UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`LBT IP I LLC,
`Patent Owner
`_________________
`
`Inter Partes Review Case No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`SUPPLEMENTAL DECLARATION OF SCOTT ANDREWS
`
`IPR2020-01189
`Apple EX1077 Page 1
`
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`LBT IP I LLC,
`Patent Owner
`_________________
`
`Inter Partes Review Case No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`SUPPLEMENTAL DECLARATION OF SCOTT ANDREWS
`
`IPR2020-01189
`Apple EX1077 Page 1
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`
`TABLE OF CONTENTS
`
`INTRODUCTION .............................................................................. 3
`
`OPINIONS REGARDING HUANG ................................................ 3
`
`OPINIONS REGARDING THE COMBINATION OF
`
`SAKAMOTO AND HUANG .............................................................. 8
`
`I.
`
`II.
`
`III.
`
`IV.
`
`CONCLUSION ................................................................................ 10
`
`
`
`
`
`
`
`
`
`IPR2020-01189
`Apple EX1077 Page 2
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`
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`
`
`
`I, Scott Andrews, hereby declare the following:
`
`I.
`
`INTRODUCTION
`1.
`I have been asked to respond to certain issues raised by Patent Owner
`
`in Patent Owner’s Response dated June 1, 2021 and Motion to Amend dated June 1,
`
`2021. All of my opinions expressed in my original declaration (Ex. 1003) remain the
`
`same. I have reviewed the relevant portions of the Patent Owner’s Response (Paper
`
`17, “Response”) and the relevant portions of the Motion to Amend (Paper 16,
`
`“MTA”) in connection with preparing this supplemental declaration.
`
`2.
`
`As part of my work and in forming my opinions in connection with this
`
`proceeding, I have reviewed the following materials. For any prior art listed below,
`
`it is my opinion persons of ordinary skill in my field would reasonably rely upon
`
`such prior art in forming opinions regarding the subject matter of this proceeding:
`
`• Materials relied on for my previous Declaration;
`• U.S. Patent No. 7,826,968 to Huang (“Huang”) (Ex. 2011);
`• Any other materials I cite in support of this Declaration.
`
`II. OPINIONS REGARDING HUANG
`3.
`Huang generally discloses a GPS receiver for with a dynamic updated
`
`interval/frequency. Huang, Abst. In particular, Huang, describes implementing the
`
`GPS refresh interval using a function mapping a particular system state variable to
`
`an update frequency. Huang, 1:66–2:20 (describing depictions of examples of
`
`
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`IPR2020-01189
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`different functions). Huang teaches a variety of embodiments with different inputs
`
`to these mapping functions, including speed of the GPS device (FIGs. 2A–2B),
`
`number of GPS satellites from which positioning information is being received (FIG.
`
`3), position along a particular navigation path (FIGs. 4B–4C), and remaining batter
`
`capacity (FIG. 5). In each case, Huang’s function maps the input variable (which
`
`may be continuously valued such as a velocity of discretely valued such as the
`
`number of satellites) to a frequency for updating the position of the GPS receiver
`
`(or, equivalently, to an interval between updates). Huang, 2:44–48. For example,
`
`Huang describes how the update frequency may increase with increasing speed of
`
`movement and may be capped at a maximum update rate and/or a minimum update
`
`rate. Huang, 2:53–3:14 (describing FIGs. 2A and 2B).
`
`4.
`
`Huang implements this dynamic update frequency by controlling the
`
`rate at which the GPS receiver listens for update packets from GPS satellites. For
`
`example, Huang describes this process as “activating and deactivating antenna 121”:
`
`The control signal is provided by baseband unit 122 or other elements.
`When the control signal is activated, antenna 121 receives the
`wireless signal group. When the control signal is de-activated,
`antenna 121 does not receive the wireless signal group. Baseband
`unit 122 processes the wireless signal group to generate a position
`signal S. The position signal is updated every time interval.
`Huang, 2:38-44. A POSITA, reviewing this, would have understand Huang to be
`
`teaching that the “control signal” controls whether the GPS is listening to the
`
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`wireless signals from GPS satellites, and that the GPS receiver thus “listens” for a
`
`GPS signal form the GPS satellite network once every time interval. Thus, Huang
`
`updates the GPS refresh rate by controlling the listen rate of the GPS receiver.
`
`5.
`
`A POSITA would have understood that the reason for Huang to control
`
`the update interval in this fashion is to reduce power consumption. Huang 5:42–50
`
`(increasing the interval reduces power consumption). A POSITA would further have
`
`understood that would have the effect of extending the battery life of Huang’s GPS
`
`receiver, as it is well understood that battery lifetime decreases as power
`
`consumption increases.
`
`6.
`
`I understand that Patent Owner contends Huang discloses only two
`
`“preset speed-of-movement thresholds for adjusting the frequency of positioning
`
`updates,” at 50 km/h and 100km/h. Response at 14–15 (discussing Huang’s FIG.
