DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Apple Inc., Petitioner
`v.
`Koss Corporation, Patent Owner
`
`IPR2021-00255
`Patent 10,298,451
`
`March 3, 2022
`
`KOSS-2025
`IPR2021-00255
`
`
`
`Apple Inc., Petitioner
`v.
`Koss Corporation, Patent Owner
`
`IPR2021-00255
`Patent 10,298,451
`
`March 3, 2022
`
`KOSS-2025
`IPR2021-00255
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Patentability Challenges
`Claims
`35 U.S.C. § 103 Basis
`1, 6, 11-13 & 15-
`Brown (APPLE-1004) & Scherzer (APPLE-1005)
`20*
`2, 7-10 & 21
`
`Brown, Scherzer & Baxter (APPLE-1008)
`
`3 & 4
`5
`15
`
`Brown, Scherzer & Drader (APPLE-1009)
`Brown, Scherzer & Ramey (APPLE-1010)
`Brown, Scherzer & Gupta (APPLE-1011)
`
`Ground
`1A
`
`1B
`
`1C
`1D
`1E
`
`*Claims 1 and 18 are the only Independent Claims in the ’451 Patent.
`
`2
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Claim 1 of the ’451 Patent (APPLE-1003, 8:30-53)
`
`Credential data received and
`stored by one or more host
`servers is:
` Transmitted from the mobile
`computer device to the
`electronic device wirelessly
`via an ad hoc
`communication link; and
` Used by the electronic
`device to connect to the
`wireless access point
`
`3
`
`
`
`Petitioner’s Brown-
`Scherzer Combination
`(Pet. 25-26)
`• Modifies Brown’s system to
`include:
`•
`Scherzer-like software client on
`Brown’s mobile electronic device
`105.
`Scherzer-like provider application
`server accessible via internet.
`• Configuration data 182 stored on
`Scherzer-like provider application
`server is transmitted from device
`105 to device 101 to enable device
`101 to connect to the Internet
`• Device 101 does not include a
`Scherzer-like software client
`
`•
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Figure from Pet., 27
`
`4
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Problems with Petitioner’s 35 U.S.C. §
`103 Challenges
`• Petitioner’s Brown-Scherzer combination results in
`widespread, unfettered dissemination of access
`credentials and network access being provided to
`unrecognized devices and unregistered users
`• Petitioner’s Brown-Scherzer combination ignores
`teachings in Scherzer, as a whole, and POSITA’s
`common understandings of network security
`• Petitioner and Dr. Cooperstock have assumed
`inconsistent and unclear positions throughout this
`proceeding
`
`5
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Evidence of Record
`
`6
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Experts
`
`• Mr. Joseph C. McAlexander III
`• For Patent Owner
`• President of McAlexander Sound,
`Inc.
`• Registered Professional Engineer
`• 48 years of experience in
`microcircuit and semiconductor
`technologies
`• 14 years as Texas Instruments, Inc.
`• Testimony entirely consistent
`• Declaration, KOSS-2022; and
`• Deposition, APPLE-1024,
`
`• Dr. Jeremy Cooperstock
`• For Petitioner
`• Professor, Elec. & Computer Eng.,
`McGill University
`• Hindsight-driven approach to
`obviousness inquiry (Sur-Reply, 10-12)
`• Inconsistent testimony in
`characterizing permissible network
`access
`• Declaration, APPLE-1003
`• Deposition Transcript, KOSS-2015
`• Supplemental Declaration, APPLE-1023
`7
`• Deposition Transcript, KOSS-2023
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Mr. Joseph C. McAlexanderIII Consistently
`Described Limits to Network Access in Scherzer
`• Scherzer’s account acceptability requirement and
`tracking precludes an unregistered device from using
`Scherzer’s system to obtain wireless access. KOSS-
`2022, ¶51-55.
`• A POSITA implementing Scherzer’s system would
`utilize security features. Id. at ¶60.
`• It would “defeat the purpose of Scherzer” if users
`could benefit from Scherzer service “while
`circumventing Scherzer’s tracking and acceptability
`requirement.” Id.
`• If registration information is “protected information,
`it would be encrypted.” APPLE-1024, 318:4-11
`(describing encryption aspects of Scherzer).
