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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.,
`
`Petitioners
`
`v.
`
`GUI Global Products, Ltd., D/B/A Gwee,
`
`Patent Owner
`
`Case IPR2021-00335
`
`U.S. Patent No. 10,259,020
`
`Patent Owner’s Preliminary Response Petition for Inter Partes Review of
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`U.S. Patent No. 10,259,020
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`
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`
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`I.
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`II.
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`IPR2021-00335
`U.S. Patent No. 10,259,020
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`TABLE OF CONTENTS
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`INTRODUCTION .......................................................................................... 6
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`OVERVIEW OF THE ’020 PATENT .......................................................... 22
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`A.
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`Overview of the Presently Relevant Disclosure of the ’020 Patent .. 22
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`III. OVERVIEW OF KIM .................................................................................. 29
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`A.
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`Overview of the Presently Relevant Disclosure of Kim, ................... 29
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`IV.
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`LEVEL OF ORDINARY SKILL IN THE ART ........................................... 42
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`V.
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`CLAIM CONSTRUCTION ......................................................................... 42
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`VI.
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`SAMSUNG HAS FAILED TO PROVE UNPATENTABILITY OVER
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`KIM .............................................................................................................. 43
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`A. Kim does not disclose or render obvious “a portable switching device
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`coupled to a portable electronic device; wherein: the switching
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`device and the electronic device are configured to selectively couple
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`to each other employing magnetic force” .......................................... 43
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`B. Kim does not disclose or render obvious “a first magnet is disposed
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`within the switching device” .............................................................. 60
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`C. Kim does not disclose or render obvious that “the electronic device
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`comprises at least one element selected from the group consisting of
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`beveled edges, ridges, recessed areas, grooves, slots, indented shapes,
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`
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`ii
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`
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`bumps, raised shapes, and combinations thereof; configured to
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`correspond to complimentary surface elements on the switching
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`device” ............................................................................................... 63
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`D. Kim does not disclose or render obvious “when coupled, the second
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`case functions to protect the first case.” ............................................ 65
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`VII. SAMSUNG’S ‘020 PETITION PROVIDES NO EXPLANATION FOR
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`RECONCILING ITS SIMULTANEOUSLY FILED ‘021 PETITION ...... 66
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`VIII. THE FINTIV DISCRETIONARY FACTORS ARE UNNECESSARY TO
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`CONSULT DUE TO THE PETITION’S LACK OF MERIT ..................... 67
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`IX.
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`THE BOARD SHOULD TERMINATE THIS IPR BECAUSE IT
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`FAILS UNDER THE APPOINTMENTS AND DUE PROCESS
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`CLAUSES. ................................................................................................... 67
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`X.
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`CONCLUSION ............................................................................................ 70
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`CERTIFICATE OF COMPLIANCE ....................................................................... 72
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`CERTIFICATE OF SERVICE ................................................................................ 73
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`iii
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`IPR2021-00335
`U.S. Patent No. 10,259,020
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`TABLE OF AUTHORITIES
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`
`
`Cases
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`Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020) ........ 66
`
`Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) ................. 67
`
`Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064 (Fed. Cir. 2015) ............................... 67
`
`Celgene Corp. v. Peter, 931 F.3d 1342 (Fed. Cir. 2019),
`cert denied, 141 S.Ct. 132 (2020) .................................................................... 68
`
`Doolin Sec. Sav. Bank, F.S.B. v. FDIC, 53 F.3d 1395 (4th Cir. 1995) ................... 68
`
`Dynamic Drinkware, LLC v. Nat’l Graphics, Inc.,
`800 F.3d 1375 (Fed. Cir. 2015) ...................................................................... 66
`
`Edmond v. United States, 520 U.S. 651 (1997) ....................................................... 67
`
`Fanduel, Inc. v. Interactive Games LLC, 966 F.3d 1334 (Fed. Cir. 2020) ............. 66
`
`Impax Labs., Inc. v. Aventis Pharms., Inc., 468 F.3d 1366 (Fed. Cir. 2006) .......... 49
`
`In re Gleave, 560 F. 3d 1331 (Fed. Cir. 2009) ........................................................ 49
`
`In re Longi, 759 F.2d 887 (Fed. Cir. 1985) ............................................................... 5
`
`In re Magnum Oil Tools Int’l, Ltd., 829 F.3d 1364 (Fed. Cir. 2016) ...................... 66
`
`Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc) ......................... 41
`
`Tumey v. Ohio, 273 U.S. 510 (1927) ....................................................................... 68
`
`Worlds Inc. v. Bungie, Inc., 903 F.3d 1237 (Fed. Cir. 2018) .................................. 66
`
`
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`iv
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`Statutes
`Statutes
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`IPR2021-00335
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`IPR2021-00335
`U.S. Patent No. 10,259,020
`US. Patent No. 10,259,020
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`35 U.S.C. § 314(a) ................................................................................................... 66
`35 U.S.C. § 314(a) ................................................................................................... 66
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`5 U.S.C. § 556 .......................................................................................................... 67
`5 U.S.C. § 556 .......................................................................................................... 67
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`5 U.S.C. § 7521(a) ................................................................................................... 68
`5 U.S.C. § 7521(a) ................................................................................................... 68
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`
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`v
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`I.
