`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Ingenico Inc.,
`
`Petitioner
`
`v.
`
`IOENGINE, LLC,
`
`Patent Owner
`
`U.S. Patent No. 9,774,703
`
`Issue Date: September 26, 2017
`
`Title: APPARATUS, METHOD AND SYSTEM FOR A
`
`TUNNELING CLIENT ACCESS POINT
`
`Inter Partes Review No. IPR2019-00584
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 et seq.
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2073
`Page 1 of 3
`
`
`
`Ill. STATEMENT OF PRECISE RELIEF REQUESTED
`
`Ingenico respectfully requests cancellation of claims 1-54 of U.S. Patent No.
`
`9,774,703 ("'703 patent" (Ex. 1001)) based on the following grounds of
`
`unpatentability, explained in detail in section VIII.
`
`Ground 35 U.S.C.
`
`Claims
`
`References
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`102
`
`103
`
`1-17, 19, 20, 23-
`25, 27-29, 32-48,
`50-54
`19-22 and 26
`
`103
`
`17
`
`103
`
`1-20, 23-25, 27-54
`
`103
`
`19-22 and 26
`
`U.S. Patent Publication No.
`2003/0020813 to Iida ("Iida") (Ex.
`1003)
`Iida and US Patent No. 6,467,087
`("Yang") (Ex. 1006)
`Iida and US 2002/0169002 ("Imbrie
`et al.")(Ex. 1005)
`Iida and US2002/0065872
`("Genske") (Ex. 1004)
`Iida and Genske and Yang
`
`103
`
`17
`
`Iida and Genske and Imbrie et al.
`
`IV. THE '703 PATENT CLAIMS EXECUTABLE PROGRAM CODE
`STORED ON A PORTABLE DEVICE
`
`Scott McNulty filed his original patent application on March 23, 2004,
`
`describing the inventive concept as an "effective solution to securely access,
`
`execute and process data ... in an extremely compact form." Ex. 1001, C2:L32-35.
`
`He distinguished his concept from bulky personal digital assistants (PDAs), such
`
`as the Palm Pilot, Ex. 1001, C1:L23-29; C2:L35-38, but went on to nevertheless
`
`seek patent protection encompassing any size portable device. The patent
`
`application described a tunneling client access point (TCAP) that simply plugs into
`
`5
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2073
`Page 2 of 3
`
`
`
`a desktop or laptop computer giving it access to the user interface on the
`
`computer's display monitor. Ex. 1001, C2:L47-53. The TCAP further provides
`
`"storage, execution and/or processing resources" and secure access to remote data.
`
`Ex. 1001, C2:L52-59.
`
`The claims of the original parent patent U.S. 7,861,006 (the '006 patent)
`
`confirm that the invention was understood to be a universal serial bus (USB)
`
`conduit for communication with a computer terminal whose display unit is used to
`
`present an interactive user interface. Ex. 1020, C30:L60-C36:L10; Ex. 1002, ¶22.
`
`All of the claims further require the storage of encrypted data on the memory of the
`
`device. Id. Indeed, encryption is of the essence to a tunneling client. Newton's
`
`Telecom Dictionary in 2002 defined "tunneling" as "to provide a secure,
`
`temporary path over the Internet, or other ...tunneling is the process of
`
`encapsulating an encrypted data packet in an IP packet for secure transmission
`
`across an inherently insecure IP network, such as the Internet." Ex. 1012, p. 5.
`
`The '006 patent prosecution emphasized the presence of intelligence, in
`
`particular, a processor, on the claimed portable USB device. The invention was
`
`distinguished over a prior art USB device that the applicant characterized as
`
`"merely a storage device." Ex. 1019, April 27, 2009 response, p. 181. Applicant
`
`further distinguished over additional prior art arguing it "fails to disclose... the
`
`portable apparatus executes instructions stored on the portable apparatus memory
`
`6
`
`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2073
`Page 3 of 3
`
`
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