`• “Scherzer’s system would implement some means of
`restricting unregistered connectivity… such as by
`MAC filtering” which was known to a POSITA. KOSS-
`2022, ¶57-58.
`
`8
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Dr. Cooperstock’s Inconsistent Characterizations
`of Limits, If Any, to Network Access
`• “Scherzer does not prescribe any limits to what
`kind of users, either registered or unregistered,
`can make use of the service.” APPLE-1025, pp.
`74-75.
`• It would “defeat the purposes of Scherzer to
`limit what devices or how many devices a user
`can connect to access points.” Id.
`• Scherzer does not prohibit sharing credential
`information between users and “the [Brown-
`Scherzer] combination that I described does not
`preclude that either.” KOSS-2023, pp. 16-17.
`• But, compare:
`• Concerns of widespread, unfettered dissemination are
`“not relevant” and “mischaracterize[]” two examples
`where network access is only shared between two
`commonly-owned devices of a registered user. APPLE-
`1023, ¶¶ 57, 25.
`9
`
`
`
`Petitioner's Brown-Scherzer
`Combination Results in Widespread,
`Unfettered Dissemination of Access
`Credentials and Network Access to
`Unrecognized Devices and
`Unregistered Users
`• Confirmed by Dr. Cooperstock:
`• Devices in Petitioner’s combination can be associated with
`different users. KOSS-2023 (January 18, 2022 Deposition of Dr.
`Cooperstock), pp. 16-17.
`• User contribution accounts are excluded from Petitioner’s
`combination. APPLE-1023 (Dr. Cooperstock’s Supplemental
`Declaration), ¶54.
`• There are no meaningful limits to network access provided by
`Petitioner’s combination. APPLE-1025 (November 5, 2021
`Deposition of Dr. Cooperstock in IPR2021-00600), pp. 74-75.
`
`10
`
`
`
`Petitioner’s
`Brown-Scherzer
`Combination
`• Devices 101 and 105 can be
`associated with different users
`•
`KOSS-2023 (January 18, 2022
`Deposition of Dr. Cooperstock), pp.
`16-17 and 20-21
`• No user contribution account; does
`not track or attribute network access
`to a user contribution account
`•
`APPLE-1023 (Dr. Cooperstock’s
`Supplemental Declaration), ¶54
`Petitioner’s Reply, p. 20
`
`•
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Figure from Pet., 27
`
`11
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`KOSS-2023, pp. 20-21
`
`Dr. Cooperstock’s Testimony
`
`KOSS-2023, pp. 16-17
`
`12
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`Petitioner’s Reply, 20
`
`Petitioner’s Brown-Scherzer
`Combination Did Not
`Incorporate Scherzer’s
`Teachings of User
`Contribution Accounts and
`Associated Tracking
`APPLE-1023 (Dr. Cooperstock’s
`Supplemental Declaration), ¶54
`
`13
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Petitioner’s Brown-Scherzer Combination
`is Without Meaningful Limits
`
`APPLE-1025, pp. 74-75
`(Dr. Cooperstock’s deposition testimony in
`IPR2021-00600, which was adopted by
`Petitioner in this proceeding at Reply, pp. 9-
`10)
`
`14
`
`
`
`Consequences of Broad
`Scope to Petitioner’s
`Brown-Scherzer
`Combination
`• Network access is provided to device
`101, which can be associated with a
`different user than device 105
`• Network access by device 101
`obtained with Scherzer’s system is
`not tracked
`• No limits to further dissemination of
`access credentials to other devices
` Device 101 freeloads; incentive for
`registering with Scherzer’s system
`destroyed (KOSS-2022, ¶¶ 49, 55, 58)
` Registered users lose control of their
`wireless access points; users would
`forego registration (Id. ¶55)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Figure from Pet., 27
`
`15
`
`
`
`Petitioner’s Brown-Scherzer
`Combination ignores teachings in
`Scherzer and POSITA’s common
`understandings of network security
`
`• Scherzer’s user contribution account is not an optional
`element. Sur-Reply, 18 (citing KOSS-2022,¶48).
`• Scherzer’s contribution account is not limited to only “some
`embodiments.” Id.
`
`16
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`KOSS-2022 (Mr.
`McAlexander’s
`Declaration),
`¶23
`
`POSITA
`• Bachelor’s degree
`in EE or similar
`• Two or more years
`of relevant work
`experience
`
`APPLE-1003 (Dr.
