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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`Huawei Device Co., LTD.,
`Petitioner,
`
`v.
`
`Fundamental Innovation Systems International LLC,
`Patent Owner.
`___________________
`
`Case IPR2018-00485
`Patent No. 7,834,586
`___________________
`
`
`
`
`DECLARATION OF DR. KENNETH FERNALD IN SUPPORT OF
`PATENT OWNER'S PRELIMINARY RESPONSE
`
`
`
`
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
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`TABLE OF CONTENTS
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`Page
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`I.
`
`II.
`
`INTRODUCTION .................................................................................. 1
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`USB 2.0 .................................................................................................. 5
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`A. USB Enumeration ........................................................................ 6
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`III. THE ROLE OF THE SE1 SIGNAL .................................................... 14
`
`A.
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`SE1 Disables USB Communications ......................................... 15
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`1.
`
`2.
`
`3.
`
`Samsung Expert's Testimony ........................................... 15
`
`The Panel Decision In IPR2018-00111 ........................... 18
`
`Effect of SE1 On Power .................................................. 19
`
`B.
`
`Use Of SE1 In Cited References ................................................ 22
`
`IV. ANALOGOUS ART ............................................................................ 27
`
`A.
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`Shiga Is Not Analogous Art ....................................................... 27
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`V.
`
`THEOBALD AND SHIGA DO NOT RENDER THE CLAIMS
`OBVIOUS ............................................................................................ 28
`
`A.
`
`B.
`
`C.
`
`Petitioner's Combination Does Not Render Obvious
`Having An "Identification Signal Being Different Than
`USB Enumeration" (Claims 1-2, 8-9) ........................................ 28
`
`Petitioner's Combination Does Not Render Obvious "A
`Microprocessor And Memory To Process The Signals
`Received On The USB Interface Lines (Claims 11-12) ............ 32
`
`It Would Not Be Obvious To Combine Theobald USB
`2.0 And Shiga. ............................................................................ 34
`
`1.
`
`There Would Have Been No Reasonable
`Expectation That Using A SE1 Signal On USB
`Data Lines Would Succeed .............................................. 35
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`2.
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`3.
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`4.
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`Petitioner Ignores Theobald's Instruction To Use
`"A Suitable High Speed Data Communication
`Protocol." ......................................................................... 39
`
`Enumeration Can Be Used For Identification Of
`Non-Standard Power Sources .......................................... 40
`
`Petitioner Ignores Alternative Means Of
`Identification .................................................................... 42
`
`a)
`
`b)
`
`c)
`
`"Resistor Embodiment" Uses Only A Single
`Audio Line And Electrical Values Not
`Conflicting With Existing Protocols ..................... 43
`
`Petitioner Ignores Identification Pin ..................... 44
`
`Petitioner Ignores Signaling Over Power
`Lines ...................................................................... 45
`
`5.
`
`Theobald Would Not Consider A USB Connector
`To Be A "Suitable" Replacement .................................... 45
`
`a)
`
`b)
`
`USB Does Not Replicate The Functions Of
`A J3 Connector ...................................................... 46
`
`USB Does Not Allow For Backwards
`Compatibility ......................................................... 47
`
`VI. DOUGHERTY AND SHIGA DO NOT RENDER THE
`CLAIMS OBVIOUS ............................................................................ 49
`
`A.
`
`B.
`
`C.
`
`Petitioner's Combination Does Not Render Obvious
`"Having An Identification Signal Being Different Than
`USB Enumeration" (Claims 1-2, 8-9) ........................................ 49
`
`Petitioner's Combination Does Not Render Obvious "A
`Microprocessor And Memory To Process The Signals
`Received On The USB Interface Lines (Claims 11-12) ............ 51
`
`It Would Not Be Obvious To Combine Shiga With
`Dougherty And The Other References. ..................................... 53
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`1.
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`2.
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`3.
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`4.
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`5.
