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`Inter Partes Review
`United States Patent No. 7,489,786
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`BMW OF NORTH AMERICA, LLC,
`
`Petitioner
`v.
`
`BLITZSAFE TEXAS, LLC
`
`Patent Owner
`
`U.S. Patent No. 7,489,786
`Filing Date: December 11, 2002
`Issue Date: February 10, 2009
`
`Title: AUDIO DEVICE INTEGRATION SYSTEM
`
`____________
`
`Case No. IPR2018-01142
`
`____________
`
`PETITION FOR INTER PARTES REVIEW
`
`

`

`Inter Partes Review
`United States Patent No. 7,489,786
`TABLE OF CONTENTS
`
`c)
`
`INTRODUCTION ....................................................................................... 1
`I.
`II. U.S. PATENT 7,489,786 ............................................................................. 2
`A. Overview ........................................................................................... 2
`B.
`Level of Ordinary Skill in the Art ...................................................... 9
`III. CLAIM CONSTRUCTION ......................................................................... 9
`IV. CLAIMS 1, 2, 4-8, 10, 13, 14, 23, 24, 57, 58, 60-65, 86, AND 88-91 OF
`THE ’786 PATENT ARE UNPATENTABLE ........................................... 12
`A.
`The Prior Art .................................................................................... 12
`1.
`Herley .................................................................................... 12
`2.
`Ido ......................................................................................... 14
`3.
`Lutter ..................................................................................... 15
`B. Ground 1: Claims 1, 2, 4, 7, 8, 10, 13, 14, 23, and 24 are invalid under
`35 U.S.C. § 103 as unpatentable over Herley in view of Ido ............ 16
`1.
`Claim 1 .................................................................................. 16
`a)
`1[1]: “An audio device integration system” ........................... 16
`b)
`1[2]: “a first connector electrically connectable to a car stereo;
`............................................................................................... 17
`1[3]: “a second connector electrically connectable to an after-
`market audio device external to the car stereo” ...................... 21
`1[4]: “a third connector electrically connectable to one or more
`auxiliary input sources external to the car stereo and the after-
`market audio device” ............................................................. 22
`1[5]: “an interface connected between said first and second
`electrical connectors for channeling audio signals to the car
`stereo from the after-market audio device, said interface
`including a microcontroller in electrical communication with
`said first and second electrical connectors” ............................ 25
`1[6]: “a first pre-programmed code portion for remotely
`controlling the after-market audio device using the car stereo by
`receiving a control command from the car stereo through said
`first connector in a format incompatible with the after-market
`audio device, processing the received control command into a
`formatted command compatible with the after-market audio
`
`d)
`
`e)
`
`f)
`
`ii
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`

`

`Inter Partes Review
`United States Patent No. 7,489,786
`device, and transmitting the formatted command to the after-
`market audio device through said second connector for
`execution by the after-market audio device” .......................... 31
`1[7]: “a second pre-programmed code portion for receiving data
`from the after-market audio device through said second
`connector in a format incompatible with the car stereo,
`processing the received data into formatted data compatible
`with the car stereo, and transmitting the formatted data to the
`car stereo through said first connector for display by the car
`stereo”.................................................................................... 37
`1[8]: “a third pre-programmed code portion for switching to
`one or more auxiliary input sources connected to said third
`electrical connector” .............................................................. 39
`Claim 2: “the car stereo further comprises an Original
`Equipment Manufacturer (OEM) car stereo connected to said
`first electrical connector.” ...................................................... 40
`Claim 4: “the after-market audio device further comprises a CD
`player, CD changer, MP3 player, Digital Audio Broadcast
`(DAB) receiver, or satellite receiver connected to said second
`electrical connector.” ............................................................. 41
`Claim 7: “said second preprogrammed code portion processes
`data generated by the after-market audio device including track
`and time information” and Claim 8: “said second pre-
`programmed code portion processes data generated by the after-
`market audio device including song title and artist information.”
`............................................................................................... 41
`Claim 10: “said interface processes video information generated
`by the after-market audio device” .......................................... 44
`Claim 13: “commands are input by a user using one or more
`control buttons or presets on the car stereo.” .......................... 44
`Claim 14: “audio signals from the one or more auxiliary input
`sources are selectively channeled to the car stereo by said
`interface.” .............................................................................. 45
`Claim 23: “a bus connection established between the after-
`market audio device and said interface.” ................................ 46
`Claim 24: “the bus connection comprises a Universal Serial Bus
`(USB) connection.” ................................................................ 48
`
`g)
`
`h)
`
`2.
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`3.
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`4.
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`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`iii
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`