`Cooperstock’s
`Initial Declaration),
`¶26
`
`17
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Scherzer’s “collaborative community of users”
`“exchange” Network Access
`APPLE-1005, [0015]
`
`APPLE-1005, [0005]
`
`18
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`APPLE-1005, FIG. 1
`
`Scherzer’s “collaborative
`community of users” “exchange”
`Network Access
`
`APPLE-1005, [0020]
`
`19
`
`
`
`Scherzer’s User Contribution
`Account Is Not An Optional
`Element (Sur-Reply, pp. 17-19)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`APPLE-1005, [0022]
`
`APPLE-1005, [0022]
`
`20
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Acceptability of User
`Contribution Account
`APPLE-1023 (Dr. Cooperstock’s Supplemental
`Declaration), ¶16
`
`APPLE-1005
`
`21
`
`
`
`Scherzer’s User Contribution Account Is Not An Optional Element
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`KOSS-2022 (Mr.
`McAlexander’s
`Declaration), ¶54
`
`22
`
`
`
`Scherzer’s User Contribution Account Is Not an Optional Element
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`KOSS-2022 (Mr.
`McAlexander’s
`Declaration),
`¶¶48, 49
`
`23
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`APPLE-1023 (Dr. Cooperstock’s
`Supplemental Declaration), ¶16
`
`Scherzer Describes User
`Contribution Accounts Without
`Being Limited To Only “Some
`Embodiments”
`
`APPLE-1005, Abstract and ¶15
`
`Not prefaced with
`“in some embodiments”
`
`24
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Scherzer Describes User
`Contribution Accounts Without
`Being Limited To Only “Some
`Embodiments”
`APPLE-1005, Claims 1, 22, 23,
`24, 43, and 44
`
`ALL 6 claims recite “user contribution
`account acceptability”
`
`25
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POSITA’s Common Understandings of Network Security
`KOSS-2022 (Mr. McAlexander’s Deposition), ¶60
`
`• A POSITA would use security
`features to mitigate risks to
`network security
`• Security Features
`• Safeguarding of access
`credentials by Scherzer’s
`software client
`• Encryption of access
`credentials
`“White list” authentication of
`devices
`
`•
`
`APPLE-1024 (Mr. McAlexander’s
`Deposition), 305:16-24
`
`26
`
`
`
`Mr. McAlexander’s Consistent Testimony on Encryption of
`Access Credentials
`APPLE-1024, 305:16-24
`KOSS-2022 (Mr. McAlexander’s Declaration), ¶60
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`APPLE-1024
`(Mr.
`McAlexander’s
`Deposition),
`318:4-11
`
`APPLE-1024, 317:10-18
`
`27
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Mr. McAlexander’s Testimony on “White List” Authentication
`of Devices
`
`KOSS-2022 (Mr. McAlexander’s
`Declaration,¶¶57-59
`
`28
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`A POSITA’s Knowledge of Security Features Is Unrebutted
`APPLE-1023 (Dr. Cooperstock’s Supplemental Declaration), ¶55
`
`• Petitioner does not
`dispute a POSITA’s
`knowledge of:
`• Safeguarding of
`access credentials
`with software
`• Encryption of access
`credentials
`“White list”
`authentication
`• Petitioner merely argues
`that Scherzer does not
`disclose these security
`features. See, e.g. APPLE-
`1023, ¶¶ 22, 23, 26, 27,
`55, 56.
`
`•
`
`29
`
`
`
`Inconsistent & Unclear Positions by
`Petitioner and Dr. Cooperstock
`
`• Does Petitioner’s Brown-Scherzer Combination impose any
`limits to network access?
`
`30
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Dr. Cooperstock’s Inconsistent Characterizations
`of Limits, If Any, to Network Access
`• “Scherzer does not prescribe any limits to what
`kind of users, either registered or unregistered,
`can make use of the service.” APPLE-1025, pp.
`74-75.
`• It would “defeat the purposes of Scherzer to
`limit what devices or how many devices a user
`can connect to access points.” Id.
`• Scherzer does not prohibit sharing credential
`information between users and “the [Brown-
`Scherzer] combination that I described does not
`preclude that either.” KOSS-2023, pp. 16-17.
