Paper 8
`Trials@uspto.gov
`571-272-7822 Entered: July 10, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner
`
`v.
`
`QUALCOMM INCORPORATED,
`Patent Owner.
`____________
`
`Case IPR2019-00049
`Patent 9,154,356 B2
`____________
`
`
`
`Before DANIEL N. FISHMAN, MICHELLE N. WORMMEESTER,
`and AARON W. MOORE, Administrative Patent Judges.
`
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`
`
`DECISION
`Instituting Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822 Entered: July 10, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner
`
`v.
`
`QUALCOMM INCORPORATED,
`Patent Owner.
`____________
`
`Case IPR2019-00049
`Patent 9,154,356 B2
`____________
`
`
`
`Before DANIEL N. FISHMAN, MICHELLE N. WORMMEESTER,
`and AARON W. MOORE, Administrative Patent Judges.
`
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`
`
`DECISION
`Instituting Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`
`Case IPR2019-00049
`Patent 9,154,356 B2
`
`I.
`
`INTRODUCTION
`
`Intel Corporation (“Petitioner”) filed a Petition for inter partes review
`
`of claims 2–8 and 11 of U.S. Patent No. 9,154,356 B2 (Ex. 1201,
`
`“’356 patent”).1 Paper 3 (“Pet.”). Qualcomm Incorporated (“Patent
`
`Owner”) filed a Preliminary Response. Paper 7 (“Prelim. Resp.”).
`
`Institution of an inter partes review is authorized by statute when “the
`
`information presented in the petition . . . and any response . . . shows that
`
`there is a reasonable likelihood that the petitioner would prevail with respect
`
`to at least 1 of the claims challenged in the petition.” 35 U.S.C. § 314(a);
`
`see 37 C.F.R. § 42.108.
`
`Having considered the Petition, the Preliminary Response, and the
`
`evidence of record, we conclude there is a reasonable likelihood that
`
`Petitioner will prevail in establishing the unpatentability of at least one
`
`challenged claim of the ’356 patent and, therefore, institute inter partes
`
`review.
`
`A.
`
`Related Matters
`
`Petitioner filed two petitions, IPR2019-00128 (the “’128 petition”)
`
`and IPR2019-00129 (the “’129 petition”), seeking inter partes review of
`
`claims 1–8, 10, 11, 17, and 18 of the ’356 patent based on prior art different
`
`than that presented in this petition. We instituted reviews in those petitions
`
`on May 29, 2019.
`
`Petitioner filed another petition in IPR2019-00047 (the “’047
`
`petition”), seeking inter partes review of claims 1, 7, 8, 10, 11, 17, and 18 of
`
`
`
`1 Petitioner states that the real parties-in-interest are “Intel and Apple Inc.”
`Pet. 1.
`
`2
`
`
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`Case IPR2019-00049
`Patent 9,154,356 B2
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`the ’356 patent based on prior art different than that presented in this petition
`
`and the ’128 and ’129 petitions, and filed another petition, IPR2019-00048
`
`(the “’048 petition”), seeking inter partes review of claims 1, 9, 10, 17, and
`
`18 of the ’356 patent based on the same prior art presented in this petition.
`
`The Petition states that Patent Owner “has asserted the ’356 patent
`
`against Apple in Certain Mobile Electronic Devices and Radio Frequency
`
`and Processing Components Thereof, Investigation No. 337-ITC-1093,
`
`currently pending before the International Trade Commission” and “also has
`
`asserted the ’356 patent against Apple in another currently pending case,
`
`Qualcomm Inc. v. Apple Inc., No. 3:17-cv-02398 (S.D. Cal.).” Pet. 1. In
`
`updated mandatory notices filed in IPR2019-00128 on May 24, 2019,
`
`Petitioner advised the Board that the private parties to the 1093 ITC
`
`investigation have moved to terminate, and that the 17-cv-02398 District
`
`Court litigation has been dismissed.