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`INTRODUCTION
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`IPR2021-00335
`U.S. Patent No. 10,259,020
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`The Petition by Samsung Electronics Co., Ltd. and Samsung Electronics
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`America, Inc. (“Samsung” or “Petitioner”) fails to establish a reasonable likelihood of
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`rendering obvious claim 1 of challenged U.S. Patent No. 10,259,020 (the “‘020
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`patent”), and thus the Petition fails to establish a reasonable likelihood of success1 on
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`any challenged grounds.2 The Petition challenges claim 1 (and thus all other claims,
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`1 See In re Longi, 759 F.2d 887, 897 (Fed. Cir. 1985).
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`2 Each of challenged claims 2-19 depend from claim 1. Ground 1 seeks cancellation
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`of claim 1 and various dependent claims based upon the disclosure of Kim. Ground
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`2 seeks cancellation of claim 10 based upon the same cited disclosure of Kim plus
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`added disclosure from another reference to meet the additional limitations of claim
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`10. Ground 2 seeks cancellation of claims 16 and 17 based upon the same cited
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`disclosure of Kim plus added disclosure from another reference to meet the
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`additional limitations of claims 16 and 17. Ground 4 seeks cancellation of claim 18
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`based upon the same cited disclosure of Kim plus added disclosure from another
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`reference to meet the additional limitations of claim 18. As noted above, because
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`the Petition lacks a reasonable likelihood of success for proving obviousness of
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`claim 1, it is sufficient for purposes of this Preliminary Response to address the
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`which each depend from claim 1) based upon U.S. Published Patent Application No.
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`2010/0227642 to Kim (“Kim”) allegedly rendering it obvious. Because the Petition lacks
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`a reasonable likelihood of success for establishing obviousness of claim 1, it is sufficient
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`for purposes of this Preliminary Response to address only Samsung’s challenge to claim
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`1, and further to address only some of the most glaring shortcomings in Samsung’s claim
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`1 arguments.
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`The crux of Samsung’s argument is a fictional watch embodiment, based on
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`hindsight from the ‘020 patent, which Samsung alleges would have been an obvious
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`modification of Kim’s FIG. 15A watch embodiment in view of Kim’s FIG. 11B phone
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`embodiment. The actual embodiment disclosed by Kim is at left, and Samsung’s
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`fictional FIG. A embodiment is at right:
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`challenge to claim 1 only. Gwee’s silence at this preliminary stage on unnecessary
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`issues raised by Grounds 1-4 is not a concession that any assertions in the Petition
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`are correct. Gwee reserves the right to address issues as they become relevant or
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`otherwise appropriate to address in the future.
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`There are numerous problems with the additions and modifications that must be made to
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`Kim’s disclosed embodiments to arrive at Samsung’s fictional FIG. A embodiment. The
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`end result is that a person of ordinary skill in the art at the time of the invention of
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`the ’020 patent (“POSITA”) would not have reason or motivation to make these
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`revisions; hence, Samsung fails to demonstrate that claim 1 is obvious in view of Kim.
