EXHIBIT B-27
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`EXHIBIT B—27
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`EcoFactor, Inc.
`Exhibit 2005
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`IPR2021-00054
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`Page 1 of 7
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`EcoFactor, Inc.
`Exhibit 2005
`IPR2021-00054
`Page 1 of 7
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`

`

`
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`Exhibit B-27
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`Invalidity Contentions: U.S. Patent No. 10,534,382
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`W.D. Tex., Case Nos. 6:20-cv-00075-ADA, 6:20-cv-00078, 6:20-cv-000801
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`REPRESENTATIVE CLAIM LIMITATION: “the first processor with circuitry and code designed to execute instructions to communicate with the
`memory”
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`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claims 1-20.
`
`DISCLOSURE: To the extent Plaintiff alleges that any anticipatory reference identified in Exhibit A does not disclose any portion of the above
`limitation, the following exemplary pincites show that those allegedly missing portions would have been obvious to one of ordinary skill in the art at
`the time the alleged invention was made in light of the prior art references identified in the table below. Moreover, it would have been obvious to
`combine any anticipatory reference identified in Exhibit A with any one or more of the following references for at least the reasons explained in the
`cover document of Defendants’ Invalidity Contentions or as identified herein. All emphasis added unless otherwise indicated.
`
`Reference
`
`Disclosure*
`
`enabling
`response
`“Demand
`technology development” (“Arens”)
`
`Arens discloses “the first processor with circuitry and code designed to execute instructions to communicate
`with the memory.” For example, Arens’s data is stored in two places: the server at UC Berkeley (the claimed
`first processor with circuitry and code) and the laptop in the house (the claimed memory).
`
`“We want to save sets of data during the real-time test of the DR system in Summer 05 in order to analyze
`them later. These data will be stored in a database located on a server of UC Berkeley. They will be
`stored in the laptop in the house, thus the controller should rely on access to them for processing (even
`for learning).
`
`… We can use a MySQL database located on a server at UC Berkeley to store the data. All the required
`software is free and familiar for many of us.”
`
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`1 These contentions are being served by defendants in the following actions: EcoFactor, Inc. v. Google LLC, No. 6:20-cv-00075-ADA; EcoFactor, Inc. v. Ecobee, Inc., No. 6:20-cv-00078-ADA; and
`EcoFactor, Inc. v. Vivint, Inc., No. 6:20-cv-00080-ADA.
`*To the extent that these Invalidity Contentions rely on or otherwise embody particular constructions of terms or phrase in the Asserted Claims, Defendants are not proposing any such contentions as
`proper constructions of those terms or phrases. Various positions put forth in this document are predicated on Plaintiff’s incorrectly and overly broad interpretation of the claims as evidenced by its
`Infringement Contentions provided to Defendants. Those positions are not intended to and do not necessarily reflect Defendants’ interpretation of the true and proper scope of Plaintiff’s claims, and
`Defendants reserve the right to adopt claim construction positions that differ from or even conflict with various positions put forth in this document.
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`EcoFactor, Inc.
`Exhibit 2005
`IPR2021-00054
`Page 2 of 7
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`Reference
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`Disclosure*
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`Arens at p. 68.
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`U.S. Patent No. 2004/0117330
`(“Ehlers”)
`
`Ehlers discloses “the first processor with circuitry and code designed to execute instructions to communicate
`with the memory.”
`
`“Using the input buttons, the customer can control the HVAC system and other parts of the system 1.02 (see
`below). The thermostat 1.30D is in communication with the gateway node 1.10D (see above) and the
`gateway node 1.10D can query the current temperature and setpoint values of the thermostat 1.30D. Further,
`the gateway node 1.10D can change the heating and cooling setpoint(s) and offset values of the
`thermostat 1.30D (see below).”
`
`In one aspect of the present invention, the thermostat 1.30D may inform the gateway node 1.10D when its
`relay outputs or contact inputs change state, or the gateway node 1.10D can poll for this status. When
`this occurs, the gateway node 1.10D can query the thermostat 1.30D and send the current temperature
`and corresponding input or output status to the system 1.02.
`
`The thermostat 1.30D may operate in a fallback mode upon loss of communication with the gateway
`node 1.10D. When communication resumes, the gateway node 1.10D can ascertain the state of the
`thermostat 1.30D and restore the desired functionality.
`
`All changes made at the thermostat 1.30D can be communicated to the gateway node 1.10D or be
`received during a poll of the thermostat 1.30D. In one embodiment, the following functions can be
`accessible directly from the thermostat 1.30D:”
`
`Ehlers at [0150]-[0153].
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`“As discussed, in one aspect of the present invention the thermostat 1.30D is an advanced thermostatic control
`device linked to the power distribution network. The thermostat 1.30D is also linked to the
`nodes 1.10 within the customer site 1.04 either directly or through the gateway node 1.10D and receives
`information from and regarding the power distribution network and the devices 1.08. As a result of the
`availability of information from up and down the supply chain, the thermostat 1.30D may more efficiently
`manage and offer additional functionality to the user.”
`
`Ehlers at [0224].
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`2
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`EcoFactor, Inc.