`
`B.
`
`The ’356 Patent
`
`The ’356 Patent is directed to “[l]ow noise amplifiers . . . supporting
`
`carrier aggregation.” ’356 Patent, Abstract. In the embodiment described in
`
`the Abstract, an “input RF signal includes transmissions sent on multiple
`
`carriers at different frequencies,” a “first amplifier stage receives and
`
`amplifies [the input signal] and provides a first output RF signal to a first
`
`load circuit when the first amplifier stage is enabled,” and a “second
`
`amplifier stage receives and amplifies the input RF signal and provides a
`
`second output RF signal to a second load circuit when the second amplifier
`
`stage is enabled.” Id.
`
`3
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`Case IPR2019-00049
`Patent 9,154,356 B2
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`Figure 6A details an example of a low noise amplifier according to the
`
`’356 patent:
`
`Figure 6A shows “an LNA with inductive degeneration
`and cascode shutoff.” ’356 Patent 1:54–55.
`
`
`
`Amplifier stage 650a includes source degeneration inductor 652a, gain
`
`transistor 654a, cascode transistor 656a, and switch 658a. See ’356 Patent
`
`7:58–8:4. Similarly, amplifier stage 650b includes source degeneration
`
`inductor 652b, gain transistor 654b, cascode transistor 656b, and switch
`
`658b. See id. at 8:4–9. Amplifier stages 650a and 650b are both coupled to
`
`common input matching circuit 632 and to respective load circuits 690a and
`
`690b. See id. at 7:47–49.
`
`In operation, matching circuit 632 receives receiver input signal RXin,
`
`performs input matching for low noise amplifier 640a, and provides input
`
`RF signal RFin to low noise amplifier 640a. See ’356 Patent 7:49–52. Input
`
`RF signal RFin may include transmissions on one set of carriers or
`
`transmissions on two sets of carriers in the same band, with each set
`
`including one or more carriers. See id. at 7:55–57, 8:16–18, 8:30–32. An
`
`4
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`Case IPR2019-00049
`Patent 9,154,356 B2
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`RF signal with transmissions on multiple sets of carriers is called a carrier
`
`aggregated RF signal. See id. at 8:16–18.
`
`Low noise amplifier 640a operates in either a non-carrier aggregation
`
`(non-CA) mode or a carrier aggregation (CA) mode, depending on the type
`
`of input RF signal it receives. See ’356 Patent 8:24–32, 8:36–44. In the
`
`non-CA mode, low noise amplifier 640a receives transmissions on one set of
`
`carriers and provides one output RF signal to one load circuit. See id. at
`
`8:30–32. Only one amplifier stage is enabled, while the other amplifier
`
`stage is disabled. See id. at 8:46–47. This is illustrated in Figure 6C:
`
`Figure 6C shows “an LNA with inductive degeneration
`and cascode shutoff.” ’356 Patent 1:54–55.
`
`
`
`Amplifier stage 650a is enabled by connecting the gate of cascode transistor
`
`656a to the Vcasc voltage via switch 658a, and amplifier stage 650b is
`
`disabled by shorting the gate of cascode transistor 656b to circuit ground via
`
`switch 658b. See ’356 Patent 8:47–52. Amplifier stage 650a amplifies the
`
`input RF signal and provides an output RF signal to load circuit 690a. See
`
`id. at 8:52–54.
`
`5
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`Case IPR2019-00049
`Patent 9,154,356 B2
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`In the CA mode, low noise amplifier 640a receives transmissions on
`
`two sets of carriers and provides two output RF signals to two load circuits,
`
`one output RF signal for each set of carriers and both amplifier stages are
`
`enabled. See ’356 Patent 8:32–38. This is shown in Figure 6B:
`
`Figure 6B shows “an LNA with inductive degeneration
`and cascode shutoff.” ’356 Patent 1:54–55.