`

`2.
`
`c)
`
`d)
`
`3.
`a)
`b)
`
`Inter Partes Review
`United States Patent No. 7,489,786
`C. Ground 2: Claims 5, 6, 57, 58, 60-65, 86, and 88-91 are invalid under
`35 U.S.C. § 103 as unpatentable over Herley in view of Ido and Lutter
`......................................................................................................... 48
`1.
`Claim 5: “said interface further comprises a plug-and-play
`mode for automatically detecting a device type of the after-
`market audio device connected to said second electrical
`connector and integrating the after-market audio device based
`upon the device type.”............................................................ 48
`Claim 6: “said interface generates a device presence signal for
`maintaining the car stereo in a state responsive to processed
`data and audio signals” .......................................................... 50
`Claim 57 ................................................................................ 55
`57[1]: “An audio device integration system”.......................... 55
`57[2]: “a first electrical connector connectable to a car stereo”
`............................................................................................... 56
`57[3]: “a second electrical connector connectable to a portable
`MP3 player external to the car stereo” ................................... 56
`57[4]: “an interface connected between said first and second
`electrical connectors for transmitting audio from a portable
`MP3 player to a car stereo, said interface including a
`microcontroller in electrical communication with said first and
`second electrical connectors, said microcontroller pre-
`programmed to execute” ........................................................ 56
`57[5]: “a first pre-programmed code portion for generating a
`device presence signal and transmitting the signal to the car
`stereo to maintain the car stereo in an operational state” ........ 56
`57[6]: “a second pre-programmed code portion for remotely
`controlling the MP3 player using the car stereo by receiving a
`control command from the car stereo through said first
`electrical connector in a format incompatible with the MP3
`player, processing the control command into a formatted
`control command compatible with the MP3 player, and
`transmitting the formatted control command to the MP3 player
`through said second electrical connector for execution by the
`MP3 player”........................................................................... 57
`Claim 58: “the car stereo further comprises an Original
`Equipment Manufacturer (OEM) car stereo connected to the
`first electrical connector” ....................................................... 57
`
`e)
`
`f)
`
`4.
`
`iv
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`

`

`5.
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`6.
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`7.
`
`8.
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`9.
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`Inter Partes Review
`United States Patent No. 7,489,786
`Claim 60 (and similarly claim 90): “said microcontroller is pre-
`programmed to execute a third code portion for receiving data
`from the MP3 player in a format incompatible with the car
`stereo, processing received data into formatted data compatible
`with the car stereo, and transmitting formatted data to the car
`stereo for display thereby” ..................................................... 57
`Claim 61: “said third code portion processes data generated by
`the MP3 player including track and time information” and
`claim 62: “said third code portion processes data generated by
`the MP3 player including song title and artist information” ... 57
`Claim 63: “commands are input by a user using one or more
`control buttons or presets on the car stereo” ........................... 58
`Claim 64 (and similarly claim 88): “further comprising a bus
`connection established between the MP3 player and said
`interface” ............................................................................... 58
`Claim 65 (and similarly claim 89): “the bus connection
`comprises a Universal Serial Bus (USB) connection” ............ 58
`10. Claim 86 ................................................................................ 58
`a)
`86[1]: “A device for integrating video information for use with
`a car stereo” ........................................................................... 58
`86[2]: “a first electrical connector connectable to a car stereo”
`............................................................................................... 59
`86[3]: “a second electrical connector connectable to an after-
`market video device external to the car stereo” ...................... 59
`86[4]: “an interface connected between said first and second
`electrical connectors for transmitting video information from
`the after-market video device to the car stereo, the interface
`including a microcontroller in electrical communication with
`said first and second electrical connectors, said microcontroller
`pre-programmed to execute” .................................................. 59
`86[5]: “a first pre-programmed code portion for generating a
`device presence signal and transmitting the signal to the car
`stereo through said first electrical connector to maintain the car
`stereo in an operational state responsive to signals generated by
`the after-market video device” ............................................... 60
`11. Claim 90: “microcontroller is pre-programmed to execute a
`second code portion for receiving a control signal from the car
`stereo in a format incompatible with the video device,
`
`b)
`
`c)
`
`d)
`
`e)
`
`v
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`

