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`––––––––––
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`––––––––––
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`MARVELL SEMICONDUCTOR, INC.,
`Petitioner,
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`v.
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`UNILOC 2017 LLC,
`Patent Owner.
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`––––––––––
`
`IPR2019-01349
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`U.S. Patent No. 7,016,676
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`––––––––––
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`PETITION FOR INTER PARTES REVIEW
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`OF U.S. PATENT NO. 7,016,676
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`
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`TABLE OF CONTENTS
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`Background ...................................................................................................... 1
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`’676 Patent ....................................................................................................... 3
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`Identification of Challenge .............................................................................. 4
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`Statutory Grounds.................................................................................. 4
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`Relied-Upon Prior Art ........................................................................... 4
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`US Patent 7,031,274 (“Sherman”) .............................................. 5
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`US Patent 7,039,358 (“Shellhammer”) ....................................... 7
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`US Patent 6,215,982 (“Trompower”) ......................................... 9
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`US Patent 6,643,278 (“Panasik”) ................................................ 9
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`Standing ................................................................................................. 9
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`Discretionary Analysis for Review ....................................................... 9
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`Priority ................................................................................................. 10
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`Level of Ordinary Skill .................................................................................. 11
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`Claim Construction ........................................................................................ 13
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`“stations which operate in accordance with a first radio
`interface standard and/or a second radio interface standard” ............. 14
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`“renders the frequency band available for access by the stations
`working in accordance with the second radio interface standard
`if stations working in accordance with the first radio interface
`standard do not request access to the frequency band” ....................... 15
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`“the control station also carries out functions which cause radio
`systems in accordance with the first radio interface standard to
`interpret the radio channel as interfered and to seize another
`radio channel for its own operation” (Claim 5) .................................. 16
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`Challenged Claims ......................................................................................... 18
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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` Ground 1: Sherman Obviousness ........................................................ 18
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`KSR Factors ............................................................................... 18
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`Independent Claim 1 ................................................................. 21
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`Dependent Claim 2.................................................................... 35
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`
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`Ground 2: Obviousness Based on Sherman in View of
`Trompower .......................................................................................... 38
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`KSR Factors ............................................................................... 38
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` Motivation to Combine ............................................................. 39
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`Dependent Claim 5.................................................................... 42
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`Ground 3: Obviousness Based on Shellhammer ................................. 46
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`KSR Factors ............................................................................... 46
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`Independent Claim 1 ................................................................. 48
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`Dependent Claim 2.................................................................... 62
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` Ground 4: Obviousness Based on Shellhammer in View of
`Trompower .......................................................................................... 64
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`
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`KSR Factors ............................................................................... 64
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` Motivation to Combine ............................................................. 64
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`Dependent Claim 5.................................................................... 68
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`
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`Ground 5: Obviousness based on Shellhammer in view of
`Panasik ................................................................................................. 70
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` Motivation to Combine and KSR Factors................................. 70
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`Dependent Claim 5.................................................................... 72
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` Conclusion ..................................................................................................... 75
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` Mandatory Notices and Fees ......................................................................... 76
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`Exhibit No. Description
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`EXHIBIT LIST
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`
`1001
`1002
`1003
`1004
`1005
`1006
`1007
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`1008
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`1009
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`1010
`1011
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`1012
`1013
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`1014
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`1015
`1016
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`U.S. Patent No. 7,016,676 to Walke et al. (“the ’676 patent”)
`Prosecution File History for the ’676 patent
`Declaration of Dr. Sumit Roy
`U.S. Patent No. 7,031,274 (“Sherman”)
`U.S. Patent No. 7,039,358 B1 (“Shellhammer”)
`U.S. Patent No. 6,215,982 (“Trompower”)
`Y. Akaiwat et al., “An integrated voice and data radio access
`system”, 1992 Proceeding Vehicular Technology Society 42nd
`VTS Conference – Frontiers of Technology, May 10-13, 1992.
