Facebook, Inc., Instagram, LLC and WhatsApp Inc.
`v.
`BlackBerry Limited
`
`IPR2019-00942
`U.S. Patent No. 8,677,250
`Petitioners’ Demonstratives
`
`September 8, 2020
`
`Before Miriam L. Quinn, Garth D. Baer, and Aaron W. Moore,
`Administrative Patent Judges
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`1
`
`Facebook's Exhibit No. 1023
`IPR2019-00942
`
`
`v.
`BlackBerry Limited
`
`IPR2019-00942
`U.S. Patent No. 8,677,250
`Petitioners’ Demonstratives
`
`September 8, 2020
`
`Before Miriam L. Quinn, Garth D. Baer, and Aaron W. Moore,
`Administrative Patent Judges
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`Facebook's Exhibit No. 1023
`IPR2019-00942
`
`
`
`Claim 1 of the ’250 Patent
`
`U.S. Patent 8,677,250
`Ex. 1001
`
`Independent Claim 9 is substantially identical
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`2
`
`
`
`Claim 6 of the ’250 Patent
`
`Dependent claim 14 is substantially identical
`
`U.S. Patent 8,677,250
`Ex. 1001
`
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`3
`
`
`
`Instituted Ground
`
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`4
`
`
`
`Key Disputes
`
`• Prior art teaching of:
`• “enabling a game application… to
`utilize a contact list for an instant
`messaging application… by
`identifying game play in the contact
`list”
`“displaying at least one instant
`message… indicative of game
`progress”
`“maintaining the game progress
`data…” (dependent claims 6 & 14)
`
`•
`
`•
`
`• Motivation to combine
`• Galli (IM application) and Crane
`(game application)
`• Galli (contact list) and Miyaji (game
`status information)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`5
`
`
`
`Whether the Prior Art Meets
`“enabling a game application… to utilize a contact list for an instant
`messaging application… by identifying game play in the contact list”
`
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`6
`
`
`
`Prior Art Satisfies “enabling a game application…” – Summary
`
`Reference
`Galli
`
`Disclosure
`Enabling a [software application]… to utilize a
`contact list for an instant messaging application…
`by identifying [software application] in the contact
`list
`
`Crane
`
`Miyaji
`
`Turn-based game application
`
`Identification of game play in list of turn-
`based games with other players
`
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`(Petition at 18-29; Reply at 1-11)
`
`7
`
`
`
`“Enabling a game application…” – Galli
`
`• Galli: Enabling a [software application]… to utilize a contact list for an instant messaging
`application… by identifying [software application] in the contact list
`
`“contact list for an instant
`messaging application”
`
`Clickable IMLet icon in contact list
`identifying software application
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 18-21)
`
`8
`
`
`
`“Enabling a game application…” – Crane
`
`• Crane: Two-player turn-based game application
`
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`(Petition at 21-22)
`
`9
`
`
`
`“Enabling a game application…” – Miyaji
`
`• Miyaji: Identification of game play in list of turn-based games with other players
`
`“match list” of ongoing games
`with different players
`
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`(Petition at 22-23)
`
`10
`
`
`
`“Enabling a game application…” – Galli + Crane + Miyaji
`
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`(Petition at 23-29)
`
`11
`
`
`
`“Enabling a game application…” – Galli + Crane + Miyaji
`
`• Analogous references
`
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`(Petition at 25)
`
`12
`
`
`
`“Enabling a game application…” – Galli + Crane + Miyaji
`
`• Galli broadly applicable to many different application types
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 25-26)
`
`13
`
`
`
`“Enabling a game application…” – Galli + Crane + Miyaji
`
`• Galli touts advantages of including an application’s IMLet icon
`or other visual cue in contact list
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 26-27)
`
`14
`
`
`
`“Enabling a game application…” – Galli + Crane + Miyaji
`
`• Galli touts advantages of including an application’s IMLet icon
`or other visual cue in contact list
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 26-27)
`
`15
`
`
`
`“Enabling a game application…” – Galli + Crane + Miyaji
`
`• Miyaji game status information in contact list
`would provide useful information about ongoing game
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 28-29)
`
`16
`
`
`
`“Enabling a game application…” – Galli + Crane + Miyaji
`
`• Miyaji game status information in contact list
`would provide useful information about ongoing game
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 28-29)
`
`17
`
`
`
`“Enabling a game application…” – Response to PO Arguments
`
`• PO Argues: Galli’s IMLets—and not applications—are the only software that interface
`with contact list
`
`• Response:
`• PO’s argument relies on unsupported assumption that the claims require game
`application to directly utilize contact list of IM application:
`
`• ’250 specification does not explain how utilization accomplished and
`supports indirect utilization
`
`• PO’s expert identified indirect use as examples of utilization
`
`• Direct utilization inconsistent with PO’s litigation position
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 1-9)
`
`18
`
`
`
`“Enabling a game application…” – Response to PO Arguments
`
`• ’250 specification does not explain how utilization accomplished
`and supports indirect utilization
`
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`(Reply at 3-8)
`
`19
`
`
`
`“Enabling a game application…” – Response to PO Arguments
`
`• PO’s expert identified indirect use as examples of utilization
