`571-272-7822
`
`
`
`
`
`
`
`Paper 88
`Date: January 9, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner,
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`____________
`
`IPR2018-01257
`Patent 8,552,978 B2
`____________
`
`
`Before PATRICK M. BOUCHER, KAMRAN JIVANI, and
`CHRISTOPHER L. OGDEN, Administrative Patent Judges.
`
`
`BOUCHER, Administrative Patent Judge.
`
`
`NOTICE
`Notice of Disposition of Sealed Final Written Decision
`Determining All Challenged Claims Unpatentable
`Denying Patent Owner’s Motion to Amend
`Denying Patent Owner’s First and Second Motions to Terminate
`35 U.S.C. § 318(a)
`
`
`
`
`
`
`
`IPR2018-01257
`Patent 8,552,978 B2
`
`
`35 U.S.C.
`§
`
`References
`
`Today, we issued a non-public version of a Final Written Decision
`under 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73. Paper 87. For the reasons
`discussed in the Final Written Decision (a public version of which will issue
`in due course), we concluded that Petitioner shows, by a preponderance of
`the evidence, that (1) the Petition is not barred by 35 U.S.C. §§ 312(a)(2) or
`315(b), as alleged by Patent Owner in its First Motion to Terminate;
`(2) claims 10 and 12 of U.S. Patent No. 8,552,978 patent are unpatentable;
`and (3) Patent Owner’s proposed amended claims are unpatentable. We also
`deny Patent Owner’s Second Motion to Terminate.
`The following table summarizes the determinations in this proceeding.
`
`Claims
`
`Claims
`Shown
`Unpatentable
`10, 12
`
`Claims Not
`Shown
`Unpatentable
`
`
`Overall
`Outcome
`
`The table below summarizes our conclusions as to Petitioner’s Motion
`to Amend the claims.
`Motion to Amend Outcome
`Original Claims Canceled by Amendment
`Substitute Claims Proposed in the Amendment
`Substitute Claims: Motion to Amend Granted
`Substitute Claims: Motion to Amend Denied
`Substitute Claims: Not Reached
`
`10, 12
`
`
`
`10, 12
`
`
`
`Claims
`
`
`19, 20
`
`19, 20
`
`
`10, 12
`
`10, 12
`
` 103(a)
`
` 103(a)
`
`
`
`Zhang,
`Bachmann
`Liberty,
`Bachmann
`
`
`
`
`
`
`
`2
`
`
`
`IPR2018-01257
`Patent 8,552,978 B2
`
`For Petitioner:
`
`Matthew A. Smith
`Andrew S. Baluch
`SMITH BALUCH LLP
`smith@smithbaluch.com
`baluch@smithbaluch.com
`
`James Sobieraj
`Jon Beaupre
`Yeuzhong Feng
`Andres Shoffstall
`BRINKS GILSON & LIONE
`jsobieraj@brinksgilson.com
`jbeaupre@brinksgilson.com
`yfen@brinksgilson.com
`ashoffstall@brinksgilson.com
`
`Naveen Modi
`Chetan Bansal
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`chetanbansal@paulhastings.com
`
`Collin Park
`Andrew Devkar
`Jeremy Peterson
`Adam Brooke
`MORGAN LEWIS & BOCKIUS LLP
`Collin.park@morganlewis.com
`Andrew.devkar@morganlewis.com
`jpeterson@morganlewis.com
`adam.brooke@morganlewis.com
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-01257
`Patent 8,552,978 B2
`
`Kristopher Reed
`Benjamin Klein
`Norris Booth
`KILPATRICK TOWNSEND
`kreed@kilpatricktownsend.com
`bkleinman@kilpatricktownsend.com
`nboothe@kilpatricktownsend.com
`
`
`For Patent Owner:
`
`Jay P. Kesan
`DIMURO GINSBERG PC-DGKEYIP GROUP
`jkesan@dimuro.com
`
`Ari Rafilson
`SHORE CHAN DEPUMPO LLP
`arafilson@shorechan.com
`
`
`4
`
`
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