`(Including authenticating declaration from IEEE) (“Akaiwa”)
`US Provisional Application No. 60/175,262 (“Shellhammer ’262
`provisional”)
`US Provisional Application No. 60/196,979 (“Shellhammer ’979
`provisional”)
`U.S. Patent No. 6,377,608 (“Zyren”)
`US Provisional Application No. 60/261,935 (“Sherman
`provisional”)
`Declaration of Dr. Sylvia Hall-Ellis
`Uniloc 2017 LLC v. Microsoft Corporation Complaint for Patent
`Infringement, No. 8:18-cv-02053, Dkt. 1
`G. Bark, “Power control and active channel selection in an LPI
`FH system for HF communications”, Proceedings of MILCOM
`97, November 3-5, 1997 (Including authenticating declaration
`from IEEE) (“Bark”)
`U.S. Patent No. 6,643,278 (“Panasik”)
`Uniloc Infringement Contentions (from IPR2019-01125, Exhibit
`1003)
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`Wireless radio systems proliferated in the 1990s, leading to several standards
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`such as IEEE 802.11 (“Wi-Fi”), Bluetooth, and HIPERLAN/2 that operated in the
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`same frequency bands. Interference became a known issue, and coexistence
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`techniques were developed in the prior art to allow popular standards to share the
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`same frequency bands.
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`For example, Sherman taught a Hybrid AP that alternated between IEEE
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`802.11a and HIPERLAN/2 on a common channel, using the 802.11a point
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`coordination function (“PCF”) for reserving time for HIPERLAN/2 and then
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`relinquishing the channel for 802.11a. Another reference Shellhammer taught
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`802.11 and Bluetooth coexistence by alternating between the two standards.
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`The ’676 patent purports to invent a coexistence technique for 802.11a and
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`HIPERLAN/2, where a control station such as an “Access Point AP” controls the
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`alternate use of a common frequency band, using the 802.11a PCF to reserve time
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`for HIPERLAN/2 stations, and if they do not request access, rendering the band
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`available for 802.11a. In district court, Patent Owner (“PO”) accused 802.11 and
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`Bluetooth coexistence techniques of infringement.
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`
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`BACKGROUND
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`By the late 1990s, the unlicensed 5 GHz and 2.4 GHz industrial, scientific
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`and medical (“ISM”) bands had become overcrowded with many standards
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`including Bluetooth and IEEE 802.11. See Ex. 1010, 1:21-50. Thus “it is essential
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`that the various radio systems utilizing the ISM band be capable of at least some
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`degree of coexistence.” Id. The ’676 patent admits this was known in the art. See
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`Ex. 1005, 1:13-20; Ex. 1003 ¶72. Wireless coexistence was discussed frequently
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`at industry conferences and standards meetings. Ex. 1003 ¶73.
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`Coexistence solutions often used Access Points (“AP”). In many wireless
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`systems, APs—also referred to as base stations—coordinated traffic flow, and thus
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`it was natural for APs to coordinate traffic between different standards. Ex. 1003
`
`¶74. A straightforward approach allowed devices of one protocol to access the
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`medium first, and if they did not, allowed another protocol to do so. Id. ¶75. This
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`was a basic networking concept exemplified in early works, such as Akaiwa,
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`which added data terminals into an existing system for wireless voice
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`communications. Id.; Ex. 1007 at 0007, Figure 1:
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`Akaiwa gave voice terminals priority by allowing them to transmit normally,
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`and when they did not request access, the base station released the channel for data
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`transmissions. See Ex. 1007 at 0006-0007 (“The base station controls the
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`transmission of data signal by sending a busy signal or an idle signal in a down-
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`link control channel. When the base station detects the pause period of the voice
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`signal being transmitted on a channel, it broadcasts the idle signal to permit data
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`signal transmission on that channel.”); Ex. 1003 ¶76.
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`
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`’676 PATENT
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`According to the ’676 patent, it was known that different radio interface
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`standards operated on the same ISM bands, “[a]n example of this is the US radio
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`system IEEE802.11a and the European ETSI BRAN HiperLAN/2.” See Ex. 1001,
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`1:15-23. The ’676 patent purports to address potential interference with a “control
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`station,” which may be an “Access Point AP”, and “which controls the alternate
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`use of the frequency band.” See Ex. 1001, 2:67-3:1-3, 2:21-22. The control station
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`“releas[es] the common frequency band for access by stations operating in
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`accordance with the second radio interface standard, if stations operating in
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`accordance with the first radio interface standard do not request access to the
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`frequency band. In this advantageous embodiment of the invention the first radio
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`interface standard is given priority over the second radio interface standard in this
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`manner.” Ex. 1001, 3:7-15.