`• But, compare:
`• Concerns of widespread, unfettered dissemination are
`“not relevant” and “mischaracterize[]” two examples
`where network access is only shared between two
`commonly-owned devices of a registered user. APPLE-
`1023, ¶¶ 57, 25.
`31
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Dr. Cooperstock’s Testimony
`
`Arbitrary, Self-Serving Limits
`
`APPLE-1023 (Dr. Cooperstock’s
`Supplemental Declaration), ¶57
`
`No Limits
`APPLE-1025 (November 5, 2021 Deposition
`of Dr. Cooperstock in IPR2021-00600),74:18-
`20
`
`APPLE-1025, 75:11-14
`
`KOSS-2023 (Dr. Cooperstock’s Deposition),
`pp. 16-17 (in response to question—can
`devices 101 and 105 be associated with
`different users?)
`
`32
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`No Limits
`APPLE-1025 (November 5, 2021 Deposition
`of Dr. Cooperstock in IPR2021-00600),74:18-
`20
`
`Dr. Cooperstock’s Testimony
`Arbitrary, Self-Serving Limits
`APPLE-1023 (Dr. Cooperstock’s Supplemental
`Declaration), ¶25
`
`APPLE-1025, 75:11-14
`
`KOSS-2023 (Dr. Cooperstock’s Deposition),
`pp. 16-17 (in response to question—can
`devices 101 and 105 be associated with
`different users?)
`
`33
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Arbitrary, Self-Serving Limits
`Petitioner’s Reply, 13-14
`
`Petitioner’s Conflicting Positions
`Petitioner’s Brown-Scherzer
`Combination
`• Devices 101 and 105 can be
`associated with different users
`• KOSS-2023, pp. 16-17
`• KOSS-2023, pp. 20-21
`• Network access obtained by
`Scherzer’s system is not tracked
`or attributed to a user
`contribution account
`• APPLE-1023, ¶54
`• Petitioner’s Reply, 20
`• Device 101 can be associated
`with an unregistered user
`• APPLE-1025, pp. 74-75.
`
`34
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Petitioner’s Conflicting Positions
`
`Petitioner’s Brown-Scherzer
`Combination
`• Devices 101 and 105 can be
`associated with different users
`• KOSS-2023, pp. 16-17
`• KOSS-2023, pp. 20-21
`• Network access by Scherzer’s
`system is not tracked or
`attributed to a user contribution
`account
`• APPLE-1023, ¶54
`• Petitioner’s Reply, 20
`• Device 101 can be associated
`with an unregistered user
`• APPLE-1025, pp. 74-75.
`
`Arbitrary, Self-Serving Limits
`
`Petitioner’s Reply, 9
`
`35
`
`
`
`Petitioner’s Obviousness Challenges
`to Claims 1-20 of the ’451 Patent Fail
`• Petitioner’s Brown-Scherzer combination result in
`widespread, unfettered dissemination of network access
`without tracking
`• Petitioner’s Brown-Scherzer combination fails to consider
`teachings in their entireties
`• Only defense to concern of widespread, unfettered
`dissemination is reliance on two examples, which are not
`commensurate in scope with Petitioner’s combination, in
`general
`
`36
`
`
`
`APPENDIX
`
`• ‘451 Patent
`• Brown
`• Scherzer
`• Recognized/Unrecognized Devices &
`Registered/Unregistered Users
`• Problems with Petitioner’s First Example
`• Problems with Petitioner’s Second Example
`• Evidence of Hindsight
`• Commercial Success
`
`37
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`The ’451 Patent
`
`APPLE-1001, 5:54-60
`
`38
`
`
`
`Brown
`
`• Device-to-device transfer of
`access credentials 182 via
`ad hoc connection 190.
`• Devices 101, 105 are local
`and in close proximity to
`facilitate transfer of access
`credentials 182 via the ad
`hoc connection 190. 7:27-
`45.
`• Access credentials 182
`stored locally.
`• No host server. POR, 11.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`APPLE-1004, Figure 4
`
`39
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`APPLE-1004, 5:13-17
`
`Brown
`
`Not limited to both devices
`being associated with the
`same user. See Institution
`Decision, p. 33.
`
`APPLE-1004, Figure 4
`
`40
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Scherzer
`
`•
`“Collaboration between registered users” is the foundation. KOSS-2022, ¶48.