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`Inter Partes Review
`United States Patent No. 7,489,786
`processing a received control signal into a formatted control
`signal compatible with the video device, and transmitting the
`formatted control signal to the video device for execution
`thereby” ................................................................................. 60
`12. Claim 91: “microcontroller is pre-programmed to execute a
`third code portion for receiving data from the video device
`incompatible with the car stereo, processing received data into
`formatted data compatible with the car stereo, and transmitting
`formatted data to the car stereo for display thereon” .............. 60
`V. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(a)(1) ...................... 60
`A.
`REAL PARTY-IN-INTEREST UNDER 37 C.F.R. § 42.8(b)(1) ..... 60
`B.
`RELATED MATTERS UNDER 37 C.F.R. § 42.8(b)(2).................. 61
`C. LEAD AND BACK-UP COUNSEL ................................................ 62
`D.
`SERVICE INFORMATION ............................................................ 63
`VI. PAYMENT OF FEES UNDER 37 C.F.R. § 42.103 ................................... 64
`VII. GROUNDS FOR STANDING UNDER 37 C.F.R. § 42.104(A) ................ 64
`VIII. CONCLUSION ......................................................................................... 64
`
`
`
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`vi
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`Inter Partes Review
`United States Patent No. 7,489,786
`EXHIBITS
`Description
`U.S. Patent No. 7,489,786 (“the ’786 patent”)
`Declaration of James T. Geier
`U.S. Patent Publication No. 2005/0262528 A1 (“Herley”)
`ID3 Tag Version 2.3.0 Informal Standard, Nilsson, M. originally
`available at www.id3.org/id3v2.3.0.html, February 3, 1999
`European. Patent Application Publication No. EP 0950570 A2
`(“Ido”)
`U.S. Patent No. 6,394,774
`Decision Instituting Inter Partes Review, Case IPR2016-00421,
`Paper No. 13 (July 7, 2016)
`U.S. Patent Publication No. 2002/0196134 (“Lutter”)
`Plaintiff’s Proposed Claim Constructions in Case No. 2:17-cv-
`00430 (E.D. Tex.), served March 14, 2018
`The audio/mpeg Media Type, Network Working Group, available
`at https://tools.ietf.org/html/rfc3003, November 2000 (“IETF”).
`File History of the ’786 Patent
`Wayback Machine search results for
`“http://www.id3.org/id3v2.3.0.txt”
`Plaintiff's Infringement Contentions Exhibit A, served September
`2017 in Blitzsafe Texas, LLC v. Bayerische Motoren Werke AG et
`al., 2:17-cv-00418 (E.D. Tex.)
`
`Exhibit
`1001
`1002
`1003
`1004
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`1005
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`1006
`1007
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`1008
`1009
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`1010
`
`1011
`1012
`
`1013
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`vii
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`I.
`
`INTRODUCTION
`
`Inter Partes Review
`United States Patent No. 7,489,786
`
`Petitioner BMW of North America, LLC (“BMWNA,” or “Petitioner”),
`
`requests Inter Partes Review of claims 1, 2, 4-8, 10, 13, 14, 23, 24, 57, 58, 60-65,
`
`86, and 88-91 of U.S. Patent No. 7,489,786 (EX1001, “the ’786 patent”). The
`
`patent is currently assigned to Blitzsafe Texas, LLC. (“Blitzsafe” or “Patent
`
`Owner”) based on Patent Office records.
`
`Last fall, the Board made its decision in General Plastic Industrial Co., Ltd.
`
`v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017). In
`
`that case, the Board denied institution of a second set of follow-on petitions that
`
`challenged the same claims as the first set of petitions by modifying the prior
`
`grounds to address the Board’s concerns using prior art from a search conducted
`
`after the Board denied institution. Id. at 10. But that is not the case here.
`
`BMWNA has not filed any Inter Partes Review petitions for the ’786 patent
`
`prior to this petition,1 and BMWNA was also not a real party in interest to the prior
`
`proceedings for the ’786 patent.
`
`Furthermore, this petition cites new prior art references that were not
`
`previously considered by the Board or by the patent examiner during prosecution,
`
`such as the Herley, Ido, and Lutter references. In conducting newly commissioned
`
`prior art searches for the ’786 patent between September 2017 and May 2018,
`
`
`1 BMWNA is filing this petition concurrently with IPR2018-01204.
`
`1
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`