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`However, this problem and purported solution were already known in the
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`art. See supra, Section I; infra Section III.B. Moreover the ’676 patent provides
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`minimal details regarding its alleged invention. Ex. 1003 ¶81. In its specification,
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`which is less than 6 columns, the first describes the prior art, the next two-and-a-
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`half columns mostly parrot claim language, and only the last two columns (from
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`4:50-6:17) describe how the alleged invention is supposed to work. See id.
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`IDENTIFICATION OF CHALLENGE
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`
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`Statutory Grounds
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`Petitioner requests inter partes review and cancelation of the challenged
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`claims on the following grounds:
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`Ground Claims Statutory Basis
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`References
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`1
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`2
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`3
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`4
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`5
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`1, 2
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`§103 Obviousness Sherman
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`5
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`§103 Obviousness Sherman in view of Trompower
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`1, 2
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`§103 Obviousness Shellhammer
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`5
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`5
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`§103 Obviousness Shellhammer in view of Trompower
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`§103 Obviousness Shellhammer in view of Panasik
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` Relied-Upon Prior Art1
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`None of these references were cited or considered during prosecution.
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`1 Pre-AIA 35 U.S.C. §102 applies to the ’676 Patent. MPEP §2159.02.
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`US Patent 7,031,274 (“Sherman”)
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`Sherman was “concerned with wireless local area networks (WLAN) and
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`with allowing operability between two standards and in particular to
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`interoperability between 802.11a standards and HIPERLAN standards.” Ex. 1004,
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`1:11-16. As Sherman explained, “[a] number of standards currently exist for
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`WLANs. However, they tend to be fragmented and largely incompatible.” See id.,
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`1:21-24. Sherman teaches that “[m]any situations occur where 802.11a WLANs
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`must substantially coexist with HIPERLAN WLANs” since “they operate at
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`overlapping frequencies …” Ex. 1004, 1:36-43, 1:50-55; Ex. 1003 ¶¶115-117.
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`Accordingly, Sherman teaches a “hybrid AP” that supports both standards
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`and alternates access to the channel between HIPERLAN/2 and IEEE 802.11a
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`during a “super-frame.” See Ex. 1004, 2:11-19, 3:3-14; Ex. 1003 ¶¶118-119. Thus
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`Sherman “prevent[s] 802.11 terminals from transmitting during time periods
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`allocated to HIPERLAN, so that a single channel can be shared between the two
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`standards.” See id. HIPERLAN transmissions are protected during the 802.11a
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`“Contention Free Period (CFP)”, which can span nearly the whole super frame;
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`when there are no more pending HIPERLAN/2 frames, the AP sends a “CF_End”
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`frame to “relinquish” time for 802.11a CP access. See Ex. 1004, 2:11-19, 6:1-8,
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`Figure 5:
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`Sherman is an AT&T patent filed January 1, 2002, citing a provisional filed
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`January 16, 2001 and issuing April 2006. Sherman’s provisional supports the
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`disclosures relied on in this Petition, including the “Hybrid AP” addressing the
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`same problem and WLAN architecture as the issued patent, namely the
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`interoperation of 802.11a and HIPERLAN/2 WLANs in bands “between 5 and 6
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`GHz.” See Ex. 1011 at 0002-0003, 7; Ex. 1003 ¶120. It discloses the same super
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`frame mechanism including Figure 5, including the timing and transitions of
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`802.11 and HIPERLAN/2 phases, with HIPERLAN/2 frames transmitted during
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`the CFP; “[a]fter HIPERLAN/2 frames, CF_End frame ends formal CFP for
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`802.11 terminals,” and “Normal 802.11 Contention Period follows CF End under
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`Distributed Coordination Function (DCF)”. See Ex. 1011 at 0002-0003, 0012-
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`0014; compare Ex. 1011 at 0003 (discussing CF_End) with Ex. 1004, 6:1-8; Ex.
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`U.S. Patent No. 7,016,676
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`1003 ¶¶120-121. Therefore, Sherman is prior art under at least §102(e). Ex. 1003
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`¶114.