`
`
`
`Amplifier stages 650a and 650b are enabled by connecting the gate of
`
`cascode transistor 656a to the Vcasc voltage via switch 658a and coupling
`
`the gate of cascode transistor 656b to the Vcasc voltage via switch 658b.
`
`See ’356 Patent 8:37–40. The carrier aggregated RF signal splits at the input
`
`of low noise amplifier 640a, and then amplifier stages 650a and 650b
`
`amplify the carrier aggregated RF signal and provide two output RF signals
`
`to two separate downconverters in load circuits 690a and 690b. See id. at
`
`8:21–28. Specifically, amplifier stage 650a amplifies the input RF signal
`
`and provides the first output RF signal to load circuit 690a. See id. at 8:41–
`
`42. Similarly, amplifier stage 650b amplifies the input RF signal and
`
`provides the second output RF signal to load circuit 690b. See id. at 8:42–
`
`44.
`
`6
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`Case IPR2019-00049
`Patent 9,154,356 B2
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`C.
`
`Illustrative Claim
`
`All of the claims challenged in this Petition depend from claim 1,
`
`which is thus indicative of the subject matter addressed in this proceeding:
`
`1. An apparatus comprising:
`
`a first amplifier stage configured to be independently enabled or
`disabled, the first amplifier stage further configured to receive
`and amplify an input radio frequency (RF) signal and provide a
`first output RF signal to a first load circuit when the first
`amplifier stage is enabled, the input RF signal employing
`carrier aggregation comprising transmissions sent on multiple
`carriers at different frequencies to a wireless device, the first
`output RF signal including at least a first carrier of the multiple
`carriers; and
`
`a second amplifier stage configured to be independently
`enabled or disabled, the second amplifier stage further
`configured to receive and amplify the input RF signal and
`provide a second output RF signal to a second load circuit when
`the second amplifier stage is enabled, the second output RF
`signal including at least a second carrier of the multiple carriers
`different than the first carrier.
`
`’356 Patent 20:43–61.
`
`D.
`
`Asserted Grounds of Unpatentability
`
`Petitioner asserts that claims 2–8 and 11 are unpatentable on the
`
`following grounds:
`
`References
`
`Jeon2 and Xiong3
`
`Basis
`
`Claims
`
`§ 103
`
`2–8 and 11
`
`
`
`2 Jeon et al., A Scalable 6-to-18 GHz Concurrent Dual-Band Quad-Beam
`Phased-Array Receiver in CMOS, IEEE Journal of Solid-State Circuits, Vol.
`43, No. 12, 2660–2673 (2008) (Ex. 1205).
`
`3 Xiong et al., US 2010/0237947 A1 (Ex. 1206).
`
`7
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`Case IPR2019-00049
`Patent 9,154,356 B2
`
`References
`
`Basis
`
`Claims
`
`Jeon, Xiong, and the Feasibility Study4
`
`§ 103
`
`2–8 and 11
`
`Petitioner also relies on a Declaration of Patrick Fay, Ph.D., filed as
`
`Exhibit 1202.
`
`A.
`
`35 U.S.C. § 314(a)
`
`II. DISCUSSION
`
`Patent Owner argues that “Petitioner challenges overlapping claims
`
`with redundant references and arguments across two petitions” and “[t]he
`
`Board should exercise its discretion under 35 U.S.C. § 314(a) to deny
`
`Petitioner’s serial attacks on the same claims of the ’356 Patent.” Prelim.
`
`Resp. 7. Patent Owner asserts that “Petitioner challenges dependent claims
`
`2–6 in two separate petitions and four different invalidity grounds” and
`
`“Petitioner thus challenges nearly overlapping sets of claims with grounds
`
`that are substantially the same as each other and applied in the same
`
`manner.” Prelim. Resp. 8–9. Patent Owner further argues that the
`
`combinations involving the Feasibility Study “are cumulative to one
`
`another.” Id. at 9.
