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