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`
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`US Patent 7,039,358 (“Shellhammer”)
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`Shellhammer addressed “a recognized need in the art to coordinate the
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`transmissions of devices operating under different protocols that use the same
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`frequency band.” See, e.g., Ex. 1005, 2:28-31; Ex. 1003 ¶122. Accordingly,
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`Shellhammer taught “[t]echniques [] for frequency coordination among two
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`different wireless network protocols, such as the IEEE 802.11 and Bluetooth
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`protocols, operating in proximity with one another.” See Ex. 1005, Abstract.
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`“Coordination is accomplished … using a frequency band (which may be the 2.4
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`GHz band)” and, among other things, “a base station connected to a wired network
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`….” See id.
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`Shellhammer teaches a technique for dividing “[e]very 802.11 beacon time
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`period” into separate intervals for 802.11 (t802.11psp) and Bluetooth (tnav). See Ex.
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`1005, 8:52-60. After the 802.11 PSP stations transmit and receive their packets,
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`the access point (“AP”) sends a “global Clear to Send (CTS) signal” that shuts
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`down 802.11 communications and opens the frequency band for Bluetooth
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`transmissions. See Ex. 1005, 8:61-9:10, Figure 3:
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`U.S. Patent No. 7,016,676
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`Shellhammer was filed November 16, 2000, citing provisional applications
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`filed January 10, 2000 and April 13, 2000 (60/196,979) and issuing May 2, 2006.
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`The ’979 provisional supports the disclosures relied on in this Petition, including
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`Figures 1 and 3, their accompanying specification discussion, the signaling/timing
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`descriptions for Figure 3, and the embodiment with no t802.11cam interval. Compare
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`Ex. 1005, 5:65-6:44, 8:52-9:23, Figs. 1, 3 with Ex. 1009, 0007:14-0008:18,
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`0009:20-0010:21, Figs. 1, 2; Ex. 1003 ¶122. The few edits in those sections are
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`minor and do not add any substance relied on here. See id. This Petition does not
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`rely on Figures 4-8, and while the Summary of the Invention is longer in the issued
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`patent, the relied-upon portions pertain to the embodiments of Figure 3, which was
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`disclosed. Ex. 1003 ¶122. Therefore, Shellhammer is prior art under at least
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`§102(e). Id.
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`US Patent 6,215,982 (“Trompower”)
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`Trompower was filed June 28, 1996 and issued to Cisco April 10, 2001; it is
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`prior art under at least pre-AIA §102(a) and (e). Ex. 1003 ¶124. Trompower
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`teaches techniques for detecting interference and changing channels to avoid
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`interference. Id. ¶124-126.
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`US Patent 6,643,278 (“Panasik”)
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`Panasik was filed December 28, 1999 and issued to TI November 4, 2003; it
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`is prior art under at least pre-AIA §102(e). Ex. 1003 ¶126. Panasik teaches
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`adaptive frequency hopping (“AFH”) for 802.11 and Bluetooth, which detects
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`fixed interference in a channel and hops to a different channel instead. Id.; Ex.
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`1015, 11:21-31. PO accused AFH of infringing claim 5. See Ex. 1016 at 0026-
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`0027.
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`Standing
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`Petitioner certifies that Petitioner is not barred or estopped from requesting
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`this inter partes review and the ’676 patent is eligible for it.
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` Discretionary Analysis for Review
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`On May 29, 2019, Microsoft filed two petitions challenging the ’676 patent.
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`IPR2019-01116, Paper 2 (“MSPetition1”); IPR2019-01125, Paper 2
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`(“MSPetition2”). No Preliminary Patent Owner Response has been filed in either
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`proceeding, nor has any Institution Decision issued. Microsoft’s petitions state
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`their uncertainty as to what an RPI is under applicable law and name Marvell an
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`RPI “out of an abundance of caution.” MSPetition1, MSPetition2 at “x.” Marvell
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`is not an RPI or privy of the Microsoft petitions—Marvell had no involvement or
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`control, provided no funding, and had no knowledge of the Microsoft IPRs until
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`after they were filed, when they appeared in public dockets.
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`For this Petition, the only RPI is Marvell. No other party had knowledge of
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`this IPR prior to filing. Marvell has an independent interest in invalidating the
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`’676 patent.
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`No Microsoft or Marvell petitions are barred under §315(b). The art in
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`Marvell’s and Microsoft’s petitions does not overlap. Microsoft relied on
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`HomeRF and Lansford, while Marvell relies on Sherman, Shellhammer,
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`Trompower, and Panasik. Thus, institution would be just, speedy, and efficient.
