`
`
`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
`
`
`
`
`
`PETITIONER APPLE INC.’S OPENING CLAIM CONSTRUCTION
`BRIEF ADDRESSING “A MULTITUDE OF THRESHOLD VALUES”
`
`
`
`
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`Pursuant to the Federal Circuit’s remand, the Board requested the Parties to
`
`
`
`address whether—as a matter of claim construction—the “threshold values” in the
`
`recited “multitude of threshold values” are limited to battery power threshold values
`
`or whether they may also include GPS signal level threshold values. Paper 43, at 3.
`
`As discussed below, any construction of “threshold values” must include both
`
`battery power and GPS signal level threshold values.
`
`
`
`The ’774 Patent indisputably resolves this issue because it describes an
`
`embodiment that includes GPS signal level as part of the multitude of threshold
`
`values:
`
`In one embodiment, the accelerometer 130 activates upon one or more
`designated antenna(s), e.g., antennas 122a, 122b, detecting a first
`signal level, e.g., a low signal level or threshold value, as specified
`by, for instance, a user or system administrator.
`
` Ex. 1001, 7:55-59. As the specification and Figures make clear, antennas 122a and
`
`122b are the antennas that are utilized for “acquir[ing] a snapshot of receive
`
`communication signal including location coordinates data.” Id., 10:41-44; see also
`
`Fig. 1 (connecting antennas 122a/b to the “location tracking circuitry” and the
`
`“signal detecting circuitry”). Any suggestion that these antennas are used to detect a
`
`“low signal level or threshold value” of the battery would be nonsensical. That is not
`
`how antennas operate. The ’774 Patent contemplates using GPS signal levels as part
`
`
`
`1
`
`
`
`
`of the multitude of threshold values because it recognizes that GPS is one of the
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`biggest draws on battery power. The ’774 Patent acknowledges that “GPS satellite
`
`communication signals may be obstructed or partially blocked, hindering tracking
`
`and monitoring capability.” Id., 3:2-3. In those situations, “a GPS transceiver [is]
`
`receiving a weak GPS signal” and “the GPS transceiver is depleting battery power
`
`in failed attempts to acquire communication signals from one or more … GPS
`
`satellites.” Id., 2:4-8.
`
`
`
`The ’774 Patent solves this problem by describing an embodiment where the
`
`system will monitor and detect GPS signal levels and, when they reach a certain
`
`threshold—e.g., they are too weak—the system will deactivate the GPS to save
`
`power while activating the accelerometer to still provide navigation to the user. This
`
`is the precise embodiment described by the ’774 Patent when it equates a low GPS
`
`signal level with a threshold value. In this embodiment, when the system detects “a
`
`low signal level or threshold value” of the GPS signals, the “electrical circuitry
`
`associated with GPS signal acquisition … may be, for instance, placed on standby
`
`or in a sleep mode” so that the system “[conserves] a battery level of the battery.”
`
`Id., 7:55-8:3; see also 8:7-16; see also Id., 8:67-9:3. This solves the problem of the
`
`‘774 patent, which is that “receiving a weak GPS signal … deplet[es]ing battery
`
`power.” Id., 3:2-7. This is only possible if your “low signal level or threshold value”
`
`is reading the strength of GPS signal levels.
`
`
`
`2
`
`
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`The system utilizes the GPS signal threshold to know when to deactivate the
`
`
`
`
`GPS circuitry to save power while also knowing when to activate accelerometer
`
`circuitry to continue providing the user with navigation.
`
`As described above, when GPS signal is not practicable, electronic
`device proximity measurements [e.g., accelerometer 130] provide
`differential location coordinate information to calculate coordinate
`information.