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`First, Kim itself rejects the modifications proposed by Samsung. Stripped of any
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`rhetoric, Samsung’s obviousness argument proposes the
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`addition of a “sub-device” 300 to the hinged flip-top
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`portion of the watch embodiment shown in Kim’s FIG.
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`15A. But Kim already teaches a watch embodiment that
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`includes a sub-device 300 and shows same in FIG. 15B
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`(reproduced at
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`left). Not surprisingly,
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`the actual
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`embodiment taught by Kim bears no relation to the fictional FIG. A embodiment
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`proposed by Samsung. Instead of a sub-device 300 coupled to the hinged flip-top shown
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`in Kim’s FIG. 15A, Kim teaches a sub-device 300 coupled to the wrist-worn portion of
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`the watch embodiment with the hinged flip-top shown in FIG. 15A completely removed.
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`This makes sense. With sub-device 300 in place, there is no need for the display on the
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`hinged flip-top and that hinged flip-top could never be closed with the sub-device 300 in
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`place.
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`Kim even makes the point that the hinged flip-top can be separated from the wrist-
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`worn portion of the watch embodiment, Ex. 1010 at [0259], presumably for this very
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`reason. Indeed, Kim actually requires that the hinge structure “must” allow such
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`“separating,” Ex. 1010, [0258], and it is not only the FIG. 15B embodiment that
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`demonstrates why. In FIGs. 15C and 15D, Kim illustrates further arrangements in which
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`the flip-top is removed from the wrist-worn portion of the watch embodiment to
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`accommodate other kinds of sub-devices. In particular, FIG. 15C shows a slidable sub-
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`device fitting over the display on the wrist-worn portion and FIG. 15D shows a sub-
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`device that can be fitted into grooves at the edges thereof. Id. at [0262]. Retaining the
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`hinged flip-top portion of the watch embodiment in either configuration would impede
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`(if not prevent) use of the sub-devices shown in Figures 15C and 15D, and the same is
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`true for the configuration shown in FIG. 15B.
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`Samsung’s arguments ignore these realities and instead propose a modification that is
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`nowhere contemplated by Kim.
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`Second, even if a POSITA might hypothetically modify Kim’s FIG. 15A watch
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`type main device in view of the FIG. 11B bar (i.e., mobile phone) type main device
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`(which is not the case here), Kim lacks the disclosure, enablement, and any motivation
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`for a POSITA to do so. First, the watch embodiment sub-device 100a/100b that Samsung
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`seeks to insert into the folding watch embodiment is not disclosed or suggested by FIG.
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`11B, or by anything else in Kim, and it would frustrate and contravene the purpose of the
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`folding watch embodiment at FIG. 15A by preventing the watch from folding shut as
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`intended. A side view of Samsung’s fictional FIG. A is depicted in the following
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`diagram:
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`As can be seen, top 100b would not close onto main device base 100a and would not
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`protect fictionally inserted sub-device 300. In fact, closing 100b on top of 100a would
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`either dislodge Samsung’s asserted magnetic coupling of sub-device 300 and risk its
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`damage from dropping or force apart the hinged closure mechanism 100d, potentially
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`damaging it or rendering it inoperative.
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`This dislodging of sub-device 300 from a pinching of the hinge is incompatible
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`with, and indeed contradicts, Kim’s requirement that the magnets “fix the sub-devices
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`such that the sub-devices are not moved, shattered or released after being coupled at
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`accurate positions.” Ex. 1010, [0185]. Moreover, Kim has no disclosure of any means
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`of securing the cover 100b of the watch type embodiment to the base 100a, and with a
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`sub-device 300 magnetically coupled to the inside to the cover, it would be increasingly
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`difficult and also not suggested by Kim to secure the sub-device 300 to base 100a while
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`also being magnetically coupled to the inside of cover 100b.
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`Third, Kim’s Fig. 15A watch-type embodiment teaches placing cover 100b with
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`display 251 in an overlaid position relative to main body 100a with display 151, when
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`the watch is closed. Ex. 1010, Fig. 15A. The purpose of this is to look through TOLED
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`screen 251 to see underlying LCD screen 151, when the watch is closed. If hinge 100
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`was enlarged to provide a gap for sub-device 300 to fit between cover 100b and main
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`body 100a, then, when sub-device 300 was not present in the gap, display 251 of cover
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`100b would be situated at an angle verses display 151 of main body 100a, when the watch
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`is closed. For a TOLED screen 251 to work properly relative to overlaying screen 151,
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`it would need to adjacently overlap screen 151 without such a significant gap or angle.