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`There Would Have Been No Reasonable
`Expectation That Using A SE1 Signal On USB
`Data Lines Would Succeed .............................................. 53
`
`Enumeration Can Be Used For Identification Of
`Non-Standard Power Sources .......................................... 57
`
`Petitioner Ignores Alternative Means Of
`Identification .................................................................... 59
`
`Petitioner's Proposal Does Not Account For
`Unintentionally Generated SE1 Signals. ......................... 59
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`Petitioner's Modification Would Not Function In
`Dougherty's "Dead Battery" Scenario ............................. 61
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`I.
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`INTRODUCTION
`1. My name is Kenneth Fernald, Ph.D. My qualifications are
`
`summarized below and are addressed more fully in my CV attached as
`
`EXHIBIT A.
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`2.
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`For 30-years I have been involved in the design of integrated
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`circuits. A large portion of my work has involved the design of integrated
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`circuits that involve power management, battery charging and USB control.
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`I have designed USB controllers that have sold in the hundreds of millions of
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`units, and I was intimately involved in this field during the time of the patents
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`at issue in this case.
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`3.
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`I earned my Bachelor of Science and Master of Science degrees in
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`Electrical Engineering from North Carolina State University (NCSU) in 1985
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`and 1987. During this period I worked for the Space Electronics Group
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`developing software for predicting the effects of radiation environments on
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`integrated circuits. I also consulted for the Naval Research Laboratory (NRL).
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`My services to NRL included the design of dosimetry instrumentation and the
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`execution of radiation studies on electronic devices at various facilities around
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`the United States. I joined NASA Langley Research Center in 1987 where I
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`designed motor control instruments and firmware for ground and space station
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`experiments.
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`4.
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`I returned to NCSU in 1988 to earn my Ph.D. in Electrical
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`Engineering. My doctoral research efforts were funded by the National
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`Science Foundation and focused on the development of medical systems
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`utilizing wireless digital telemetry. My work included a thorough investigation
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`of medical telemetry technology and design of a microprocessor-based system
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`for the fast prototyping of implantable medical instruments. I also completed
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`the design and testing of various components of this system, including a
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`bidirectional digital telemetry integrated circuit (IC) and a general-purpose
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`sensor interface and conversion IC. I completed my Ph.D. in 1992, after which
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`I joined Intermedics Inc. in Angleton, Texas.
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`5. My responsibilities at Intermedics included system and circuit
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`design of telemetry, signal-processing, and control ICs for medical devices.
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`Examples include the design of a sensor acquisition, compression, and storage
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`IC for implantable pacemakers and defibrillators. I also worked on advanced
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`wireless digital telemetry technology, control ICs for therapy delivery in
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`defibrillators, and software development for sensor waveform compression and
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`recovery. I left Intermedics in 1998 to join Analog Devices Inc. in Greensboro,
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`NC.
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`6. My work at Analog Devices included the design of advanced ICs
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`for wireless digital communication devices. Specific projects included the
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`design, debug, and testing of a base-band receiver IC for digital satellite
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`systems. This IC performed QPSK demodulation, symbol recovery, and
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`forward-error correction for high-bandwidth wireless video signals. I also
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`performed system design for a CDMA base-band transceiver IC for personal
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`communication devices.
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`7.
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`I rejoined Intermedics in 1998 as the first employee of an IC
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`design group in Austin, Texas. I continued to work on next-generation medical
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`telemetry ICs until Intermedics was acquired by Guidant in 1999. At that time
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`I joined Cygnal Integrated Products, a startup company in Austin, Texas. My
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`responsibilities at Cygnal included the design and development of mixed-signal
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`embedded products for industrial and instrumentation applications. Specific
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`projects included the design of a proprietary communication system for in-
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`system debug, a proprietary clock recovery method for USB devices, and the
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`design of numerous analog and digital circuits and systems. I remained at
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`Cygnal until its acquisition by Silicon Laboratories Inc. in 2003, at which time
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`I joined Zilker Labs, a start-up company in Austin, Texas, as their first VP of
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`Engineering and later became their Chief Technical Officer.
