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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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 IPR2021-00338
`
`U.S. Patent No. 10,562,320
`
`Patent Owner’s Preliminary Response Petition for Inter Partes Review of
`
`U.S. Patent No. 10,562,320
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`
`
`
`
`I.
`
`II.
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`
`
`TABLE OF CONTENTS
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`INTRODUCTION .......................................................................................... 1
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`OVERVIEW OF THE ‘320 PATENT .......................................................... 13
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`A. Overview of the Presently Relevant Disclosure of the ‘320 Patent ... 13
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`III. OVERVIEW OF KIM .................................................................................. 21
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`A. Overview of the Presently Relevant Disclosure of Kim, ................... 21
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`IV.
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`LEVEL OF ORDINARY SKILL IN THE ART ........................................... 33
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`V.
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`CLAIM CONSTRUCTION ......................................................................... 33
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`VI.
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`SAMSUNG HAS FAILED TO PROVE UNPATENTABILITY OVER
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`KIM .............................................................................................................. 34
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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” .......................................... 34
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`B. Kim does not disclose or render obvious “a first magnet is fully
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`disposed within the electronic device” .............................................. 49
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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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`bumps, raised shapes, and combinations thereof; configured to
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`
`
`ii
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`
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`correspond to complimentary surface elements on the switching
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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`device” ............................................................................................... 54
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`D. Kim does not disclose or render obvious that “the portable switching
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`device is configured to activate, deactivate, or send into hibernation
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`the portable electronic device.” ......................................................... 55
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`E.
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`Kim does not disclose or render obvious the switching device
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`including a lid recessed to configure to the electronic device. .......... 57
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`F.
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`Kim does not disclose or render obvious “when coupled, the first
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`case functions to protect the second case.” ........................................ 66
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`VII. SAMSUNG’S ‘320 PETITION PROVIDES NO EXPLANATION FOR
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`RECONCILING ITS SIMULTANEOUSLY FILED ‘020 PETITION ...... 68
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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 ..................... 68
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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. ................................................................................................... 69
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`X.
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`CONCLUSION ............................................................................................ 71
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`CERTIFICATE OF COMPLIANCE ....................................................................... 73
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`CERTIFICATE OF SERVICE ................................................................................ 74
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`
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`iii
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`
`
`TABLE OF AUTHORITIES
`
`
`
`Cases
`
`Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020) ........ 69
`
`Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) ................. 69
`
`Belden Inc. v. Berk-Tek LLC, 805 F.3d 1064 (Fed. Cir. 2015) ............................... 70
`
`Celgene Corp. v. Peter, 931 F.3d 1342 (Fed. Cir. 2019),
`cert denied, 141 S.Ct. 132 (2020) ........................................................................ 70
`
`Doolin Sec. Sav. Bank, F.S.B. v. FDIC, 53 F.3d 1395 (4th Cir. 1995) ................... 71
`
`Edmond v. United States, 520 U.S. 651 (1997) ....................................................... 70
`
`Fanduel, Inc. v. Interactive Games LLC, 966 F.3d 1334 (Fed. Cir. 2020) ............. 69
`
`Impax Labs., Inc. v. Aventis Pharms., Inc., 468 F.3d 1366 (Fed. Cir. 2006) .......... 41
`
`In re Gleave, 560 F. 3d 1331 (Fed. Cir. 2009) ........................................................ 41
`
`Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc) ......................... 33
`
`Tumey v. Ohio, 273 U.S. 510 (1927) ....................................................................... 71
`
`Worlds Inc. v. Bungie, Inc., 903 F.3d 1237 (Fed. Cir. 2018) .................................. 69
`
`Statutes
`
`35 U.S.C. § 314(a) ................................................................................................... 68
`
`5 U.S.C. § 556 .......................................................................................................... 70
`
`5 U.S.C. § 7521(a) ................................................................................................... 70
`
`
`
`iv
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`
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`I.
`
`INTRODUCTION
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`
`The Petition by Samsung Electronics Co., Ltd. and Samsung Electronics America,
`
`Inc. (“Samsung” or “Petitioner”) fails to establish a reasonable likelihood of rendering
`
`obvious claim 1 of challenged U.S. Patent No. 10,562,320 (the “‘320 patent”), and thus
`
`the Petition fails to establish a reasonable likelihood of success1 on any challenged
`
`grounds.2 The Petition challenges claim 1 (and thus all other claims, which each depend
`
`from claim 1) based upon U.S. Published Patent Application No. 2010/0227642 to Kim
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`(“Kim”) allegedly rendering it obvious. Because the Petition lacks a reasonable
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`likelihood of success for establishing obviousness of claim 1, it is sufficient for purposes
`
`of this Preliminary Response to address only Samsung’s challenge to claim 1, and further
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`to address only some of the most glaring shortcomings in Samsung’s claim 1 arguments.