`Exhibit 2005
`IPR2021-00054
`Page 3 of 7
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`Reference
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`Disclosure*
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`Ehlers at FIG. 3B.
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`
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`3
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`EcoFactor, Inc.
`Exhibit 2005
`IPR2021-00054
`Page 4 of 7
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`Reference
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`Disclosure*
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`Ehlers at FIG. 1B.
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`
`
`U.S. Patent App. Pub. No.
`2005/0171645 (“Oswald ’645”)
`
`
`
`Oswald ’645 discloses “the first processor with circuitry and code designed to execute instructions to
`communicate with the memory.” For example, Oswald’s server(s) (the claimed first processor with circuitry
`and code) performs the modelling functions, which accesses the data stored in the database (the claimed
`execute instructions to communicate with the memory).
`
`“The single central sensor 2 monitors the electrical power feeding into the house (e.g. current, voltage and
`power factor), stores appropriate data and analyses the data to determine what is happening with the house's
`appliances and with the occupants. The single central sensor 2 contains electronic computing capability
`including storage (long and short term), processing power, battery back up (not shown) and
`communications capability with the wider network and local devices.
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`4
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`EcoFactor, Inc.
`Exhibit 2005
`IPR2021-00054
`Page 5 of 7
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`Reference
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`Disclosure*
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`Communications (FIGS. 3 and 4)
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`Existing communication methods will be used with the system to allow communication between all parts of
`the system including Internet servers, databases of information, the single central sensor 2, the moveable
`adaptors 10, the householder's personal computer and the householder's mobile phone etc, as shown in FIG.
`3. These existing communication methods include the well-known methods of linking by telephone, radio,
`cable and communications by power cable. The system designer will simply use the most appropriate available
`technology to achieve the communication required. FIG. 4 illustrates in more detail the type of information
`that may be sent to and from the system over the Internet, as well as the sources and recipients of that
`information.
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`Stored data
`
`The data acquired will be stored on a database. This will include data of appliance characteristics, times
`appliances are on and off and derived data. It can be stored either within the house in some form of small
`computer, perhaps as part of the single central sensor 2, or on a more powerful server on the Internet-based
`network of computers.”
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`Oswald ’645 at ¶¶ 55-59.
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`“The modelling functions associated with any of the aspects of the invention may be carried out locally,
`by computing means provided as part of the system within the house; or remotely, by external computing
`means accessed via a telecommunications network.”
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`Oswald ’645 at ¶ 29.
`
`Publication No.
`Patent
`U.S.
`2009/0302994 (“Rhee”)
`
`Rhee discloses “the first processor with circuitry and code designed to execute instructions to communicate
`with the memory.”
`
`The management server (and the analysis module 225 of the management server) communicates with the
`storage module 228 (the claimed memory).
`
` “In other examples, the storage module 228 stores the energy data, the modifications to the energy profile,
`and/or the energy profile utilizing a database. For example, the storage module 228 stores the energy data, the
`modification to the energy profile, and/or the energy profile in a secured SQL database. The database can be,
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`5
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`EcoFactor, Inc.
`Exhibit 2005
`IPR2021-00054
`Page 6 of 7
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`Reference
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`Disclosure*
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`for example, accessed by the client module 150 and/or the management server 220. In other embodiments,
`the storage module 228 can be located remotely from the management server 220.”
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`Rhee at [0070].
`
`“In some examples, the analysis module 226 accesses energy data (e.g., current energy consumption data,
`past energy consumption data, environmental data, etc.) stored on the storage module 228 to create charts
`and/or reports regarding past, present, and/or future energy use for the system 200. The charts and/or reports
`can include, for example, a future energy savings chart/report (e.g., how much will be saved by the energy
`management system 200, how much can be saved by switching from a HVAC unit to another HVAC unit,
`etc.), a present energy chart/report (e.g., present use of alternative energy generation, present energy use of
`lights, etc.), a past energy chart/report (e.g., past use of alternative energy generation, past energy use of HVAC
`units, past indoor and outdoor temperatures, etc.) and/or any other type of chart/report associated with the
`energy management system 200 (e.g., use of energy by a type of energy device at one building compares to
`the use of energy of the same energy device at other buildings, energy devices operating at or below optimal
`efficiency, etc.).”
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`Rhee at [0066].
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`As shown in FIG. 3, management server 120 communicates with the wireless gateway 330 (the claimed
`memory) via network 140 (the Internet).
`
`“The management server 120 transmits one or more parts of an energy profile via the network 140 to
`the management network module 332. The management network module 332 processes the one or more
`parts of the energy profile (e.g., stores the parts, identifies the recipient of the parts, etc.) and communicates
`the parts of the energy profile to the wireless network module 334 which transmits the parts of the energy
`profile to the wireless controllers 110. The wireless network module 334 receives energy data transmitted by
`the wireless controllers 210 via the wireless mesh network 170. The wireless network module 334 processes
`the energy data (e.g., stores the energy data, identifies the recipient of the energy data, etc.) and communicates
`the energy data to the management network module 332. The management network module 332 transmits the
`energy data via the network 140 to the management server 120.”
`
`Rhee at [0072].
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`6
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`EcoFactor, Inc.
`Exhibit 2005
`IPR2021-00054
`Page 7 of 7
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