EXHIBIT B-32
`EXHIBIT B-32
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`EcoFactor, Inc.
`Exhibit 2008
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`IPR2021-00054
`Page 1 of 4
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`EcoFactor, Inc.
`Exhibit 2008
`IPR2021-00054
`Page 1 of 4
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`Exhibit B-32
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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: “wherein the interface is configured to allow the user to turn the HVAC system on or off”
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`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claims 15.
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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.
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`Reference
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`U.S. Patent No. 2004/0117330
`(“Ehlers”)
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`Disclosure*
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`Ehlers discloses “wherein the interface is configured to allow the user to turn the HVAC system on or off.”
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`“With reference to FIG. 5C, selection of the review request link 5.22 for a given node or station displays an
`available program capacity pop-up 5.24. The available program capacity pop-up 5.24 lists all defined
`PROGRAMS that are available for the given node at the current time. Each PROGRAM includes a
`corresponding checkbox 5.26 which enables the utility to activate a given PROGRAM. For each PROGRAM
`listed, the instantaneous, real time available power is listed in a box 5.28 for each PROGRAM. The total
`capacity 5.30 is also listed for each PROGRAM, i.e., if all defined devices 1.08 within a given PROGRAM
`were currently drawing power. The available power refers to the instantaneous power which would be
`available if the respective or corresponding PROGRAM were activated. The available program capacity pop-
`up 5.24 also includes a duration drop-down list 5.32. The available program capacity pop-up 5.24 may be
`utilized to immediately activate one or more PROGRAMS to free up capacity for selected duration. For
`example, in the illustrated embodiment if the emergency HVAC curtailment program and the emergency
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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 2008
`IPR2021-00054
`Page 2 of 4
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`Reference
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`Disclosure*
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`shut-off program were activated, the instantaneous available power would be 1200 watts. The available
`program capacity pop-up 5.24 also includes a submit button 5.34, a closed button 5.36 and a refresh
`button 5.38. If one or more of the checkboxes 5.26 were activated, and the submit button 5.34 were
`selected, the utility control system 1.12 would broadcast a curtailment signal to the gateway nodes 1.10D
`to shut down the affected devices 1.08 or otherwise curtail those devices 1.08. Activation of the closed
`button 5.36 closes the available program capacity pop-up 5.24. Activation of the refresh button 5.38 updates
`the available power available for each PROGRAM.”
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`Ehlers at [0346]
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`2
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`EcoFactor, Inc.
`Exhibit 2008
`IPR2021-00054
`Page 3 of 4
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`Reference
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`Disclosure*
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`Ehlers at FIG. 4R.
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`3
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`EcoFactor, Inc.
`Exhibit 2008
`IPR2021-00054
`Page 4 of 4
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