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`8. My responsibilities at Zilker Labs included the development of
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`advanced IC technologies for power management and delivery for board-level
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`electronic systems. Specific duties included architecture design and firmware
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`development for all Zilker Labs products. I left Zilker Labs in 2006 to join
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`Keterex as their first VP of Engineering. My responsibilities at Keterex
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`included management of engineering resources, design and layout of
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`application-specific integrated circuits, and development of software and
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`firmware for Keterex products. I joined Silicon Laboratories in 2010 as a
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`Principal Design Engineer and now hold the title of Fellow. My
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`responsibilities include architecture development and design of 8-bit and 32-bit
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`microcontrollers. Projects have included microcontrollers for metrology,
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`motor control, and low-power and USB applications.
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`9.
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`I hold over 60 patents on technologies such as wireless telemetry
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`for medical devices, low-power analog-to-digital converters, security in
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`embedded systems, clock recovery in communication systems, serial
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`communication protocols, and power management and conversion. I have
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`authored or co-authored over 25 articles, presentations, and seminars on topics
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`including radiation effects in microelectronics, wireless medical devices, low-
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`power circuit design, circuit design for digital communications,
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`microcontrollers and embedded systems, and power management. I am also a
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`co-author of the PMBus™ Power System Management Protocol Specification.
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`10.
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`I have been asked by Fundamental Innovation Systems
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`International LLC to explain the technologies involved in U.S.7,834,586, (the
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`"'586 Patent") the technologies described in the cited references, the knowledge
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`of a person of ordinary skill in the art at the time of the invention, and other
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`pertinent facts and opinions regarding IPR2018-00485. For the purpose of this
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`declaration, I apply the same skill level as proposed in the Petition, although I
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`reserve the right to explain why this level is too high. I am being compensated
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`for my work on this case at a fixed, hourly rate, plus reimbursement for
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`expenses. My compensation does not depend on the outcome of this case or
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`any issue in it, and I have no interest in this proceeding.
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`11.
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`I have submitted declarations on the '586 Patent in IPR2018-
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`00274 and IPR2018-00493 and related patents in IPR2018-00110 and
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`IPR2018-00111. In addition, I have submitted expert reports in the related case
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`of Fundamental Innovations Systems, Int. LLC v. Samsung Elec. Co., Ltd.,
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`Case No. 2:17-cv-145-JRG-RSP (E.D. Tex).
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`12.
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`13.
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`[Intentionally omitted]
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`In Ground 1 Petitioner have asserted that claims 1-3 and 8-13 (the
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`"challenged claims") of the '586 Patent are obvious in light of U.S. Patent No.
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`5,859,522 (Exhibit 1006, "Theobald"), the USB 2.0 specification, and U.S.
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`Patent No. 6,625,738 (Exhibit 1009, "Shiga"). In Ground 2 Petitioner has
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`asserted that claims 1-2, 8-9, and 11-12 are obvious in light of U.S. Patent No.
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`7,360,004 ("Dougherty") and Shiga. In Ground 3, Petitioner has asserted that
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`Claims 3, 10, and 13 are obvious in light of Dougherty, Shiga, and the
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`TIA/EIA-644 specification.
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`II. USB 2.0
`14. The Universal Serial Bus ("USB") architecture is a "cable bus that
`
`supports data exchange between a host computer and a wide range of
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`simultaneously accessible peripherals." Ex. 1011, 15; Ex. 1007-1, 15. Up to
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`127 USB devices can be directly or indirectly connected to a single host. Ex.
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`1011, 13; Ex. 1007-1, 13.
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`15. When a USB device is plugged into a USB host or hub, power can
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`be provided by the host or the hub. The USB host and connected device
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`negotiate power allocation so that sufficient power can be directed to each
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`connected device without overdrawing power from the host. Ex. 1007-1, 16-
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`19; Ex. 1011, 18. At the time of the inventions, the USB specifications limited
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`the amount of current that a device may draw to 500 milliamps (mA) after
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`configuration and 100 mA before configuration. Ex. 1007-3, 178; Ex. 1007-4,
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`243-45; Ex. 1011, 142, 179-81.
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`A. USB Enumeration
`16. When a USB device is plugged into a host's USB port, the host
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`and the device undergo a series of handshakes in order for the host to access
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`the device's functions. This process—which involves "initial exchange of
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`information that enables the host's device driver to communicate with the
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`device"—is called enumeration. Ex. 2003, 74.