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`
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` Each of challenged claims 2-13 depend from claim 1. Ground 1 seeks cancellation
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` 2
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`of claim 1 and various dependent claims based upon the disclosure of Kim. 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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`challenge to claim 1 only. Gwee’s silence at this preliminary stage on unnecessary
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`issues raised by Grounds 1-3 is not a concession that any assertions in the Petition
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`are correct.
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`
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`1
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`The crux of Samsung’s argument is a fictional watch embodiment, based on
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`hindsight from the ‘320 patent, which Samsung alleges would have been an obvious
`
`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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`
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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 ‘320 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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`2
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`First, Kim itself rejects the modifications proposed by Samsung. Stripped of any
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`rhetoric, Samsung’s obviousness argument proposes the addition of a “sub-device” 300
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`to the hinged flip-top portion of the watch embodiment
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`shown in Kim’s FIG. 15A. But Kim already teaches a
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`watch embodiment that includes a sub-device 300 and
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`shows same in FIG. 15B (reproduced at left). Not
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`surprisingly, the actual embodiment taught by Kim bears
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`no relation to the fictional FIG. A embodiment proposed
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`by Samsung. Instead of a sub-device 300 coupled to the
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`hinged flip-top shown in Kim’s FIG. 15A, Kim teaches a sub-device 300 coupled to the
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`wrist-worn portion of the watch embodiment with the hinged flip-top shown in FIG. 15A
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`completely removed.
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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.
`
`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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`3
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`
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`diagram:
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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`
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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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`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, so the user may
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`conveniently see the time, call information, or any of the other screen data shown in the
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`screen display figures of Kim by a simple glance of the user. If hinge 100 was enlarged
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`to provide a gap for sub-device 300 to fit between cover 100b and main body 100a, then,
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`when sub-device 300 was not present in the gap, display 251 of cover 100b would be
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`situated at an angle verses display 151 of main body 100a, when the watch is closed. For
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`4
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`a TOLED screen 251 to work properly relative to overlaying screen 151, it would need
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`
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`to adjacently overlap screen 151 without such a significant gap or angle. A TOLED
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`display 251 with a significant gap or angle with respect to display 151 would not properly
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`align the displays, for example, with respect to aligning touch areas, graphics and text on
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`TOLED display 251 with overlaid columns, rows, graphics or text on display 151. This
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`gap would also be a problem because the alignment of the elements on the two displays
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`would vary depending on the angle of the viewer. This problem is exemplified by the
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`following:
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`
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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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`
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`5
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`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
`
`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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`
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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.
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`
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`Sixth, Kim would not have placed a touchpad sub-device 300 on cover 100b
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`because it would be most difficult to interact with very small touch keys on a watch cover
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`
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`6
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`
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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`with a hinge. The cover would rock back and forth with finger pressure and a second
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`hand would not be available to steady the cover 101b.
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`Seventh, 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, and (c) because the watch embodiment
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`would not shut as noted above.
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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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`Eighth, 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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`7
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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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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`
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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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`Nineth, if a POSITA was to gain any possible guidance from Kim even in the
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`
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`8
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`general direction of invention recited in claim 1 of the ‘320 patent, the relevant teachings
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`
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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.
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`First, Samsung fails to specify any disclosure in Kim of the watch-shaped main
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`device 100a/100b in FIG. 15A (relied upon by Samsung to be the “switching device” of
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`claim 1) being configured to activate, deactivate or hibernate a sub-device 300 imported
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`by Samsung from FIG. 15B (and relied upon by Samsung to be the “electronic device”
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`of claim 1).
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`Second, Samsung’s reasons that a POSITA would be motivated to modify Kim’s
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`disclosed devices to fully dispose magnets therein are insufficient and unpersuasive. In
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`fact, a POSITA would be motivated to keep the magnets attached to the surface where
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`Kim places them.
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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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`
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`9
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`
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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`obvious as a whole.
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`Further, Samsung’s reasons that a POSITA would be motivated to modify Kim’s
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`disclosed devices or Samsung’s fictional FIG. A device to include a lid recessed to
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`configure to the electronic device are insufficient and unpersuasive.
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`First, Samsung’s reliance upon recesses for hooks 510 is misplaced. This
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`
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`
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`theory would require the recess to be in the alleged lid of main device 100b. Further,
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`if a POSITA was to use the hooking mechanism then magnets would not be used, so
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`the first case could not decouple from the second case by overcoming magnetic
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`force.
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`
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`Second, the crux of Samsung’s argument is it would have been obvious to
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`further modify Samsung’s fictional watch-type embodiment (which was already
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`constructed by Samsung using hindsight from the ‘320 patent) to incorporate the
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`recess used by the bar-type embodiment shown in FIG. 10A. Samsung fails to show
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`any motivation for a POSITA to modify a watch-type device in such a manner.