`
`We first observe that these petitions were filed within days of each
`
`other and, thus, are not “serial” petitions, as Patent Owner argues. We also
`
`do not agree with Patent Owner that this petition is “redundant” or
`
`“cumulative” of the ’129 petition. That petition alleges that the independent
`
`
`
`4 3rd Generation Partnership Project; Technical Specification Group Radio
`Access Network; Feasibility Study for Further Advancements for E-UTRA
`(LTE-Advanced) (Release 9), 3GPP TR 36.912, v9.1.0 (December 2009)
`(Ex. 1204).
`
`8
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`Case IPR2019-00049
`Patent 9,154,356 B2
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`claims are unpatentable as anticipated by Lee or, if Lee is found not to
`
`disclose “carrier aggregation,” then unpatentable in view of Lee and the
`
`Feasibility Study. See IPR 2019-00129, Paper 3, 41–79. That case thus
`
`presents what is primarily an anticipation argument, in which the main
`
`reference is alleged to show two amplifiers that are independently
`
`switchable. This case, on the other hand, alleges that one reference, Jeon,
`
`teaches the use of two amplifiers and that it would have been obvious in
`
`view of the teachings of another reference, Xiong, to make those amplifiers
`
`independently switchable. Because this case presents both different primary
`
`references and a fundamentally different theory of unpatentability––
`
`obviousness instead of anticipation––we decline to exercise our discretion to
`
`deny institution due to the ’129 petition.
`
`B.
`
`Level of Skill in the Art
`
`The level of skill in the art is a factual determination that provides a
`
`primary guarantee of objectivity in an obviousness analysis. See Al-Site
`
`Corp. v. VSI Int’l, Inc., 174 F.3d 1308, 1323 (Fed. Cir. 1999) (citing
`
`Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966)). The level of skill in
`
`the art also informs the claim construction analysis. See Teva Pharm. USA,
`
`Inc. v. Sandoz, Inc., 135 S. Ct. 831, 841 (2015) (explaining that claim
`
`construction seeks the meaning “a skilled artisan would ascribe” to the claim
`
`term “in the context of the specific patent claim”).
`
`Petitioner asserts that a person of ordinary skill in the art “would have
`
`had at least an M.S. degree in electrical engineering (or equivalent
`
`experience) and would have had at least two years of experience with the
`
`structure and operation of RF transceivers and related structures (or the
`
`9
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`Patent 9,154,356 B2
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`equivalent).” Pet. 34 (citing Fay Decl. ¶ 57). Patent Owner does not address
`
`this issue in the Preliminary Response.
`
`As Patent Owner does not dispute Petitioner’s characterization of the
`
`level of skill in the art, we adopt it for purposes of this analysis.
`
`C. Claim Construction
`
`In inter partes reviews filed before November 13, 2018, such as this
`
`one, the Board construes claims in an unexpired patent according to their
`
`broadest reasonable construction in light of the specification of the patent in
`
`which they appear. See Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131,
`
`2144–46 (2016); 83 Fed. Reg. 51,340. The broadest reasonable construction
`
`is the “ordinary and customary meaning” to a person of ordinary skill in the
`
`art at the time of invention. See In re Translogic Tech., Inc., 504 F.3d 1249,
`
`1257 (Fed. Cir. 2007); Phillips v. AWH Corp., 415 F.3d 1303, 1312–14
`
`(Fed. Cir. 2005) (en banc).
`
`Petitioner asserts that “carrier aggregation” should be construed as
`
`“simultaneous operation on multiple carriers.” Pet. 30. Patent Owner
`
`“submits that no terms must be construed at this stage in the proceeding” but
`
`“reserves the right to put forth constructions of particular claim terms and to
`
`rebut constructions proffered in the petition as relevant to the patentability of
`
`the claims should trial be instituted.” Prelim. Resp. 7.