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`17. The enumeration process involves a series of steps. First, when a
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`user plugs the device in to the powered port of a USB hub, the device enters
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`the "powered" state. Ex. 2003, 76; Ex. 2006, 96. In this state, the device may
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`receive power from the USB hub—however, it may not draw more than 100
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`mA from VBUS until it is configured. Ex. 1007-4, 242-243. Furthermore, the
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`USB port to which the device is attached is disabled (Id., 243), and the USB
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`device cannot respond to any requests from the USB bus until it receives a
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`"reset" command from the bus. Id., 242.
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`18. Next, the hub detects the device by "monitor[ing] the voltages on
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`the signal lines of each of its ports." Ex. 2003, 76; Ex. 2006, 96. In this step,
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`the USB device sends a high voltage on either the D+ or D- line. Id. The USB
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`hub detects the voltage and determines that the device is either a full-speed
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`device (if D+ is high) or a low-speed device (if D- is high). Ex. 2003, 76-77;
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`Ex. 2006, 96-97 (detecting whether full-speed device supports high speed); Ex.
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`1007-4, 243. Upon detecting the device, the hub "continues to provide power
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`but doesn't transmit USB traffic to the device." Ex. 2003, 76; Ex. 2006, 96.
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`The hub then reports to the host that one of its ports (and indicates which port)
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`has experienced an event. Id.
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`19. The host learns of the nature of the event, and of the attachment of
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`the new device, by sending a "Get_Port_Status" request. Id.
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`20. Then, the host issues a port enable and reset command to the port,
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`which puts the port into the "enabled" state. Ex. 1007-4, 243; Ex. 2003, 76;
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`Ex. 2006, 97. In an enabled state, the host can now signal the connected USB
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`device with control packets.
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`21. After the reset, the USB device enters the "default" state and can
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`still draw no more than 100 mA from the VBUS line. Id. In this stage, the
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`USB device uses the "default address" of 0 to receive control requests. Ex.
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`1007-4, 242-43; Ex. 2003, 77; Ex. 2006, 98.
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`22. The USB host then reads the device's device descriptor to
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`determine the maximum data payload the USB device can use. Id. Maximum
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`data payload refers to the maximum packet size. Id. Either before or after the
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`USB host requests the device's device descriptor to determine the maximum
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`payload, the host assigns a unique address to the USB device, such that it is in
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`the "Address" state. Ex. 1007-4, 242; Ex. 2003, 77-78; Ex. 2006, 98.
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`23. The host then "sends a Get_Descriptor" request to the new address
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`to learn about the device's abilities. Ex. 2003, 78; Ex. 2006, 98. The standard
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`USB descriptors include the following fields (see Ex. 1007-4, 262-63, Table 9-
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`8):
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`24. The descriptor description above matches that listed in U.S.
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`5,884,086 ("Amoni"), Table II. Ex. 1018. As noted by Amoni, the descriptors
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`can include information unique to a device, including its nonstandard voltage
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`or current configurations. For example, such information can be encoded by
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`"assign[ing] a vendor specific Device Class . . . and designat[ing] a unique
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`device sub-class assignment with unique encoded voltage and power
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`requirements." Ex. 1018, 7:16-19. Alternatively, the information can be
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`encoded with "a Product String Index [iProduct] pointing to a string containing
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`voltage and current requirements." Id., 7:27-29.
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`25. The host continues to learn about the device "by requesting the
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`one or more configuration descriptors specified in the device descriptor." Ex.
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`2003, 78. The configuration descriptor has the following fields (Ex. 1007-4,
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`265-67, Table 9-10). As Amoni noted, the iConfiguration field can also be
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`used to encode a device's nonstandard voltage or current configuration, e.g.,
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`with the index "point[ing] to the location of a text string of UNICODE format"
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`as specified in section 9.6.7 of USB 2.0. Ex. 1018, 7:37-44.
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`26. The host then reads the "configuration" information from the
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`device, which contains information about the device's capabilities. Ex. 1007-4,
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`243; Ex. 2003, 78-79; Ex. 2006, 99-100. Finally, the host assigns a
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`configuration value to the USB device, which puts the device into the
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`"configured" state. Ex. 1007-4, 244-45; Ex. 2003, 79; Ex. 2006, 99-100.
