EXHIBIT B-29
`EXHIBIT B-29
`
`EcoFactor, Inc.
`Exhibit 2006
`
`IPR2021-00054
`Page 1 of 5
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`EcoFactor, Inc.
`Exhibit 2006
`IPR2021-00054
`Page 1 of 5
`
`

`

`
`
`Exhibit B-29
`
`Invalidity Contentions: U.S. Patent No. 10,534,382
`
`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: “wherein the at least one setting of the HVAC system comprises whether the HVAC system is
`operating in a cooling mode or a heating mode”
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`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claim 9.
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`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
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`Disclosure*
`
`enabling
`response
`“Demand
`technology development” (“Arens”)
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`Arens discloses “wherein the at least one setting of the HVAC system comprises whether the HVAC system is
`operating in a cooling mode or a heating mode.”
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`“The data we want to save are:
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`- Input from real sensors:
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`o Temperature measurement of all the different areas
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`o On/Off status of all the appliances
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`o Consumption of all the appliances
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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 2006
`IPR2021-00054
`Page 2 of 5
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`Reference
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`Disclosure*
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`o Occupancy of all the areas
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`o Weather station: anemometer, pyranometer (both global and diffuse radiation)
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`- Output to real actuators:
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`o Price indicator lights on non-controllable appliances
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`o On/Off order of the controllable appliances, especially Heat and Cooling
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`o LCD screen to display information”
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`Arens at p. 68.
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`U.S. Patent No. 2004/0117330
`(“Ehlers”)
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`Ehlers discloses “wherein the at least one setting of the HVAC system comprises whether the HVAC system is
`operating in a cooling mode or a heating mode.”
`
`“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:
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`View current temperature.
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`View current heating or cooling setpoint.
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`Override heating and cooling setpoints.
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`Resume scheduled heating and cooling setpoints.
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`View Heat/Cool/Auto mode.
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`Change Heat/Cool/Auto mode.
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`Activate/deactivate the fan.”
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`Ehlers at [0153]-[0160].
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`2
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`EcoFactor, Inc.
`Exhibit 2006
`IPR2021-00054
`Page 3 of 5
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`Reference
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`Disclosure*
`
`Patent No.
`U.S.
`(“Geadelmann”)
`
`8,196,185
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`Geadelmann discloses “wherein the at least one setting of the HVAC system comprises whether the HVAC
`system is operating in a cooling mode or a heating mode.”
`
`See, e.g., 5:4-18. In some instances, web server 38 of building control appliance 12 may be adapted to provide
`a Summary web page (see FIG. 3B), via first port 14, that displays information pertaining to one or more of
`the thermostats. In some cases, the Summary web page may include information pertaining to two or more
`thermostats. This may include, for example, two or more of first thermostat 26, second thermostat 28, third
`thermostat 30 and/or fourth thermostat 32. The particular information that is displayed may be customized for
`a particular user and/or user class. Controller 36 may be adapted to receive sensor information from the
`thermostats via second network 20. In some cases, controller 36 may be programmed with a control algorithm
`that issues commands to the thermostats via second network 20 to activate or deactivate HVAC equipment
`that is connected to the thermostats.
`
`See, e.g., 5:35-64. A variety of information may be displayed on the Summary web page. Examples of
`information include but are not limited to one or more of a thermostat identifier for one or more of the
`thermostats, a current inside temperature reported by one or more of the thermostats, a current outside
`temperature, a current set point for one or more of the thermostats, a schedule related parameter for one or
`more of the thermostats, a humidity related parameter that is reported by one or more of the thermostats, a
`current operating mode of HVAC equipment that is connected to one or more of the thermostats, an alarm
`related parameter for one or more of the thermostats, a discharge air temperature of HVAC equipment that is
`connected to one or more of the thermostats, a plenum related pressure of HVAC equipment that is connected
`to one or more of the thermostats, a relay output related parameter of HVAC equipment that is connected to
`one or more of the thermostats, a lockout status of HVAC equipment that is connected to one or more of the
`thermostats; a fan switch status of HVAC equipment that is connected to one or more of the thermostats, a
`throttle range of HVAC equipment that is connected to one or more of the thermostats, an integral time of the
`control algorithm used to control the HVAC equipment that is connected to one or more of the thermostats, a
`derivative time of the control algorithm used to control the HVAC equipment that is connected to one or more
`of the thermostats, and an anticipator authority of the control algorithm used to control the HVAC equipment
`that is connected to one or more of the thermostats. These are only examples, and it is contemplated that any
`Suitable information may be included on the Summary web page, as desired.
`
`See, e.g., 11:52-60. Under General tab 332, as shown, web page 334 includes a pane 336 that provides
`information regarding thermostat 316 (which is labeled as T7350). As can be seen, pane 336 provides a user
`with information regarding one or more of thermostat status, current temperature, Schedule mode, operating
`mode, discharge temperature, relative humidity, terminal load, lockout status and fan Switch status. Clicking
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`3
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`EcoFactor, Inc.
`Exhibit 2006
`IPR2021-00054
`Page 4 of 5
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`Reference
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`Disclosure*
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`on Set points & Fans tab 334 may cause web server 38 (FIG. 3) to serve up a web page 338, as shown in FIG.
`3D.
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`4
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`EcoFactor, Inc.
`Exhibit 2006
`IPR2021-00054
`Page 5 of 5
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