`
`Given the record before us, we do not find it necessary to engage in
`
`formal claim construction at this stage. See Nidec Motor Corp. v.
`
`Zhongshan Broad Ocean Motor Co. Ltd., 868 F.3d 1013, 1017 (Fed. Cir.
`
`2017) (explaining that construction is needed only for terms that are in
`
`dispute, and only to the extent necessary to resolve the controversy).
`
`10
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`Patent 9,154,356 B2
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`D. Ground 1: Jeon and Xiong
`
`Ground 1 alleges that dependent claims 2–8 and 11 are unpatentable
`
`under 35 U.S.C. § 103(a) in view of Jeon and Xiong. See Pet. 41–80.
`
`1.
`
`Jeon
`
`Jeon is a paper that describes a tunable concurrent amplifier (“TCA”)
`
`for use in a concurrent dual-band receiver that receives an incoming RF
`
`signal that contains two frequencies, one in a low-band (“LB”) and one in a
`
`high band (“HB”). See Jeon 2663. The TCA “amplifies, filters, and finally
`
`splits the RF signal into two separate outputs; one at LB and the other at
`
`HB.” Id. These two signals go through “separate double down-conversion
`
`by subsequent RF and IF mixers.” Id. Figure 6 of Jeon shows how the TCA
`
`receives an input signal (“RF Input”) that includes the LB and HB
`
`frequencies, where LB and HB are amplified by separate cascode amplifiers
`
`“M1-M2” and “M3-M4”:
`
`Figure 6 of Jeon is a “[s]chematic of [a] TCA with
`a single input and a dual output.” Jeon 2664.
`
`
`
`11
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`2.
`
`Xiong
`
`Xiong is a patent application directed to “[t]echniques for designing a
`
`low-noise amplifier (LNA) for operation over a wide range of input power
`
`levels.” Xiong, Abstract. The reference describes a low-noise (“LN”) mode
`
`in which both gain paths (amplifiers) are enabled, and a high-linearity
`
`(“HL”) mode, in which the only one gain path is enabled. Id. ¶ 29. It
`
`further explains that “the total gain provided to the input signal RF IN may
`
`advantageously be adjusted by selectively enabling or disabling the first
`
`and/or second gain paths.” Id. ¶ 30. Figure 3 of Xiong shows switches SW1
`
`335 and SW2 325 controlling gain paths 301 and 302:
`
`“FIG.3 illustrates an implementation of an LNA
`that adopts a dual architecture.” Xiong ¶ 9.
`
`
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`12
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`3. Mapping Claim 2 to Jeon and Xiong
`
`Petitioner provides the following mapping of the limitations of
`
`challenged claim 2, including the limitations of claim 1 (which is not
`
`challenged), onto the combination of Jeon and Xiong. See Pet. 41–64.
`
`a.
`
`First Amplifier Stage
`
`Claim 1 recites “a first amplifier stage” that is “configured to be
`
`independently enabled or disabled” and “configured to receive and amplify
`
`an input radio frequency (RF) signal and provide a first output RF signal to a
`
`first load circuit when the first amplifier stage is enabled.”
`
`Petitioner asserts that “Jeon teaches a first amplifier stage,” as it
`
`“states that ‘[t]he [tunable concurrent amplifier] is implemented in a parallel
`
`cascode configuration’” and describes how “[a]n incoming input RF signal
`
`is ‘selectively amplified by two separate cascode amplifiers (M1-M2, M3-
`
`M4) that have tunable LC output loads.’” Pet. 43 (citing Jeon 2665; Fay
`
`Decl. ¶ 79).
`
`Petitioner acknowledges that “Jeon does not teach whether the low-
`
`band amplifier is configured to be independently enabled or disabled,” but
`
`asserts that “Xiong teaches a first amplifier stage that is independently
`
`enabled or disabled with switches.” Pet. 44. Specifically, Petitioner argues
`
`that Figure 3 of Xiong “show[s] a switch being used to selectively enable
`
`and disable [a] first amplifier stage.” Id. at 46.