`
`Ex. 1001, 9:14-16. Figure 3 illustrates how the invention of the ’774 Patent
`
`utilizes
`
`this GPS signal
`
`level
`
`threshold
`
`to determine whether
`
`to
`
`activate/deactivate the GPS and the accelerometer circuitry:
`
`
`Starting at Step S302, the GPS antennas acquire a snapshot of the receive
`
`communication signal. Ex. 1001, Fig. 3, 10:38-52. The processor will then analyze
`
`the snapshot information acquired by the GPS antennas in Step S304. Id. In Step
`
`
`
`3
`
`
`
`
`S306, “processing unit 104 determines a power level of receive communication
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`signal levels.” Id. It is at this point that the threshold values using the GPS signal are
`
`analyzed and one of two actions are taken. The first possibility is that the GPS signal
`
`levels show a threshold value indicating a weak GPS signal that causes the system
`
`to activate its accelerometer: “In step 308, accelerometer 130 activates if a power
`
`level of the receive communication signal is insufficient for processing.” Id.,
`
`10:47-49; Fig. 3, Step S308; compare with 7:55-59 (describing a “low signal level
`
`or threshold value” of the GPS receive communication signal as received by the
`
`antenna); see also id., 8:7-16 (generally discussing determining if the GPS receive
`
`communication signal is above a first signal level). The second possibility is that the
`
`GPS signal levels show a threshold value indicating a strong GPS signal that causes
`
`the system to reactive the GPS circuitry: “In another variation of step 312, upon
`
`determining
`
`receive communication signal of sufficient signal strength,
`
`accelerometer 130 is deactivated and location tracking circuitry 114 are activated,
`
`and processing unit 104 determines location coordinates from the receive
`
`communication signal.” Id., 10:62-67; see also 10:58-62.
`
`Notably, this embodiment would be inoperable if it solely looked at a
`
`multitude of battery level thresholds. Indeed, the embodiment of Figure 3 has
`
`nothing to do with examining a battery level because utilizing threshold values for
`
`GPS signals is how one embodiment of the ’774 Patent accomplishes its goal of
`
`
`
`4
`
`
`
`
`preventing significant battery drain. See Ex. 1001, 3:2-9 (“GPS satellite
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`communication signals may be obstructed or partially blocked, hindering tracking
`
`and monitoring capability. Not only is a GPS transceiver receiving a weak GPS
`
`signal, but also the GPS transceiver is depleting battery power in failed attempts to
`
`acquire communication signals from one or more … GPS satellites.”).
`
`Utilizing only battery levels as the multitude of threshold values simply would
`
`not work with the embodiment of Figure 3. For example, in the situation described
`
`above, the battery charge level may be high (e.g., 90%+) but the GPS signal level is
`
`low. If the system only looked at a multitude of battery threshold values (and
`
`excluded GPS signal levels), it would never deactivate the GPS circuitry in the
`
`Figure 3 embodiment, which would lead to a significant drain on the battery. Id.,
`
`3:2-8. This would run counter to the very goal of the ’774 Patent. Id., 8:67-9:1 (“the
`
`present invention conserves battery power”).
`
`A construction of “multitude of threshold values” that excludes GPS signal
`
`levels would read out this specific embodiment of the ’774 Patent. The Federal
`
`Circuit has repeatedly admonished against such a construction noting that “a claim
`
`construction excluding a preferred embodiment is rarely, if ever correct.” Sequoia
`
`Tech., LLC v. Dell, Inc., 66 F.4th 1317, 1327 (Fed. Cir. 2023) (citing Kaufman v.
`
`Microsoft Corp., 34 F.4th 1360, 1372 (Fed. Cir. 2022)). The only scenario in which
`
`such a construction would be correct is if the plain language of the claim itself
`
`
`
`5
`
`
`
`
`excluded the preferred embodiment, and that situation is not present here. See, e.g.,
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`Pacing Techs., LLC v. Garmin Int'l, Inc., 778 F.3d 1021, 1026 (Fed. Cir. 2015)
`
`(noting the preferred embodiment may only be excluded “where the plain language
`
`of a limitation of the claim does not appear to cover that embodiment.”). The
`
`language of claim 8 broadly describes “a multitude of threshold values” that are used
`
`“to intermittently activate or deactivate the location tracking circuitry to conserve
`
`power.” Ex. 1001, at claim 8. There is no limiting language. Nor is there any
`
`language expressly excluding the preferred embodiment. This is because the claim
`
`language tracks the exact embodiment described in columns 7-10 and Figure 3,
`
`which expressly uses GPS signal values as “a threshold value” to “conserve[] battery
`
`power. Id., 7:58, 8:67-9:5. It would be reversible error to construe “multitude of
`
`threshold values” to be limited only to battery power because it would exclude this
`
`embodiment.