`
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`(Reply at 3-5)
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`20
`
`
`
`“Enabling a game application…” – Response to PO Arguments
`
`• Direct utilization inconsistent with PO’s litigation position
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 8-9)
`
`21
`
`
`
`Whether the Prior Art Meets
`“displaying at least one instant message…
`indicative of game progress”
`
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`22
`
`
`
`Prior Art Satisfies “displaying at least one instant message…” – Summary
`
`Reference
`Galli
`
`Disclosure
`Displaying instant messages for software application in
`conversation user interface
`
`Crane
`
`Message for game move (including clickable game packet)
`
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`(Petition at 33-37)
`
`23
`
`
`
`“Displaying at least one instant message…” – Galli
`
`• Galli: Displaying instant messages for software application in conversation user interface
`
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`(Petition at 34-35)
`
`24
`
`
`
`“Displaying at least one instant message…” – Crane
`
`• Crane: Message for game move (including clickable game packet)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 34)
`
`25
`
`(Crane at 13:10-15)
`
`
`
`“Displaying at least one instant message…” – Crane
`
`• Crane: Message for game move (including clickable game packet)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 36)
`
`26
`
`
`
`“Displaying at least one instant message…” – Response to PO Arguments
`
`• PO Argues: Crane’s game packet is not “indicative of game progress” because there has
`been no progress in the local game application when the packet arrives
`
`• Response:
`• Nothing in claim or written description
`suggests game application must
`“process” the game message before
`displaying the instant message
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 18-20)
`
`27
`
`
`
`“Displaying at least one instant message…” – Response to PO Arguments
`
`• PO Argues: Crane’s game packets are not displayed in Crane’s IM embodiment
`
`• Response:
`• Crane’s technical details irrelevant – improper attack on individual references
`
`• Crane’s technical details not inconsistent with Galli
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 14-18)
`
`28
`
`
`
`“Displaying at least one instant message…” – Response to PO Arguments
`
`• PO Argues: Crane’s game packets are not displayed in Crane’s IM embodiment
`
`• Response:
`• Crane’s technical details irrelevant – improper attack on individual references
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 14-18)
`
`29
`
`
`
`“Displaying at least one instant message…” – Response to PO Arguments
`
`• PO Argues: Crane’s game packets are not displayed in Crane’s IM embodiment
`
`• Response:
`• Crane’s technical details irrelevant – improper attack on individual references
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 15)
`
`30
`
`
`
`“Displaying at least one instant message…” – Response to PO Arguments
`
`• PO Argues: Crane’s game packets are not displayed in Crane’s IM embodiment
`
`• Response:
`• Crane’s technical details not inconsistent with Galli
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 15-17)
`
`31
`
`
`
`Whether the Prior Art Meets
`“maintaining the game progress data…” (claims 6 & 14)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`32
`
`
`
`Prior Art Satisfies “maintaining the game progress data…”
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Petition at 41-42)
`
`33
`
`
`
`Prior Art Satisfies “maintaining the game progress data…”
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 24-25)
`
`34
`
`
`
`Prior Art Satisfies “maintaining the game progress data…”
`
`• PO Argues: Claims 6 and 14 require update or modification to “game progress data” based on
`actions occurring after game messages sent
`
`• Response: Claims do not contemplate update to “game progress data” after game message
`sent. “The game progress data” refers back to “game progress data” in independent claims
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 22-25)
`
`35
`
`
`
`Motivation to Combine
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`36
`
`
`
`Motivation to Combine Galli and Crane – Response to PO
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 20-21)
`
`37
`
`
`
`Motivation to Combine Galli and Crane – Response to PO
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 21)
`
`38
`
`
`
`Motivation to Combine Galli and Miyaji – Response to PO
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 11-14)
`
`39
`
`
`
`Motivation to Combine Galli and Miyaji – Response to PO
`
`• PO overlooks the ways in which the Miyaji match list and the
`Galli contact list are complementary:
`
`• Each item in Miyaji match list represents a particular set of
`communications (a game in progress) with different players
`(Ex. 1020, 27:14-28:2; Ex. 1019, ¶25)
`
`• The user in Miyaji can select any of the items in the list to
`activate application functionality (Petition at 14-15 (citing Miyaji, Ex.
`1005, ¶0066); Petition at 28-29; Ex. 1002, ¶65)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 12-13)
`
`40
`
`
`
`Motivation to Combine Galli and Miyaji – Response to PO
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 13)
`
`41
`
`
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`Motivation to Combine Galli and Miyaji – Response to PO
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Reply at 13-14)
`
`42
`
`
`
`Thank you
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`43
`
`
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