`
`Petitioner further argues that one would have been motivated to
`
`modify Jeon so as “to turn off unused circuitry to achieve lower power
`
`consumption during single-band operation.” Pet. 48 (citing Xiong ¶ 34; Fay
`
`Decl. ¶ 85). Petitioner asserts that “[m]odifying Jeon in this way would
`
`have amounted to no more than combining the prior art elements of the
`
`13
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`amplifiers of Jeon and switches of Xiong according to known methods to
`
`yield the predictable result of an amplifier that can operate in a concurrent
`
`dual-band mode or a single-band mode without consuming excess power”
`
`and that “[t]here would have been a reasonable expectation of success
`
`because the combinations could have been implemented with well-known
`
`circuit design and manufacturing techniques and would have produced
`
`predictable results.” Id. at 48–49.
`
`Regarding the RF signals, Petitioner asserts that “Figure 6 of Jeon
`
`shows the first amplifier stage (LB amplifier) configured to receive and
`
`amplify an input RF signal (RF input) and provide a first output RF signal
`
`(LB output) to a first load circuit, which Jeon explains goes to a mixer” and
`
`that “[t]he LB output is an output RF signal because it has not undergone
`
`downconversion until it reaches the RF and IF mixers.” Id. at 48–50 (citing
`
`Fay Decl. ¶ 87). Petitioner argues that “[a] POSITA would have understood
`
`that [Jeon’s] first amplifier stage amplifies the input RF signal and provides
`
`an output RF signal only when the first amplifier stage is enabled,” and that,
`
`in the alternative, “[c]ombining Xiong’s enabling/disabling capability with
`
`Jeon’s amplifier stages results in an amplifier stage that amplifies and
`
`provides output ‘when enabled.’” Id. at 49–50.
`
`b.
`
`Input RF Signal and First Output RF Signal
`
`Claim 1 next recites that “the input RF signal employ[s] carrier
`
`aggregation comprising transmissions sent on multiple carriers at different
`
`frequencies to a wireless device” and that “the first output RF signal
`
`includ[es] at least a first carrier of the multiple carriers.”
`
`Petitioner asserts that “[t]he input RF signal received by the tunable
`
`concurrent amplifier in Figure 6 of Jeon is “a dual-band signal containing
`
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`two different frequencies concurrently, one in the low band (LB) from 6 to
`
`10.4 GHz and the other in the high band (HB) from 10.4 to 18 GHz.”
`
`Pet. 51 (citing Jeon 2662). According to Petitioner, “[a] POSITA would
`
`have understood that ‘low’ and ‘high band’ refer to nonoverlapping
`
`frequency ranges that include different carriers” and that “that the (first)
`
`low-band frequency in Jeon was a different carrier at a different frequency
`
`than the (second) high-band frequency.” Id. at 51–52.
`
`Petitioner further argues that “Jeon [teaches] ‘a dual-band signal
`
`containing two different frequencies concurrently,” which teaches carrier
`
`aggregation under [Petitioner’s] proposed construction, and that Jeon also
`
`includes “carrier aggregation” under a construction Patent Owner pursued in
`
`the ITC. See Pet. 52–53.
`
`c.
`
`Second Amplifier Stage
`
`Claim 1 further recites “a second amplifier stage” that is “configured
`
`to be independently enabled or disabled” and “configured to receive and
`
`amplify the input RF signal and provide a second output RF signal to a
`
`second load circuit when the second amplifier stage is enabled.”
`
`Petitioner argues that Figure 6 of Jeon “shows a second amplifier
`
`stage comprising the transistors M4 (gain transistor) coupled to M3 (cascode
`
`transistor),” and relies on Xiong for teaching “that the second amplifier stage
`
`is configured to be independently enabled or disabled,” with analysis similar
`
`to that regarding the first amplifier. See Pet. 55–57.