`
`
`
`Finally, the conclusion that the multitude of threshold values must include
`
`both battery level and GPS signal level is crystalized by the fact that the ’774 Patent
`
`only uses the phrase “threshold value” two times. One use of “threshold value”
`
`appears in column 13 in a description of Figure 4 where the specification notes “[i]n
`
`contrast to previous manufacturer tracking device power level settings, the present
`
`invention has the capability of power level (e.g., battery power level 406)
`
`adjustments includ[ing] multitude of threshold values.” Ex. 1001, 13:58-62. Here,
`
`
`
`6
`
`
`
`
`the patentee is equating the battery power levels with the multitude of threshold
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`values—a point that is not in dispute between the parties. The only other instance in
`
`which “threshold value” appears is in column 7, which was extensively discussed
`
`above: “accelerometer 130 activates upon one or more designated antenna(s) …
`
`detecting a first signal level, e.g., a low signal level or threshold value ….” Id., 7:55-
`
`58. In this instance, the patentee is clearly and indisputably equating a threshold
`
`value to a low GPS signal level. Thus, the only two instances in which “threshold
`
`values” are used include both battery level and GPS signal level. And as noted above,
`
`there is no basis in the plain language of claim 8, or in the law, to exclude the
`
`embodiment of “threshold values” that utilizes GPS signal levels.
`
`
`
`Petitioner’s reply brief set forth uncontroverted evidence that Sakamoto
`
`discloses a multitude of threshold values. Specifically, Petitioner submitted evidence
`
`showing Sakamoto “in fact teaches at least four distinct threshold values for
`
`changing the power level applied to the location tracking circuitry.” Paper 25, 16.
`
`These four threshold values include “at least two battery level thresholds, and at least
`
`two GPS signal level thresholds.” Id., at 17; see generally id., at 15-18. This is
`
`precisely what is contemplated by the embodiments of the ‘774 Patent, none of
`
`which are excluded by the express language of the claims. As such, Sakamoto
`
`teaches the “multitude of threshold values” and renders claim 8 of the ‘774 Patent
`
`invalid.
`
`
`
`7
`
`
`
`
`Dated: September 6, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`
`
`
`
`
`/s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`adam.seitz@eriseip.com
`ERISE IP, P.A.
`7015 College Blvd, Suite 700
`Overland Park, KS 66211
`(913) 777-5600 Telephone
`(913) 777-5601 Facsimile
`
`COUNSEL FOR PETITIONER
`APPLE INC.
`
`
`
`8
`
`
`
`
`
`Inter Partes Review No. IPR2020-01189
`U.S. Patent No. 8,497,774
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.105
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105, the undersigned certifies that on
`
`September 6, 2023, a complete and entire copy of Petitioner Apple Inc.’s Opening
`
`Claim Construction Brief Addressing “A Multitude Of Threshold Values” was
`
`served via electronic filing with the Board and via Electronic Mail on the following
`
`practitioners of record for Patent Owner:
`
`Shaun D. Gregory (gregorysd@butzel.com)
`Mitchell S. Zajac (zajac@butzel.com)
`Brian S. Seal (seal@butzel.com)
`
`
`
`
`
`
`
`
`/s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`adam.seitz@eriseip.com
`ERISE IP, P.A.
`7015 College Blvd, Suite 700
`Overland Park, KS 66211
`(913) 777-5600 Telephone
`(913) 777-5601 Facsimile
`
`COUNSEL FOR PETITIONER
`APPLE INC.
`
`
`
`
`
`
`
`9
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