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`A TOLED display 251 with a significant gap or angle with respect to display 151 would
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`not properly align the displays, for example, with respect to aligning touch areas, graphics
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`and text on TOLED display 251 with overlaid columns, rows, graphics or text on display
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`151. This gap would also be a problem because the alignment of the elements on the two
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`displays would vary depending on the angle of the viewer. Thus a POSITA would not
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`be motivated to make such a modification in direct contravention of the main TOLED
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`feature of the overlaid displays. This problem is exemplified by the following:
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`Fourth, Kim teaches that top 100b in FIG. 15A is a “sub-device.” Kim has no
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`teaching, enablement or reasonable expectation of success for having, using or
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`controlling three displays, or for having, using or controlling two sub-devices
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`simultaneously, as would be required by Samsung’s fictional FIG. A embodiment.
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`Fifth, even if a POSITA might, using hindsight, arguably be able to further modify
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`Kim’s disclosure to produce to a fictional Samsung FIG. A embodiment that might be
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`able to close, the information displayed on the fictionally inserted sub-device 300 would
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`be backward when fictionally inserted sub-device 300 was sandwiched on top of base
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`main device 100a and one was looking down at fictionally inserted sub-device 300 atop
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`base main device 100a, as exemplified by the following diagram:
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`13
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`Display 251 in FIG. 15A is a TOLED display, i.e., it is transparent. A wearer is expected
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`to be able to look through display 251 when it is closed to view display 151 of the watch.
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`But having sub-device 300 inserted therebetween would prevent such viewing. Further,
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`as depicted above, the information displayed on sub-device 300 would not only be visible
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`(and blocking that displayed on display 151 below it), it would be upside down and
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`backwards. It is hard to imagine why a POSITA would be motivated to produce such an
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`unusable device.
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`Sixth, Samsung’s fictional embodiment is highly problematic, and, in fact, a
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`POSITA would not have had a reasonable expectation of making, much less be
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`motivated to make, Samsung’s fictional modifications, including because (a) Kim has no
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`teaching of a watch type embodiment with both a cover 100b and an additional sub-
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`device 300, (b) Kim has no teaching of putting a sub-device 300 on the face of a TOLED
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`screen of a folder type or watch type main device (wherein the purpose of the TOLED
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`display top of the folding main device structure is to look through the top 100b to see the
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`LED screen of base 100a, and wherein the addition of a sub-device 300 would obscure
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`and block the benefits to be obtained from having the TOLED display), and (c) because
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`the watch embodiment would not shut as noted above. There is also no teaching in Kim
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`and no reasonable expectation of success for the control function operating with multiple
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`sub-devices.
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`On this issue, the teachings of FIG. 5, which Samsung purports to rely upon, weigh
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`heavily against the desirability or motivation for Samsung’s fictional modification.
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`Relative to FIG. 5, Kim describes a method of controlling information displayed on
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`a different display unit than the second display unit 156 (or LCD) in case of a touch
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`to the first TOLED display unit 155 externally exposed in an overlapped
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`configuration. Ex. 1010, [0163]. With the folder type embodiment of FIG. 5, the
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`desired configuration is to look through the TOLED lid and use the touch screen TOLED
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`display of the lid in conjunction with the LCD display of the base unit of the main device.
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`To the extent any teachings from non-watch type devices might inform modifications to
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`the watch type device, FIG. 5 would be the most pertinent, and the operation of the FIG.
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`5 embodiment, like the FIG. 15A embodiment that Samsung proposes to modify, would
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`be frustrated by Samsung’s proposed sandwiching of a sub-device 300 between the
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`folded halves of the main device 100a/b.