`
`d.
`
`Second Output RF Signal
`
`Finally, claim 1 recites that the second output RF signal “includ[es] at
`
`least a second carrier of the multiple carriers different than the first carrier.”
`
`15
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`For this last limitation of claim 1, Petitioner argues that “the HB
`
`amplifier stage in Jeon ‘receive[s] a dual-band signal containing two
`
`different frequencies concurrently, one in the low band (LB) from 6 to
`
`10.4 GHz and the other in the high band (HB) from 10.4 to 18 GHz.’”
`
`Pet. 60 (citing Jeon 2662).
`
`e.
`
`Gain Transistors
`
`Claim 2 recites that the first amplifier stage comprises “a first gain
`
`transistor coupled to a first cascode transistor,” that the second amplifier
`
`stage comprises “a second gain transistor coupled to a second cascode
`
`transistor, and that “the input RF signal [is] provided to both the first and
`
`second gain transistors.”
`
`Petitioner asserts that the LB amplifier in Jeon’s Figure 6 “comprises
`
`the transconductance transistor M2 . . . coupled to the cascode transistor
`
`M1,” that “a transconductance transistor is a gain transistor that converts
`
`voltage to current,” and that Jeon thus “teaches a first amplifier stage
`
`comprising a first gain transistor coupled to a first cascode transistor.”
`
`Pet. 62–63. Petitioner similarly identifies transconductance transistor M4 as
`
`the second gain transistor coupled to a second cascode transistor. See id. at
`
`62–63. Petitioner then asserts that in Jeon “an incoming RF signal ‘feeds a
`
`tunable concurrent amplifier (TCA),’ which ‘amplifies, filters, and finally
`
`splits the input RF signal into two separate outputs’” and “the input RF
`
`signal is provided to both M2 (the first gain transistor of the first amplifier
`
`stage) and M4 (the second gain transistor of the second amplifier stage).”
`
`Id. at 63 (citing Jeon 2663; Fay Decl. 102).
`
`16
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`
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`Case IPR2019-00049
`Patent 9,154,356 B2
`
`4.
`
`Ground 1 Conclusion
`
`Patent Owner does not respond to Petitioner’s analysis of claims 1 or
`
`2 and, on the current record, we find Petitioner has sufficiently shown that
`
`the combination of Jeon and Xiong discloses the features of claim 2. With
`
`respect to a motivation to combine, we observe that Xiong differs from what
`
`is claimed in that it uses switches to apply variable levels of gain to a signal,
`
`not for purposes of selective power saving, and that paragraph 34 describes
`
`the inclusion of otherwise unnecessary switch 335 to turn off “the entire
`
`LNA,” not just a portion of the LNA. Nevertheless, in view of the record as
`
`a whole, as developed to date, we find that Petitioner has sufficiently
`
`articulated a motivation to combine for purposes of institution.
`
`For these reasons, we conclude that Petitioner has demonstrated a
`
`reasonable likelihood of prevailing on its assertion that claim 2 would have
`
`been obvious in view of Jeon and Xiong.
`
`Patent Owner does not respond to Petitioner’s analysis of claims 3–8
`
`and 11 and, for the reasons stated in the Petition (see Pet. 64–80), we
`
`determine that Petitioner has also shown a reasonable likelihood of
`
`prevailing as to those claims.
`
`5.
`
`Ground 2: Adding the Feasibility Study
`
`Ground 2 is the same as ground 1, except that Petitioner adds the
`
`Feasibility Study. See Pet. 80–84. The Feasibility Study is a 3GPP (Third
`
`Generation Partnership Project) technical report that considers technology
`
`components for the evolution of E-UTRA (Evolved Universal Mobile
`
`Telecommunications System Terrestrial Radio Access). See Feasibility
`
`Study 6–8.