`• Necessarily involves multiple users
`
`APPLE-1023, ¶14
`
`41
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Scherzer
`
`• Expands network access for devices associated with acceptable
`user contribution account accounts. POR, p. 14 (quoting IPR2021-
`00600, Pet. 27).
`• Providing network access to unrecognized devices is outside
`Scherzer’s scope and incompatible with its teachings. Sur-Reply, p.
`10 (citing KOSS-2022, ¶59 (Mr. Cooperstock explaining “device 101
`would be unregistered and unrecognized by Scherzer’s system and,
`thus, prevented from connecting to the access point”)).
`• Petitioner observed, “Scherzer also does not address unregistered
`devices using credential information to access wireless points that
`are part of its service.” Reply, p. 16.
`
`42
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`KOSS-2022 (Mr. McAlexander’s
`Declaration), ¶59
`
`Recognized/Unrecognized Devices
`Registered/Unregistered Users
`• Registered User – registered with Scherzer’s
`service
`• Represented as devices 104, 106, 108,
`110, 112 in FIG. 1 of Scherzer
`• Unregistered User – not registered with
`Scherzer’s service
`• Recognized device – a device “associated
`with the account of a registered user in
`Scherzer’s system and, thus, … recognized by
`Scherzer’s server.” Sur-Reply, p. 4
`• Example: Brown’s Device 105
`• Unrecognized device – a device that is “not
`associated with an account [which] would
`not be recognized by Scherzer’s server.” Sur-
`Reply, 4.
`• Example: Brown’s device 101
`• Can be owned by a registered user or an
`unregistered user. Sur-Reply, p. 4.
`
`43
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Problems with Petitioner’s First Example
`Usage Scenario (Sur-Reply, pp. 14-15)
`
`• Device 105 has access
`credentials 182 in
`memory device 162
`• Device 105 transmits
`access credentials to
`device 101 via ad hoc
`connection 190
`• Scherzer is superfluous
`to connecting Device
`101 to WAP 180
`
`APPLE-1004, Figure 4
`
`44
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Problems with Petitioner’s Second Example
`Usage Scenario (Sur-Reply, pp. 15-17)
`• Devices 101 and 105 can be
`Figure from Pet., 27
`associated with different
`users
`• KOSS-2023, pp. 16-17
`• KOSS-2023, pp. 20-21
`• Device 101 does not have
`Scherzer-like software client
`• Device 101 is not recognized
`by Scherzer’s server
`• Devices 101 and 105 can
`further disseminate access
`credentials to other devices
`and other users
`• KOSS-2023, pp. 20-22
`• Widespread, unfettered
`dissemination of access
`credentials 182
`• Registered user loses control
`of their WAPs 180
`
`45
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Evidence of Hindsight
`KOSS-2015 (Dr. Cooperstock’s
`Deposition), 17:1-8
`
`• Used claims as roadmap to identify
`teachings in counsel-selected references
`that cover the claims (POR, p. 38)
`• Cooperstock combined Brown and Scherzer
`before considering “predictable problems”
`(Sur-Reply, p. 11)
`Petition never discusses “predictability” of
`Brown-Scherzer combination despite
`Petitioner’s statements otherwise (Sur-
`Reply, p. 12)
`
`•
`
`APPLE-1023 (Dr.
`Cooperstock’s
`Supplemental
`Declaration),
`¶46
`
`46
`
`
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Commercial Success Confirms Non-Obviousness
`(Patent Owner’s Sur-Reply, pp. 24-28)
`• HomePod Products possess all elements
`• Evidenced by detailed claim chart in APPLE-1014
`• No evidence corroborating assertion that HomePod
`Products do not use a host server (Petitioner’s Reply,
`p. 26)
`• Challenged Claims are co-extensive with HomePod
`Products, entitled to presumption of nexus
`1.
`“Two speakers” is not an unclaimed feature
`2. Multi-microphone voice control and functionality
`as “home assistance” / “home hub”
`•
`Do not relate to “heart” of the ’451 Patent (Id., pp.
`25-26)
`No evidence these features are critical or significant
`to improving system of ‘451 Patent (Id., p. 26)
`• Commercial success is presumed to be result of
`practicing challenged claims
`
`•
`
`47
`
`
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