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`As outlined in a separate motion, Petitioner Marvell requests that its
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`proceedings be consolidated with Microsoft’s in terms of schedule alignment. This
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`will moot any potential argument of prejudice or unfairness by PO.
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`Priority
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`The ’676 patent stems from a patent application that references PCT09258,
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`filed August 8, 2001. PO has not claimed and is not entitled to a priority date
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`earlier than August 8, 2001.
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`The issued patent does not reference any earlier priority on its face. While
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`the PCT cites an earlier German application, the DO/EO Worksheet did not
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`reference any German application or priority document. See Ex. 1002 at 0049-
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`0050. No German application (nor any translation) appears in the file history, and
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`the Examiner marked in the Notice of Allowance that no certified foreign
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`documents had been received and the conditions of 35 § U.S.C. 119 had not been
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`met. Ex. 1002 at 0152, 0155:
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`No request was ever made to modify the Examiner’s determination of non-
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`compliance by the applicant.
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` LEVEL OF ORDINARY SKILL
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`A person of ordinary skill in the art (“POSITA”) as of the 2000-2001
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`timeframe would have had a Bachelor’s Degree in Electrical Engineering,
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`Computer Science, or a related subject and one or more years of experience
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`working with wireless networks and related standards, and would have had an
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`understanding of work within the field of wireless networks and related standards,
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`including, e.g., systems or protocols for shared access of wireless networks by
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`different protocols. See Ex. 1003 ¶¶62-63. A person with less education but more
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`relevant practical experience may also meet this standard. See id.
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`Given level of skill, a POSITA would have been knowledgeable regarding
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`IEEE 802.11, HIPERLAN, and Bluetooth standards, including that the 802.11a and
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`HIPERLAN/2 standards operated in the same frequencies. See Ex. 1001, 1:20-23;
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`Ex. 1003 ¶¶64-66. PO and the ’676 patent admit the 802.11 standard is prior art.
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`See Ex. 1013, ¶14; Ex. 1001, 1:28-2:5. Various prior art references confirm the
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`802.11 and Bluetooth standards were known in the art and incorporate them by
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`reference. See Ex. 1005, 1:24-25, 1:64-67.
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`A POSITA would have been familiar with APs in the IEEE 802.11 and
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`HIPERLAN/2 standards; the ’676 patent admits that APs were known in the art.
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`See Ex. 1001, 1:32-42; Ex. 1003 ¶65.
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`A POSITA would have known of wireless coexistence and interoperability
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`issues, including potential interference between different standards. See Ex. 1005,
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`cols. 1-2; Ex. 1003 ¶67. The ’676 patent admits it was known that “radio systems
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`transmit in the same frequency band in accordance with different radio interface
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`standards”, giving the “ISM frequency bands (Industrial Scientific Medical)” as an
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`example. See Ex. 1001, 1:15-18.
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`As the ’676 patent admits, a POSITA would have been familiar with
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`common techniques for mitigating interference, including changing channels. See
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`Ex. 1001, 1:24-28; Ex. 1006, 1:42-2:15, 2:42-56; Ex. 1003 ¶68.
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`The ’676 patent is relatively short and relies upon a POSITA’s knowledge of
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`the IEEE 802.11a and HIPERLAN/2 standards, interoperability, and channel-
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`selection techniques, to understand the purported invention. Ex. 1003 ¶70.
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` CLAIM CONSTRUCTION
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`For all grounds, the challenged claims are obvious under the plain and
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`ordinary (“P&O”) meaning and all proposed constructions. Ex. 1003 ¶¶127, 190,
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`219, 277, 297. Below, Petitioner first addresses the P&O meaning and then any
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`relevant claim construction positions.
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`Petitioner’s claim construction analysis is not a concession on the proper
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`scope of any claim term in any litigation. Nor is it a concession or waiver of any
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`argument in any litigation that the claim terms are indefinite or lack corresponding
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`structure under §112. While there may be issues that prevent a POSITA from
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`determining the scope of the claims with reasonable certainty, the prior art and
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`grounds here fall squarely within the scope and nowhere near the boundaries of the
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`challenged claims. Therefore, for the purposes of determining invalidity under the
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`present grounds, it is not necessary to conduct a determination on indefiniteness or
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`IPR2019-01349, Petition
`U.S. Patent No. 7,016,676
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`determine whether ’676 patent informs a POSITA with reasonable certainty of the
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`scope and boundaries of its claims.