`
`17
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`
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`Case IPR2019-00049
`Patent 9,154,356 B2
`
`Petitioner contends that “[t]o the extent Patent Owner argues that Jeon
`
`in view of Xiong fails to teach an input RF signal employing carrier
`
`aggregation, . . . the Feasibility Study also discloses this element.” Pet. 80–
`
`81. Petitioner argues that “[t]he Feasibility Study teaches that ‘LTE-
`
`Advanced extends LTE release 8 with support for Carrier Aggregation,
`
`where two or more component carriers (CC) are aggregated in order to
`
`support wider transmission bandwidths up to 100MHz and for spectrum
`
`aggregation’” and that a “terminal may simultaneously receive one or
`
`multiple component carriers depending on its capabilities.’” Id. at 81–83
`
`(citing Feasibility Study 8; Fay Decl. ¶ 133). Petitioner contends that one
`
`“would have been motivated to use the Feasibility Study’s carrier-
`
`aggregated input RF signal with the Jeon/Xiong front-end architecture
`
`because of the benefits of carrier aggregation identified in the Feasibility
`
`Study” and that “[f]or example, the Feasibility Study teaches that carrier
`
`aggregation provides wider transmission bandwidths and spectrum
`
`aggregation and is supported by the LTE-Advanced standard.” Pet. 82–83
`
`(citing Feasibility Study, 8; Fay Decl. ¶¶ 128, 130).
`
`On the record before us, we are persuaded that Petitioner has
`
`sufficiently shown that the Feasibility Study teaches an “input RF signal
`
`employing carrier aggregation” and that Petitioner’s motivation to combine
`
`is sufficient to support the legal conclusion of obviousness.
`
`For the remaining limitations of claim 2, as well as the limitations of
`
`claims 3–8 and 11, Petitioner relies on its arguments with respect to the
`
`combination of Jeon and Xiong. See Pet. 83–84. Because, as discussed
`
`above, we are persuaded by those arguments, we determine that Petitioner
`
`has demonstrated a reasonable likelihood of prevailing on its assertions that
`
`18
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`Case IPR2019-00049
`Patent 9,154,356 B2
`
`claims 2–8 and 11 would have been obvious over Jeon, Xiong, and the
`
`Feasibility Study.
`
`III. CONCLUSION
`
`Petitioner demonstrates a reasonable likelihood of prevailing in
`
`showing the unpatentability of claims 2–8 and 11 of the ’356 patent.
`
`IV. ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that, pursuant to 35 U.S.C. § 314(a), an inter partes
`
`review is hereby instituted as to all challenged claims 2–8 and 11 of the
`
`’356 patent, on all the grounds of unpatentability presented in the Petition:
`
`References
`
`Jeon and Xiong
`
`Basis
`
`Claims
`
`§ 103
`
`2–8 and 11
`
`Jeon, Xiong, and the Feasibility Study
`
`§ 103
`
`2–8 and 11
`
`FURTHER ORDERED that, pursuant to 35 U.S.C. § 314(c) and
`
`37 C.F.R. § 42.4, notice is hereby given of the institution of a trial, which
`
`commences on the entry date of this Decision.
`
`
`
`
`
`19
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`Case IPR2019-00049
`Patent 9,154,356 B2
`
`FOR PETITIONER:
`
`David Cavanaugh
`John Hobgood
`Benjamin Fernandez
`david.cavanaugh@wilmerhale.com
`john.hobgood@wilmerhale.com
`ben.fernandez@wilmerhale.com
`
`
`FOR PATENT OWNER:
`
`David B. Cochran
`Matthew W. Johnson
`Joseph M. Sauer
`Joshua R. Nightingale
`David M. Maiorana
`dcochran@jonesday.com
`mwjohnson@jonesday.com
`jmsauer@jonesday.com
`jrnightingale@jonesday.com
`dmaiorana@jonesday.com
`
`
`
`
`
`
`
`20
`
`
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