`

`
`
`Inter Partes Review
`United States Patent No. 7,489,786
`BMWNA discovered new prior art—Herley and Lutter—that has never been
`
`before the Board or the patent examiner. These prior art references are also not
`
`cumulative of the previously considered prior art.
`
`Moreover, this petition addresses Patent Owner’s own interpretation of the
`
`challenged claims of the ’786 patent which, to Petitioner’s knowledge, was not
`
`addressed by the Board during prior proceedings, or by the patent examiner during
`
`examination.
`
`Therefore, unlike General Plastic, this is not a case where petitioner
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`“modified its challenges in the follow on petitions in an attempt to cure the
`
`deficiencies that the Board identified in its first-filed petitions,” or even a case
`
`where the preliminary response or institution decision in an earlier proceeding
`
`provided additional guidance.
`
`For the reasons below, the Board should institute inter partes review of the
`
`’786 patent because Petitioner establishes a reasonable likelihood of success that
`
`challenged claims 1, 2, 4-8, 10, 13, 14, 23, 24, 57, 58, 60-65, 86, and 88-91 are
`
`unpatentable under each of the proposed grounds.
`
`II. U.S. PATENT 7,489,786
`
`A. Overview
`
`The ’786 patent discloses an “audio device integration system” for
`
`integrating after-market audio components with an existing car stereo system.
`
`
`
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`2
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`

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`Inter Partes Review
`United States Patent No. 7,489,786
`EX1001, Abstract. “Control commands can be issued at the car stereo and
`
`responsive data from the connected devices can be displayed on the stereo.” Id.
`
`Examples of devices that may be integrated include CD players, CD changers,
`
`MP3 players, satellite receivers, and DAB receivers. Id. The audio device, along
`
`with one or more auxiliary input sources may be integrated with the car stereo, and
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`a user may select between the various audio input devices. Id.; EX1002, ¶ 15.
`
`FIG. 1 of the ’786 patent is reproduced and annotated below:
`
`EX1001, FIG. 1 (annotated showing after-market audio devices MP3 player
`
`30 and CD player 15 in blue, interface 20 in red, satellite radio / DAB receiver 25
`
`and auxiliary inputs 35 in brown, car radio 10 and control head 12 in green,
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`3
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`Inter Partes Review
`United States Patent No. 7,489,786
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`examples of a “first connector” in orange, examples of a “second connector” in
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`purple, and examples of a “third connector” in burgundy)
`
`According to the ’786 patent, “integration” is achieved by positioning an
`
`interface 20 between the car stereo and the after-market audio device and/or
`
`auxiliary input being integrated. EX1001, 2:53-60. Control commands generated
`
`at the car stereo are converted by the interface into a format recognizable by the
`
`after-market audio device, and information received from the after-market audio
`
`device is converted into a format recognizable by the car stereo. See id.at 2:35-42.
`
`The interface includes a microcontroller programmed to perform the format
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`conversion for signals to and from the car stereo and after-market audio device(s).
`
`Id. at 8:46-9:7; EX1002, ¶ 16.
`
`
`
`The ’786 patent contains eleven independent claims (1, 25, 33, 44, 49, 57,
`
`66, 76, 86, 92, and 99), three of which are challenged herein (1, 57, and 86).
`
`Independent claim 1 is directed to a system that connects an after-market device
`
`and one or more auxiliary input sources to a car stereo. An interface is connected
`
`between first and second electrical connectors, for channeling audio signals to the
`
`car stereo from an after-market audio device. The interface also includes a third
`
`connector to an auxiliary input source, which can be selected using the interface.
`
`Claim 1 also recites processing control commands from the car stereo into a format
`
`command compatible with the after-market audio device, and processing data
`
`
`
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`4
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`