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`Samsung’s uses unsound logic for modifying the FIG. 15A watch embodiment
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`based upon the FIG. 11B because the FIG. 15A watch embodiment is allegedly so similar
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`to the FIG. 5 folder type embodiment. As noted above, to the extent that the FIG. 5 folder
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`type embodiment would motivate a POSITA to do anything with respect to the FIG. 15A
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`watch embodiment, the motivation would be to use only the TOLED lid 100b of the main
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`device in conjunction with the LCD base 100a of the main device to make use of the
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`capabilities achievable from looking through the TOLED lid display to see the
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`underlying LCD base display.
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`Seventh, Samsung’s reliance upon the FIG. 11B device as somehow suggesting or
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`providing a motivation to modify the very different FIG. 15A watch type device is
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`unpersuasive. For example, the sub-device 300 of FIG. 11B only has a tiny, one or two
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`line display:
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`Such a “small display (e.g., one-line display, two-line display)”, also depicted at FIG. 9D:
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`and in other figures as well, is “coupled at one side of the touchpad to display simple
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`information (e.g., a control state, a current state, a connection state with the main device),”
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`Ex. 1010, [0201], and would be totally unusable if sub-device 300 was sized down to fit
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`the FIG. 15A-D watch type embodiments.
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`Furthermore, in the FIG. 11 embodiments, underlying the flip-top is a keyboard,
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`not another display as in the watch-type embodiments. Hence, there is no need to look
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`through the flip-top and so the inclusion of a sub-device does not introduce the information
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`display complications discussed above with respect to a watch-type embodiment.
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`Eighth, if a POSITA was to gain any possible guidance from Kim even in the
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`general direction of invention recited in claim 1 of the ‘020 patent, the relevant teachings
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`would come from FIG. 15B, and if the bar type embodiments are even relevant to such
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`an exercise (which they are not), the relevant teaching would come from FIG. 5. The
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`teachings from FIGs. 15B and 5 illustrate the lack of motivation to combine and lack of
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`reasonable expectation of success.
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`Samsung’s challenge to claim 1 also suffers from other flawed reasoning that fails
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`to establish a reasonable likelihood of success on any challenged grounds. For its
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`hindsight reconstruction, Samsung argues, unpersuasively, that it would be obvious to
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`“dispose” magnets on the surface of a Kim sub-device into the sub-device. Kim teaches
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`that magnets are “attached to one side of the main device 100 and one side of the
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`sub-device 300, to easily couple or separate (i.e., couple or de-couple) the main
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`device 100 and the sub-device. Ex. 1010, [0203]. This is illustrated in FIG. 10A.
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`Consistent with magnets being surface mounted as described and depicted in the
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`figures, Kim also refers to such a magnet as an “auxiliary member.” Ex. 1010,
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`[0185].
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`Samsung’s reasons that a POSITA would be motivated to modify Kim’s disclosed
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`devices to dispose magnets therein are insufficient and unpersuasive. In fact, a POSITA
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`would be motivated to keep the magnets attached to the surface where Kim places them.
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`First, the surface mounted magnets of Kim provide needed spacing between the
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`display screen of the main device and the display screen of the overlaid sub-device. This
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`avoids the overlaid displays from scratching or impacting/damaging each other,
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`especially when foreign debris such as sand or dust gets lodged between the display
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`screens. Such scratching is especially problematic with the requirement of claim 1
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`that first case protect the second case for a view screen against a view screen.
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`Further, with portable electronic devices that routinely take abuse through
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`ordinary use and mishaps such as accidental dropping, one would want Kim’s
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`embedded magnets to be strong enough to keep a sub-device 300 magnetically
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`coupled during a mishap. Because Kim’s magnets would have such strong
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`attraction forces, when sub-device 300 is placed on cover 100b as shown by
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`Samsung’s fictitious FIG. A, there would be a powerful snapping together effect
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`between sub-device 300 and cover 100b as sub-device 300 comes closer to 100b
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`and the magnetic attraction force between the embedded magnets becomes
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`exponentially stronger. This snapping would be undesirable because the two
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`screens would potentially crack or become damaged. Kim minimizes this problem
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`by locating magnets 510 on the exterior of the sub-device 300 and main device 100
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`as shown in FIG. 10A. This is illustrated by the following:
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`A POSITA would not want Kim’s delicate display screens feeling the direct impact
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`of snapping together embedded magnets to securely and magnetically couple to
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`display screens together — rather a POSITA would want the exterior magnets to
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`receive the impact, as Kim designed. Further, with the embedded magnets as
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`Samsung suggests, two delicate view screens would slam into each other further
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`resulting a first case that would not protect a second case as required by Claim 1.