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`Before this step, since the host does not yet know what additional functionality
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`the device can support, the host will only issue standard device requests, and
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`hence the device will only respond to standard device requests. See Ex. 1007-
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`4, 250-51 (describing the various standard device requests and noting that
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`"USB devices must respond to standard device requests, even if the device has
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`not yet been assigned an address or has not been configured"); Ex. 2003, 37
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`(application communications began after enumeration); Ex. 2006, 41 (same).
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`After it is configured, however, the device can participate in additional USB
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`communications, and draw an amount of power across the VBUS according to
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`its configuration. Ex. 1007-4, 244; Ex. 2003, 79; Ex. 2006, 99-100.
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`27. Either shortly before, or shortly after, the USB device enters the
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`"configured" state, the host assigns and loads a device driver. See Ex. 2003,
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`78-79; Ex. 2006, 99. While the USB 2.0 specification does not explicitly
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`describe loading the device driver as being part of the enumeration process (see
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`Ex. 1007-4, 243-44), the process of loading the device driver is closely related
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`to enumeration and depends on information obtained during the enumeration
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`process, particularly in the Windows operating system. See Ex. 2003, 78 ("In
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`selecting a driver, Windows tries to match the Vendor and Product IDs,
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`Release Number, and or class information retrieved from the device with the
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`information stored in the system's INF files."); Ex. 2006, 99 (same); see also
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`Ex. 1007-5, 285 (during device configuration, "[t]he configuring software first
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`reads the device descriptor, then requests the description for each possible
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`configuration. It may use the information provided to load a particular client,
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`such as a device driver, which initially interacts with the device. The
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`configuring software, perhaps with input from that device driver, chooses a
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`configuration for the device."). Thus, regardless of whether loading a driver is
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`explicitly part of enumeration, loading the driver cannot occur in the absence
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`of enumeration.
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`28. Shortly after the enumeration process has been completed, the
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`device has transitioned from being unrecognized by the USB host, to being
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`identified, configured, and ready for operation. This configuration is critical to
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`normal operation of the USB device, because "[a] USB device must be
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`configured before its function(s) may be used." Ex. 1007-4, 244. The USB
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`device may now also draw power over the VBUS line according to the
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`configuration information set by the USB host. Id.
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`29. When a hub instead of a device is connected to a host, the host
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`also undergoes enumeration with the hub (as well as any devices attached to
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`the hub) using the same procedures as described above. Ex. 2003, 79-80; Ex.
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`2006, 100.
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`III. THE ROLE OF THE SE1 SIGNAL
`30. One of the states that the USB data lines can be in is the "SE1
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`state," "in which both the D+ and D- lines are held at high voltage. Ex. 1007-2,
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`123. In Shiga SE1 is described as a "fourth-mode." Ex. 1009, 6:42-44 ("The
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`first signal line D+ and the second signal line D- are in a fourth mode in which
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`both signal lines D+ and D- are in the H state.").
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`31. Petitioner alleges that a POSA "would have understood that the
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`SE1 condition would be a logical choice for signaling information to a device
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`without interfering with USB signaling." Pet. 13; see also id., 46, 63. I
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`disagree with Petitioner's conclusions. It is of course possible to use an SE1
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`signal effectively, as established by the '586 patent. But a POSA would
`
`conclude that Petitioner's attempts to fit it into the Theobald or Dougherty
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`systems were not viable.
`
`A.
`SE1 Disables USB Communications
`32. Petitioner's combination relies on a SE1 signal to act as an
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`identification signal. Pet. 34, 39, 42-43, 54, 56, 58-59. However, a person of
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`ordinary skill in the art would also understand that using SE1 at at D+ and D-
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`lines, as Petitioner suggests, would interfere with USB data communication
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`between Theobald's accessory and adapter and between Dougherty's laptop and
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`docking station.