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`Inter Partes Review
`United States Patent No. 7,489,786
`received from the after-market device is into a format compatible with the car
`
`stereo. EX1001, 21:32-64; EX1002, ¶ 17. The text of independent claim 1 is as
`
`follows:
`
`1. An audio device integration system comprising:
`
`a first connector electrically connectable to a car stereo;
`
`a second connector electrically connectable to an after-market audio
`device external to the car stereo;
`
`a third connector electrically connectable to one or more auxiliary
`input sources external to the car stereo and the after-market audio
`device;
`
`an interface connected between said first and second electrical
`connectors for channeling audio signals to the car stereo from the
`after-market audio device, said interface including a
`microcontroller in electrical communication with said first and
`second electrical connectors, said microcontroller pre-programmed
`to execute:
`
`a first pre-programmed code portion for remotely
`controlling the after-market audio device using the car
`stereo by receiving a control command from the car
`stereo through said first connector in a format
`incompatible with the after-market audio device,
`processing the received control command into a
`formatted command compatible with the after-market
`audio device, and transmitting the formatted command
`
`
`
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`5
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`Inter Partes Review
`United States Patent No. 7,489,786
`to the after-market audio device through said second
`connector for execution by the after-market audio
`device;
`
`a second pre-programmed code portion for receiving data
`from the after-market audio device through said second
`connector in a format incompatible with the car stereo,
`processing the received data into formatted data
`compatible with the car stereo, and transmitting the
`formatted data to the car stereo through said first
`connector for display by the car stereo; and
`
`a third pre-programmed code portion for switching to one
`or more auxiliary input sources connected to said third
`electrical connector.
`
`
`
`Independent claim 57 is similar to claim 1, but specifies that the after-market
`
`audio device is an MP3 player, and omits the third connector and auxiliary input
`
`source. See EX1001, 26:13-36. Claim 57 also recites the generation and
`
`transmission of a “device presence signal” from the interface. Id.; EX1002, ¶ 18.
`
`The text of independent claim 57 is as follows:
`
`57. An audio device integration system comprising:
`
`a first electrical connector connectable to a car stereo;
`
`a second electrical connector connectable to a portable MP3 player
`external to the car stereo
`
`
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`6
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`Inter Partes Review
`United States Patent No. 7,489,786
`an interface connected between said first and second electrical
`connectors for transmitting audio from a portable MP3 player to a
`car stereo, said interface including a microcontroller in electrical
`communication with said first and second electrical connectors,
`
`said microcontroller pre-programmed to execute:
`
`a first pre-programmed code portion for generating a device
`presence signal and transmitting the signal to the car stereo
`to maintain the car stereo in an operational state; and
`
`a second pre-programmed code portion for remotely controlling
`the MP3 player using the car stereo by receiving a control
`command from the car stereo through said first electrical
`connector in a format incompatible with the MP3 player,
`processing the control command into a formatted control
`command compatible with the MP3 player, and transmitting
`the formatted control command to the MP3 player through
`said second electrical connector for execution by the MP3
`player.
`
`
`
`Independent claim 86 specifies that the after-market device is a video
`
`device. Like claim 57, claim 86 omits the third connector and auxiliary input
`
`source of claim 1, and recites the generation and transmission of a “device
`
`presence signal” from the interface. does not require control command or data
`
`format conversion. Instead, claim 86 recites integrating an after-market video
`
`device with a car stereo. EX1001, 28:40-56; EX1002, ¶ 19. The text of
`
`independent claim 86 is as follows:
`
`
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`7
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`Inter Partes Review
`United States Patent No. 7,489,786
`86. A device for integrating video information for use with a car
`stereo, comprising:
`
`a first electrical connector connectable to a car stereo;
`
`a second electrical connector connectable to an after-market video
`device external to the car stereo;
`
`an interface connected between said first and second electrical
`connectors for transmitting video information from the after-
`market video device to the car stereo, the interface including a
`microcontroller in electrical communication with said first and
`second electrical connectors, said microcontroller pre-programmed
`to execute:
`
`a first pre-programmed code portion for generating a device
`presence signal and transmitting the signal to the car stereo
`through said first electrical connector to maintain the car
`stereo in an operational state responsive to signals generated
`by the after-market video device.
`
`During prosecution of the ’786 patent, the patent examiner stated that
`
`“interfacing auxiliary after-market devices with a car stereo was known in
`
`the art at the time of the invention.” EX1011, 416. The patent examiner
`
`indicated that he had not found prior art teaching or suggesting “the
`
`communication of incompatible audio devices” or “generati[on] and
`
`transmiss[ion of] a device presence signal to a car stereo…” Id. However,