`
`2A). This is incorrect. A POSITA, reviewing Huang’s disclosure would have
`
`appreciated that, in the example of FIG. 2A, Huang’s GPS receiver changes its
`
`update frequency at every speed below 100km/h, to the granularity of speed
`
`measurement. Huang, 3:5-8 (“In summary, the frequency of generating the position
`
`signal by baseband unit 122 is higher when the speed of movement of the GPS device
`
`100 is faster.”). Huang expressly gives the examples of an updating at a frequency
`
`of 5Hz when the speed of the GPS receiver is 50km/h and updating at a frequency
`
`of 10Hz when the speed is 100km/h, and these exemplary points are annotated in
`
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`FIG. 2A. Huang, 2:53-3:15. However, a POSITA would have appreciated these are
`
`merely examples and that every other speed has a corresponding update frequency
`
`and that (for speeds less than 100km/hr) these frequencies are all different as well.
`
`7.
`
`For example, I have annotated FIG. 2A below consistent with the
`
`annotations provided by Huang to show the update frequencies associated with
`
`speeds of 60 km/h (red annotation) and 80 km/h (blue annotation). Similarly, any
`
`time the speed changes to any speed under 100km/h, the update frequency will
`
`change, and the new speed is therefore a “speed-of-movement thresholds for
`
`adjusting the frequency of positioning updates.” Thus, contrary to Patent Owner’s
`
`characterization, Huang teaches far more than two thresholds.
`
`Huang, FIG. 2A (colored annotations added).
`
`
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`Similarly, Huang’s functions provide far more than two thresholds for
`
`8.
`
`input variables other than speed of movement. For example, in FIG. 5, where the
`
`input variable to Huang’s function is remaining battery level, Huang’s system
`
`updates the position 10 times per second when the battery is at more than 75%
`
`capacity, then at a linearly decreasing rate when the battery is between 25% and 75%
`
`(so that, for example, the position is updated 6 times per minute when the battery is
`
`at 50% capacity as depicted in the red annotation), down to a minimum of 2 times
`
`per second when the battery is at 25% capacity or lower. As such, any battery
`
`capacity level between 25% and 75% is a battery capacity threshold, to the
`
`granularity of battery level measurement.
`
`Huang, FIG. 5 (colored annotations added).
`
`
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`
`
`III. OPINIONS REGARDING THE COMBINATION OF SAKAMOTO
`AND HUANG
`9.
`It would have been obvious to a POSITA and a POSITA would have
`
`been motivated to modify Sakamoto to include Huang’s mapping function to achieve
`
`the advantages expressly taught by Huang of reducing power consumption and
`
`increasing battery life. Huang, 5:12-14 (increase update interval when battery
`
`capacity is low); 5:42–50 (increasing the interval reduces power consumption). A
`
`POSITA would have recognized that Huang teaches advantages over conventional
`
`systems that do not adjust the GPS update rate. Id., ¶ 7 supra. A POSITA would
`
`have recognized that Huang teaches advantages over Sakamoto’s teachings of
`
`abrupt, stepped changes in the update frequency based on battery level at least
`
`because incorporating Huang’s mapping function would allow for a smoother
`
`reduction of update frequency between a high battery capacity and a low remaining
`
`battery capacity, extending operating lifetime further. Huang, 1:34–35, 5:12–14,
`
`5:47–49.
`
`10. Like the ’774 Patent, Huang teaches monitoring the battery level of the
`
`portable communication terminal and reducing the GPS update frequency
`
`responsive to a low battery condition reduce power consumption. Huang, 5:5–18;
`
`5:41–50. Thus, Huang is in the same field of endeavor and is pertinent to a problem
`
`to be solved by the claimed invention in the ’774 Patent. Accordingly, Huang is
`
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`analogous art to the claimed invention in the ’774 Patent. As such, incorporating
`
`Huang’s mapping function into Sakamoto’s position control unit would have been
`
`the use of a known technique (dynamic GPS update frequency based on remaining
`
`battery capacity) to improve a similar device (Sakamoto’s position information
`
`communication terminal) in the same way. Specifically, gradually reducing the
`
`update frequency as battery capacity decreases rather than waiting until a critically
`
`low battery level would further extend the battery life of the position information
`
`communication terminal.
`
`11. A POSITA would also have understood that modifying Sakamoto per
`
`Huang’s teachings would have had a reasonable expectation of success. Sakamoto’s
`
`system already includes a battery control unit 16 that monitors battery life and
`
`powers on and off the GPS receiver accordingly. Ex. 1004, Sakamoto, ¶ [0019]. As
`
`such, incorporating Huang’s mapping function would be a simple matter of
`
`reprogramming. Given the simplicity of Huang’s mapping function using data
`
`Sakamoto discloses collecting, modifying Sakamoto to incorporate dynamic GPS
`
`update frequency based on remaining battery capacity would have had a reasonable
`
`expectation of success, without undue experimentation.
`
`
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`Supplemental Declaration of Scott Andrews
`Patent No. 8,497,774
`
`IV. CONCLUSION
`I declare that all statements made herein of my knowledge are true, and that
`
`all statements made on information and belief are believed to be true, and that these
`
`statements were made with the knowledge that willful false statements and the like
`
`so made are punishable by fine or imprisonment, or both, under Section 1001 of Title
`
`18 of the United States Code.
`
`8/30/2021
`
`Date:
`
`By:
`
`Scott Andrews
`
`IPR2020-01189
`Apple EX1077 Page 10
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