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`33. The USB specification warns that "USB drivers must never
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`'intentionally' generate an SE1 on the bus." Ex. 1007-2, 123. As described
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`below, the USB 2.0 specification then describes some of the negative
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`consequences of using SE1 on the bus. Ex. 1007-5, 316, Section 11.5.2.2.
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`Samsung Expert's Testimony
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`1.
`Indeed, Petitioner's assertions contradict the knowledge of a
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`34.
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`Fundamental Ex 2001-19
`Huawei v Fundamental
`IPR2018-00485
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`POSA, as Samsung's expert correctly testified that SE1 signaling interferes
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`with, and indeed terminates, USB communication (Ex. 2005, 260:17-262:10)
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`(emphasis added):
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`Q. So if an SE1 condition is detected, what are the two events
`that will occur?
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`A. What this is saying is if an SE1 is detected by a hub, then
`it's required to disconnect the device, and if an SE1 is
`detected by an attached device it would detect as a reset --
`just a minute.· Let me read this more carefully.
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`The SE1 condition has to exist for more than two-1/2
`microseconds, which is the definition of a reset condition.
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`Q. And when you have 2.5 microseconds of the SE1 condition,
`the hub will disconnect itself from the device, correct?
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`A.
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`If a hub sees an SE1 condition for more than 2-1/2
`microseconds, it would put the port into a disconnect state.
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`Q: And what does that mean, being in a disconnect state?
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`A. The things that are attached to that -- to that hub at that port
`would be -- another word that's used is a disabled port.· No
`more signalling -- no more data signalling would be
`delivered across that communication -- across that
`connection between the hub and the attached device or
`hub that might be connected to it.
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`. . .
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`Q: How long would the device and the hub be disconnected
`after the SE1 signal was received?
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`A: Until the enumeration is repeated.
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`Q: And if the SE1 signal occurs again?
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`A:
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`I mean, this describes what needs to happen.· Any time the
`hub puts the port into disconnect state, the enumeration
`would have to be repeated.
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`35. Mr. Garney's description above comports with the USB
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`specification's description that a USB hub disable the USB port when SE1
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`signaling is observed to avoid "errors that are very difficult to isolate and
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`correct":
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`Each port is required to have a timer used for detecting disconnect
`when a full-/low-speed device is attached to the port. This timer is
`used to constantly monitor the port's single-ended receivers to
`detect a disconnect event. The reason for constant monitoring is
`that a noise event on the bus can cause the attached device to
`detect a reset condition on the bus after 2.5 µs of SE0 or SE1 on
`the bus. If the hub does not place the port in the disconnect state
`before the device resets, then the device can be at the Default
`Address state with the port enabled. This can cause errors that
`are very difficult to isolate and correct.
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`Ex. 1007-5, 316, Section 11.5.2.2 (emphasis added).
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`36.
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`I also agree with Mr. Garney that sending an SE1 signal
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`repeatedly would place the device into a timed out/suspend state in a continual
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`loop, and, thereby, interfering with the operation of the port.
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`2.
`The Panel Decision In IPR2018-00111
`37. The Petitioner in this case makes the very same argument that
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`Samsung made in a related IPR 2018-00111, which is that "A POSITA at the
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`time of the alleged invention of the '586 patent would have understood that the
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`SE1 condition would be a logical choice for signaling information to a device
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`"without interfering with USB signaling." Compare Pet. 13, with ZTE (USA)
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`Inc. v. Fundamental Innovation Systems Int'l LLC, 2018-00111, Paper 1, 45
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`(PTAB Oct. 26, 2017) ("POSITAs also would have known that the SE1
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`condition would be a logical choice for conveying information about a device
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`without interfering with USB signaling."); see also Pet. 48, 63.
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`38.
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`I submitted a declaration in IPR 2018-00111 and, just as in that
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`case, the Petitioner here seek to use the SE1 signal from Shiga as part of a
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`combination with another reference in order to introduce an identification
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`signal. Thus, although the -00111 IPR concerned a different primary reference
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`(US Patent No. 6,556,564, Ex. 1019, "Rogers"), the argument to add SE1 to a
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`USB-based reference is essentially the same.
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`39.