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`Inter Partes Review
`United States Patent No. 7,489,786
`the patent examiner did not consider Patent Owner’s interpretation of the
`
`’786 patent claims as presented in EX1013. EX1002, ¶ 20.
`
`B.
`
`Level of Ordinary Skill in the Art
`
`A person of ordinary skill in the art relevant to the ’786 patent would have
`
`had: at least a Bachelor’s degree in electrical engineering or equivalent
`
`science/engineering degree and at least two years of experience in signal
`
`processing and/or electronic system design, or would have at least four years of
`
`experience in signal processing and/or electronic system design. EX1002, ¶¶ 21-
`
`24.
`
`III. CLAIM CONSTRUCTION
`
`Under the current rules for Patent Office Trials, a claim in an unexpired
`
`patent subject to inter partes review “shall be given its broadest reasonable
`
`construction in light of the specification of the patent in which it appears.” 37
`
`C.F.R. § 42.100(b). Claim terms not addressed below should be given their plain
`
`and ordinary meaning under the broadest reasonable interpretation standard
`
`(“BRI”). Id.; Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48764 (Aug.
`
`14, 2012).
`
`The Board has previously construed terms of the challenged claims,
`
`including the terms “portable,” “interface,” and “device presence signal.” See
`
`EX1007, 10-18. In particular, the Board construed these terms as follows:
`
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`Construed
`Term
`portable
`
`Inter Partes Review
`United States Patent No. 7,489,786
`Citation to Institution
`Decision in IPR2016-00421
`“capable of being carried by a user” EX1007, 11-12
`
`Board Construction
`
`interface
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`“a physical unit that connects one
`
`EX1007, 12-15
`
`device to another and that has a
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`functional and structural identity
`
`separate from that of both
`
`connected devices”
`
`device
`
`“a signal indicating that an audio
`
`EX1007, 16-18.
`
`presence
`
`device (claim 57) or video device
`
`signal
`
`(claim 86) or portable audio device
`
`(claim 92), other than the car stereo,
`
`is connected to the interface”
`
`
`For the purposes of this proceeding, Petitioner adopts the Board’s prior
`
`constructions. Furthermore, pursuant to 35 U.S.C. §§ 301(a)(2) and 301(d),
`
`Petitioner provides Patent Owner’s infringement contentions served in a related
`
`district court litigation, to provide the Board with written statements in which
`
`Patent Owner took a position on the scope of the challenged claims.
`
`
`
`Patent Owner’s statements provide examples of “portable” devices, an
`
`“interface” and a “device presence signal” which Patent Owner asserts meet the
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`Inter Partes Review
`United States Patent No. 7,489,786
`claims. For example, Patent Owner asserts that head unit may comprise an
`
`“interface,” and such an assertion requires interpreting components such as control
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`devices or display units as the “car stereo.” See EX1013, 9, 18. Without Patent
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`Owner’s interpretation, a head unit would normally be considered part of the car
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`stereo, as the ’786 patent repeatedly discloses an interface as a device connected to
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`a car radio. Furthermore, Patent Owner interprets displayed icons indicating a
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`connected USB device as comprising a “device presence signal” (EX1013, 95-98),
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`even though this scope is not described in the ’786 patent. Therefore, Patent
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`Owner’s statements set forth in EX1013 are informative as to the asserted scope of
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`the challenged claims, which would not be ascertained from the Board’s claim
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`constructions and a reading of the ’786 patent alone. EX1002, ¶ 26.
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`
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`Petitioner also provides Patent Owner’s proposed claim constructions under
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`the Phillips standard in the same district court litigation, which differ somewhat
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`from the Board’s previous constructions. See EX1009. However, regardless of
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`which claim construction standard is applied in this proceeding, Petitioner believes
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`that no further claim construction is necessary, because the grounds presented
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`herein demonstrate invalidity of the challenged claims based on the scope
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`identified by Patent Owner, regardless of the claim construction standard.
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`Inter Partes Review
`United States Patent No. 7,489,786
`IV. CLAIMS 1, 2, 4-8, 10, 13, 14, 23, 24, 57, 58, 60-65, 86, AND 88-91 OF
`THE ’786 PATENT ARE UNPATENTABLE
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`As explained in this petition and the supporting declaration of James T.
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`Geier (EX1002):
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`Ground 1: Herley in view of Ido render obvious claims 1, 2, 4, 7, 8,
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`13, 14, 23, and 24; and
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`Ground 2: Herley in view of Ido and Lutter render obvious claims 5,