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`Second, the modification would require embedding significantly larger
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`magnets within the already small and thin sub-device 300, which has little enough
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`room for a display already.
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`Third, Samsung fails to point to the complementary structures required by claim
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`1. Rather, Samsung points only to a “hook (not shown)” and a presumed sort of
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`receptacle for such a hook, also not shown. Further, for its hindsight re-
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`construction, Samsung must use both magnets and hooks to secure sub-device 300
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`to top main device 100b. However, Kim does not teach using hooks for its watch
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`type embodiment; Kim teaches hooks and magnets as alternative means to secure
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`a sub-device to a main device. There would be no motivation for a POSITA to use
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`both hooks and magnets, especially to secure the small, lightweight sub-device 300
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`that Samsung fictionally seeks to attach to the top of the watch type main device
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`100b. As noted below, if hooks were to secure fictionally attached sub-device 300
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`to cover 100b of the FIG. 15A watch embodiment, then the magnetic coupling
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`required by claim 1 would not be met because a POSITA would have no reason to
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`use both magnets and hooks, which are presented as alternate means for securing
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`the devices.
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`Fundamentally, Samsung’s analysis uses hindsight to try to re-engineer a
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`fictional, non-enabled, non-functional new watch type device system at odds with
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`the teachings of Kim for the sole purpose of matching Kim with the elements of
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`claim 1, without any analysis or persuasive reasoning that Kim renders claim 1
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`obvious as a whole.
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`Samsung’s Petition and the hindsight theories espoused therein have numerous
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`other fatal flaws that add to the lack of reasonable likelihood of success for proving
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`obviousness of claim 1 or any other claims, but it is sufficient for purposes of this
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`Preliminary Response to address the limited issues addressed herein, since no more is
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`needed at this time to show a lack of reasonable likelihood of success sufficient to justify
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`denying institution.
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`II.
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`OVERVIEW OF THE ’020 PATENT
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`A.
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`Overview of the Presently Relevant Disclosure of the ’020
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`Patent
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`The president and primary force behind GUI Global Products, Ltd., D/B/A
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`Gwee (“Gwee”) is businessman and prolific inventor Walter (“Tad”) Mayfield. Mr.
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`Mayfield and his ‘020 co-inventor, Dan Valdez, took portable magnetic switching
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`in new directions and to new levels, as evidenced by the exemplary portable3
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`magnetic switching devices in FIGs. 1-26 of the ‘020 patent. In certain preferred
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`embodiments such switching devices may be cleaning devices, but they need not
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`3 The ‘020 claims are directed to systems comprising portable switching devices and
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`portable electronic devices, and the ‘020 specification describes, inter alia, systems
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`comprising portable switching devices and portable electronic devices. Whether
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`“portable” is expressly stated, references herein to switching devices and electronic
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`devices are to portable ones.
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`be cleaning devices. Ex. 1001/Abstract (“The cleaning devices may have secondary
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`applications such as … activating or deactivating a device having a magnetic switch
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`… They may also be manufactured without a cleaning component for use with the
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`secondary applications.”); Ex. 1001/21:24-264 (“Where such a secondary use has
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`been disclosed, then such devices, with or without the cleaning material are also
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`within the scope of the application.”). The disclosed switching devices have
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`functions such as activating, deactivating and hibernating electronic devices such
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`as cell phones, smartphones, tablet computers and laptop computers. For example,
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`the magnetic switching device 2401 in FIGs. 24 and 25,
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`,
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`4 Ex. 1001/21:24-26 refers to column 21, lines 24-26 of the ‘020 patent.
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`23
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`comprising magnets 2504 activates, deactivates or hibernates tablet computer 2400.
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`Ex. 1001/17:63-67. Another example is the doll-shaped switching device in FIG.
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`26, which is depicted as a switching device for a version of the iPad. Ex. 1001/5:47-
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`49.