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`I have reviewed the Panel's decision denying institution, ZTE
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`(USA) Inc. v. Fundamental Innovation Systems Int'l LLC, 2018-00111, Paper
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`16 (PTAB May 9, 2018). The Panel found that, " Upon review of Petitioner's
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`and Patent Owner's arguments and supporting evidence, we determine that
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`Petitioner has not sufficiently explained why one of ordinary skill in the art
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`would have sought to utilize Shiga's SE1 signal in Rogers' system with a
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`reasonable expectation of success." Id., 20. In addition, the Panel found that,
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`"Petitioner and [its expert] do not explain how a port-disabling SE1 signal
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`could be used in Rogers' system without interfering with standard USB
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`signaling … Nor do they explain persuasively how or why one of ordinary skill
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`in the art would have modified Rogers' system to successfully operate." Id.,
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`21. Finally, the Panel concluded that, "we are not persuaded that one of
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`ordinary skill in the art would have found it obvious to combine Rogers and
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`Shiga in the manner proposed in the Petition." Id., 22.
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`40.
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`In reviewing the Decision in the -00111 IPR and the Petition in
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`this IPR, I believe that the same reasons for rejecting a combination of Rogers
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`and Shiga also apply here to Petitioner's combination of Theobald and Shiga as
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`well as Petitioner's combination of Dougherty and Shiga because the Decision
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`addresses the consequences of combining the SE1 signal from Shiga with any
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`USB 2.0 device or hub.
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`3.
`Effect of SE1 On Power
`41. The use of the SE1 signal on the D+ and D- data lines would
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`interfere with charging across the USB interface. According to section
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`11.5.2.2 of the USB 2.0 specification, "a noise event on the bus can cause the
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`attached device to detect a reset condition on the bus after 2.5 us of SE0 or SE1
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`on the bus." Ex. 1007-5, 316. "After the reset is removed, the device will be in
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`a Default state." Ex. 1007-3, 153. This is also shown in Figure 9-1 reproduced
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`below:
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`42.
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`In this state, the device is unconfigured and needs enumerating, so
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`it only supports enumeration commands and cannot operate as its intended
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`function (e.g. a mouse, keyboard, etc.). It is allowed to draw 100mA (see
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`Table 7-7) but must still enter suspend mode and only draw 2.5mA if the bus is
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`idle for 3msec, as indicated by the transition paths in the above diagram and
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`Table 7-7. Id., 178. 2.5 mA is insufficient power for device operation or even
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`for the practical operation of a charger circuit so it is not a charging mode.
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`Thus, at most a SE1 signal would permit 3msec of charging at 100mA. In
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`contrast, Table 7-7 shows that up to 500mA of current can be supplied from a
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`High-power Hub Port after the USB enumeration process is completed. Id.
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`43.
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`In conclusion, SE1 would not only interfere with USB
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`communication but would severely limit the amount of power that could be
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`provided over the USB interface to below what it would be able to provide if
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`the enumeration procedure were completed.
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`B. Use Of SE1 In Cited References
`44. Petitioner cites a number of references that they contend relate to
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`SE1 signaling "without interfering with USB signaling." Pet. 13-17. For
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`example, Petitioner relies on Shiga as the basis for combination with Theobald.
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`But in Shiga, a SE1 signal is sent by a USB keyboard as a wake-up signal to a
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`host computer when the host computer's power supply is turned off. Ex. 1009,
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`6:8-15, 6:59-65, 7:4-8, 7:24-29. When the power supply is turned off, the D+
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`and D- lines of the USB keyboard and D+ and D- lines of the USB host "are
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`not connected to each other." Id., 6:8-12. Instead, the D+ and D- lines of the
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`USB keyboard are connected to input terminals of the comparators in the
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`wake-up means 3. Id., 6:12-15, 6:59-65, 7:4-8.
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`45. The wake-up means of Shiga contains only two comparators and
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`an "AND" circuit that takes as input the outputs of the two comparators. Ex.
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`1009, Fig. 1, 7:9-15. When the output from both the comparators are high
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`(because the voltage on the D+ and D- lines of the USB keyboard exceeded
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`1.5V), the AND circuit output turns on the main power supply. Id. But the
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`wake-up means does not perform USB c