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`
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`“stations which operate in accordance with a first radio interface
`standard and/or a second radio interface standard”
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`No construction is necessary to decide the grounds in this Petition.
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`Petitioner proposes P&O meaning for this limitation, which is “stations, each of
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`which operates in accordance with a first radio interface standard, a second
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`radio interface standard, or both.” See Ex. 1003 ¶88; see Ex Parte John
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`Nicholas Gross, No. 2011-004811 (PTAB Dec. 31, 2013). The ’676 patent states
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`that stations may operate in accordance with the first standard, second standard, or
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`both. Ex. 1001, 2:29-35.
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`Microsoft proposed additional construction to address the language “operate
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`in accordance with a … standard”: “two or more devices in a wireless network,
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`each of which operates in a manner that is in agreement with or conforms to a
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`first radio standard, a second radio standard, or both a first and a second
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`radio standard, or variants thereof.” See MSPetition1 at 22; Ex. 1003 ¶¶89-90.
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`Construction of this element is not necessary to determine invalidity under the
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`grounds of this Petition, but it is satisfied by the prior art nonetheless.
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`“renders the frequency band available for access by the stations
`working in accordance with the second radio interface standard if
`stations working in accordance with the first radio interface
`standard do not request access to the frequency band”
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`The grounds in this Petition invalidate the challenged claims under the P&O
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`meaning of this limitation, and claim construction is not necessary. Ex. 1003 ¶¶92-
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`94. Microsoft questioned whether the “if” step needs to be performed depending
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`on whether this is a system or method claim. Here, the prior art teaches systems as
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`claimed performing all limitations of the method, including the “if” step, rendering
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`the issue moot for this Petition. See id.
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`The grounds also satisfy all proposed constructions.
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`Microsoft’s Construction: “makes the frequency band available for
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`transmissions by stations working in accordance with the second radio interface
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`standard for periods during which the common frequency band is not being used
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`by stations operating in accordance with the first radio interface standard that have
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`requested access to the band.” MSPetition1 at 25.
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`PO’s Apparent Construction. In its district court complaint, PO asserted
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`that the claimed “frequency band” limitations are met by operations on a single
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`channel within a frequency band. See, e.g., Ex. 1013 at 11-14 (alleging
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`infringement by, e.g., rendering a single channel available for access); Ex. 1003
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`¶96.
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`“the control station also carries out functions which cause radio
`systems in accordance with the first radio interface standard to
`interpret the radio channel as interfered and to seize another
`radio channel for its own operation” (Claim 5)
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`The grounds in this Petition satisfy all proposed constructions. Ex. 1003
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`¶110. This limitation is drafted in means-plus-function form, with the function
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`being everything after the word “functions.” Petitioner reserves the right to argue
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`in district court that this limitation lacks sufficient corresponding structure under
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`§112; however, that determination is not necessary here because these grounds
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`disclose the only possible structure in the specification. Ex. 1003 ¶¶97-98.
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`At one point, the specification parrots the claim language, stating “the first
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`radio station” may perform this function. Ex. 1001, 3:63-4:2; Ex. 1003 ¶104. A
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`POSITA would have understood this to include the “control station.” Compare
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`Ex. 1001, 3:30, 3:46; Ex. 1003 ¶104. The passage also uses “occupy” instead of
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`“seize,” implying that systems may “seize” a channel by “occupying” it. See Ex.
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`1001, 3:63-4:2; Ex. 1003 ¶105.
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`The specification does disclose any additional details or structure explaining
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`how “the first radio station” or “control station” perform this function. Ex. 1003
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`¶106. The only possible disclosures that may be related to corresponding structure
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`would be the “control station” or “first radio station”. Ex. 1003 ¶¶103-106.
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`To the extent the ’676 patent discloses corresponding structure, a POSITA
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`would have read this limitation as at least encompassing “a control station or first
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`radio station causing radio stations in accordance with the first radio interface
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`standard, including potentially the first radio/control station itself, to interpret
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`the radio channel as interfered and to seize another radio channel for its own
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`operation.” See Ex. 1003 ¶108.
