
`Paper 15 (Rep.) at 21-22; Ex-1001 at 4:50-58; Ex-1008 at Fig. 4A
`
`Apple Demonstrative - 33
`
`
`
`Ground 4: Froloff Discloses Present Period
`
`Froloff discloses “time radius” from present time:
`
`Paper 1 (Pet.) at 68-70; Ex-1009 at [0059]
`
`Apple Demonstrative - 34
`
`
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