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`6, 57, 58, 60-65, 86, and 88-91.
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`A. The Prior Art
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`
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`The ’786 Patent has an effective filing date no earlier than December 11,
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`2002, which is the filing date of the application for the ’786 Patent. Petitioner
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`relies upon the following patents and publications, all of which are prior art to the
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`claims of the ’786 Patent. EX1002, ¶ 27.
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`1. Herley
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`Herley (U.S. Patent Publication No. 2005/0262528) was filed in the United
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`States on July 25, 2005, and published in November 24, 2005. Herley is a
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`continuation of U.S. Patent Application No. 10/180,249, filed on June 26, 2002.
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`Herley is prior art to the ’786 patent based on its June 26, 2002 priority date, under
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`at least 35 U.S.C. § 102(e) (pre-AIA). EX1002, ¶ 28.
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`12
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`Inter Partes Review
`United States Patent No. 7,489,786
`Herley discloses an “audio content delivery system” for an audio system in
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`an automobile. EX1003, Abstract, ¶ [0010]; EX1002, ¶ 29. FIG. 1 of Herley,
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`annotated below, illustrates Herley’s mobile audio system 100:
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`
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`EX1003, FIG. 1 (annotated showing external media source 116 in blue, user
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`interface 102 and sound system 114 in green, high speed interface 110 and
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`controller 104 in red, and tuner 106 in brown)
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`A mobile audio system 100 includes a controller 104, high speed interface
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`110 such as a USB interface for connecting an external media source 116 such as
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`an MP3 player or CD player, and a sound system 114 with user interface 102.
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`Controller 104 also connects to a tuner 106 or media database 112. EX1002, ¶ 30.
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`Inter Partes Review
`United States Patent No. 7,489,786
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`2. Ido
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`Ido is a European Patent Application Publication (No. EP 0950570) that was
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`filed in the European Patent Office on March 19, 1999 and published on October
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`20, 1999. Ido is prior art to the ’786 Patent under at least 35 U.S.C. § 102(a) (pre-
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`AIA). EX1002, ¶ 31.
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`
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`Ido discloses an automotive information system having a CPU module 11
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`and a support module 12. EX1005, ¶¶ [0069], [0080], FIG. 2; EX1002, ¶ 32. FIG.
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`2 of Ido is reproduced and annotated below:
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`14
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`Inter Partes Review
`United States Patent No. 7,489,786
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`EX1005, FIG. 2 (annotated showing a car stereo in green, interface in red, after-
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`market audio devices in blue, first connector(s) in orange,
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`and second connector(s) in purple)
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`As shown, CD-ROM unit 14 and CD-ROM auto-changer 7 are connected to
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`
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`
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`the support module 12 via one or more bus connections, such as a Universal Serial
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`Bus (USB). EX1005, ¶¶ [0060], [0061], [0077], [0078], [0098], [0160], [0170];
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`EX1002, ¶ 33. Main unit 11 (which has a display and controls) and an amplifier
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`22 (which is connected to speakers) collectively form parts of a “car stereo,” and
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`are also in communication with support module 12 via one or more PCI BUS
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`connections. EX1005, ¶ [0124], FIG. 2. Support module 12 serves as an interface
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`between main unit 11 or amplifier 22 (parts of the car stereo) and CD-ROM unit 14
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`and CD-ROM auto-changer 7 (after-market audio devices). EX1002, ¶ 33.
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`3. Lutter
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`
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`Lutter (U.S. Patent Publication No. 2002/0196134) was filed on June 26,
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`2001 an