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`This limitation recites “radio systems in accordance with the first radio
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`interface standard” (emphasis added), but claim 1 recites “stations which operate
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`in accordance with a first radio interface standard” (emphasis added). See Ex.
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`1003 ¶99. Claim 1 also recites “a radio system,” but not “in accordance with the
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`first radio interface standard.” While the precise contours are unclear, for purposes
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`of this IPR, the limitation would at least include “two or more stations which
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`operate in accordance with a first radio interface standard.” See id. ¶100.
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`“The radio channel.” Claim 5 recites “the radio channel” but provides no
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`antecedent basis. Claim 1 does not use the word “channel.” For purposes of this
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`IPR, Petitioner assumes “the radio channel” in this context at least includes “a
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`radio channel within the common frequency band.”
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`“… to seize another radio channel for its own operation.” While it is
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`ambiguous whether “its” refers to the “control station” or “radio systems,” the
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`prior art in this Petition causes both to seize another radio channel. Therefore the
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`distinction does not matter here, and the for purposes of this IPR, the Petition
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`assumes both can satisfy the limitation.
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`Microsoft’s Proposed Construction: “at least encompassing a control
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`station causing either: a) ‘first radio frequency standard’ systems/stations, or b) the
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`control station itself, to respond to interpreted interference on a first channel by
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`switching to a second channel.” See MSPetition2 at 29. The below grounds
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`satisfy all proposed constructions. Ex. 1003 ¶110.
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` CHALLENGED CLAIMS
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` Ground 1: Sherman Obviousness
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`The challenged claims would have been obvious based on Sherman under all
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`proposed constructions. Ex. 1003 ¶127.
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`KSR Factors
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`The ’676 patent points to the same problem as Sherman and purports to
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`invent the same solution. Ex. 1003 ¶128. Sherman explains wireless standards
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`including “HIPERLAN/2” and “IEEE 802.11a” both utilized a common frequency
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`band. See Ex. 1004, 1:36-43. Sherman also explains coexistence issues between
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`the two standards, “the two standards are currently incompatible—Particularly at
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`the Media Access Control (MAC) layer.” Id., 1:45-47; Ex. 1003 ¶128.
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`Similarly, the ’676 patent explains that “the US radio system IEEE802.11a
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`and the European ETSI BRAN HiperLAN/2” both “transmit in the same frequency
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`bands between 5.5 GHz and 5.875 GHz …” but “[t]he Medium Access Control
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`(MAC) of the two systems is totally different.” Ex. 1001, 1:15-23, 1:34-35; Ex.
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`1003 ¶129.
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`To solve this MAC-layer incompatibility, Sherman teaches a “hybrid AP”
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`that “prevent[s] 802.11 terminals from transmitting during time periods allocated
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`to HIPERLAN, so that a single channel can be shared between the two standards.”
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`See Ex. 1004, 2:11-19, 3:3-14; Ex. 1003 ¶130. Sherman teaches, e.g., using the
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`802.11a point coordination function (“PCF”) to reserve time for HIPERLAN/2
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`during the 802.11 CFP.2 See Ex. 1004, 5:37-57; Ex. 1003 ¶130. The hybrid AP
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`ends the CFP by sending a CF_End frame, “relinquish[ing] the time to the CP”
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`during which 802.11a stations may access the channel. See Ex. 1004, 6:1-8; Ex.
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`1003 ¶130.
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`Similarly, the ’676 patent discloses a “central control station (Access Point)”
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`that controls alternate access between “HiperLAN/2 and IEEE802.11a standards.”
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`See Ex. 1001, 5:35-41, 5:53-56. Like Sherman, which used the 802.11a PCF to
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`reserve time for HiperLAN, the ’676 patent discloses that “the function PCF of the
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`2 As was widely known in the art, the IEEE 802.11 standard includes a “contention
`period” (“CP”) and a “contention free period” (“CFP”). During the contention
`period, any station may contend for the right to transmit, using a backoff protocol
`set forth in the IEEE 802.11 standard. During the contention-free period, the
`access point schedules transmission, and stations may transmit during their
`allocated time without having to contend for the channel.
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`802.11 standard could be used to occasionally render the radio channel available to
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`HiperLAN/2 systems with a time limit (periodically).” See Ex. 1001, 4:64-67; Ex.
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`1003 ¶131.
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`The ch