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`Aspects of disclosed embodiments comprise a switching device selectively
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`coupled to the front of the portable electronic device. Ex. 1001/17:63-67 (“switching
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`device (2401) is selectively coupled to the front of the portable electronic device
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`2402 outside of the view screen 2403.”).
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`Aspects of disclosed embodiments comprise a switching device having a
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`magnet element to activate or deactivate a magnetic switch. Ex. 1001/2:65-67. See,
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`e.g., a round switching device 100 comprising magnet 102 (Figs 1A and 1B); a
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`square switching device 200 comprising magnet 202 in FIGs. 2A-2C; a switching
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`device 303 comprising a magnetic substrate (FIG. 3); a switching device 402 with a
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`magnet (FIG. 4); a switching device 503/503a with magnets 506 (FIGs. 5A, 5B).
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`Aspects of disclosed embodiments further comprise a case for an electronic
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`device having a magnetic switch, and in the area of the case over the magnetic
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`switch, a recessed area functions to facilitate a switching device having a magnet
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`moving past the switch in order to activate or deactivate the switch. Ex. 1001/3:125-
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`17. Examples of depicted recesses include indention 302 in FIG. 3:
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`Ex. 1001/8:51-55, and recess 904 in FIG. 9.
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`,
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`21/011:39-45. Aspects of disclosed embodiments further comprise switching
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`devices with beveled edges. Ex. 1001/18:53-54. Aspects of disclosed embodiments
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`further comprise switching devices that may be received into a groove, slot, or other
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`indented geometrical shape to lower the profile of the switching device to facilitate
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`closing a cover or prevent snagging a cleaning component. Ex. 1001/8:51-55; 19:2-
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`6.
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`Aspects of disclosed embodiments further comprise a switching device
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`25
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`including at least one ferromagnetic or ferrimagnetic material within, wherein the
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`ferromagnetic or ferrimagnetic material may function to actuate a power switch or
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`sensor that is capable of being actuated using a magnet. Ex. 1001/8:29-34; 3:54-60.
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`Aspects of disclosed embodiments further comprise a switching device that
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`activates or deactivates an electronic device by employing a magnet, the switching
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`device having a body surrounding the magnet and at least one surface non-abrasive
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`to the electronic device. Ex. 1001/3:49-55.
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`Aspects of disclosed embodiments further comprise methods of conserving
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`power when using a portable electronic device having a view screen and a switch
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`that can activated or de-activated by introducing a magnetic field to the switch,
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`wherein the switching device has at least one magnet and at least one surface that
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`is non-abrasive to the surface of the view screen, wherein the method includes using
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`the switching device to turn the portable electronic device off when the portable
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`electronic device is not in actual use and then on when the portable electronic device
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`is needed. Ex. 1001/4:7-17.
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`Aspects of disclosed embodiments further comprise a switching device
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`putting a tablet into hibernation mode with a single touch to the switching device
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`as compared to the multiple touches required to do the same thing using the touch
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`pad of the tablet. Ex. 1001/20:8-13.
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`Aspects of disclosed embodiments further comprise a case for an electronic
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`device having a magnetic switch, and in the area of the case over the magnetic
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`switch, a recessed area (see above regarding recesses) that facilitates a cleaning
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`component having a magnet moving past the switch in order to activate or
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`deactivate the switch. Ex. 1001/3:12-17.
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`Aspects of disclosed embodiments further comprise the case of the switching
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`device functioning to protect an electronic device's primary case. See, e.g., Ex.
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`1001/2:39-40; FIG. 5a:
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`B. Overview of ‘020 Claim 1.
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`
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`Claim 1 of the ‘020 patent reads as follows:
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`1. A system comprising:
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`a portable switching device coupled to a portable electronic device; wherein:
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`the switching device and the electronic device are configured to
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`selectively couple to each other employing magnetic force from a first
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`magnet disposed within the switching device;
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`the switching device comprises a first case;
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`the electronic device comprises a second case and an electronic circuit
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`that is responsive to the switching device;
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`the electronic device comprises at least one element selected from the
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`group consisting of beveled edges, ridges, recessed areas, grooves,
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`slots, indented shapes, bump