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`
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`Third, Samsung’s argument that a POSITA would have been motivated to
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`achieve a thinner form factor (Pet., 46-47, citing Ex. 1002, ¶169), incorrectly
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`assumes that the watch-type embodiment would not already have a thin form factor
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`without adding a recess for sub-device 300 to fit within watch cover 100b in
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`Samsung’s fictional FIG. A. embodiment. To the contrary, a POSITA would have
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`been motivated to have a thin form factor for the foldable watch-type embodiment
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`
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`10
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`
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`actually disclosed in FIG. 15A.
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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`
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`Fourth, the FIG. 10A embodiment relied upon Samsung for the modification
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`to modify its fictional FIG. A embodiment has the magnets on the surface of sub-
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`device 300. However, Samsung’s claim 1 theory (as noted above), includes it
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`allegedly being obvious for a POSITA to “fully dispose” the magnets in the sub-
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`device.
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`Fifth, Kim discloses three methods for coupling sub-device 300 onto a watch-
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`type main device: magnetically coupling sub-device 300 to watch-type main device
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`100A in FIG. 15B; slidingly coupling sub-device 300 to watch-type main device
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`100a using edge holder 530 in FIG. 15C, and it discloses flexible sub-device 300
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`being pushed into watch-type main device 100a using edge holder 530 in FIG. 15D.
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`None of these methods is advocated by Samsung’s hindsight theory based upon the
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`bar-type embodiment in FIG. 10A.
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`Sixth, as noted above, there is no teaching or suggestion in Kim, and no
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`motivation to modify Kim’s FIG. 15A watch embodiment, to magnetically couple
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`sub-device 300 to hingedly attached main device 100a, which is what Samsung
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`alleges is the lid of its alleged switching device.
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`Seventh, if a POSITA had any alleged motivation to magnetically couple sub-
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`device 300 to alleged watch lid 100b, a POSITA would be motivated to do so in the
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`manner taught for attaching sub-device 300 to base 100a of the watch-type device
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`11
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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`in FIG. 15B. FIG. 15B, which unlike the FIG. 10A embodiment mistakenly relied
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`upon by Samsung, is a watch-type embodiment, has no recess for sub-device 300.
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`Eighth, Kim’s fold-type embodiments for mobile phones, which would be
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`more analogous
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`to Kim’s watch-type embodiments
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`than Kim’s bar-type
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`embodiments, do not have any recesses in their covers. Ex. 1010, FIGs. 5, 10D, 11A-
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`E.
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`Ninth, if a POSITA had any alleged motivation to magnetically couple sub-
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`device 300 to alleged watch lid 100b, a POSITA would not be motivated to include
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`the recess from bar-type embodiment FIG. 10A relied upon by Samsung for reasons
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`noted herein.
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`Tenth, Samsung has no explanation for how one would remove a magnetically
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`coupled sub-device 300 that has been coupled with hooks and magnets and
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`embedded into a recess in cover 100b of FIG. 15A. A POSITA would not be
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`motivated to embed a sub-device 300 into cover 100b without being able to readily
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`remove it.
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`Eleventh, although Kim teaches that hooks would be on the main device,, Ex.
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`1010, [0204, 0206], Samsung’s hindsight FIG. A. reconstruction requires hooks to
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`be installed on both the sub-device (to meet the “electronic device comprises …
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`recessed areas” element) and the main device (as one theory to meet the “lid is
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`recessed to configure to the electronic device” element). A POSITA would have no
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`12
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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`motivation to attempt such a redundant configuration, especially when magnets are
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`already being used per FIG. 15B, nor any reasonable expectation of success.
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`Twelfth, Samsung has no explanation for how one would implement its
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`suggested external hook arrangement, “not shown” in Kim, for latching an
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`embedded sub-device 300 into a recess in cover 100b in FIG. 15A. Kim teaches that
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`“a hook (not shown) may be provided at one side of the main device,” Ex. 1010,
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`[0204], not that hooks might somehow be used to secure a sub-device in a recessed
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`cavity. Neither Samsung nor Kim (Ex. 1010, [0206]) has any explanation for how
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`such embedded hooks would be secured or released for a recessed device. A
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`POSITA would have no motivation to attempt such a configuration nor any
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`reasonable expectation of success.
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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 ‘320 PATENT
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`A.
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`Overview of the Presently Relevant Disclosure of the ‘320
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`Patent
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`
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`13
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`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 ‘320 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 ‘320 patent. In certain preferred
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`embodiments such switching devices may be cleaning devices, but they need not
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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. 1001/21:34-364 (“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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`3 The ‘320 claims are directed to systems comprising portable switching devices and
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`portable electronic devices, and the ‘320 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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`4 Ex. 1001/21:34-36 refers to column 21, lines 34-36 of the ‘320 patent.
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`14
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`IPR2021-00338
`U.S. Patent No. 10,562,320
`as cell phones, smartphones, tablet computers and laptop computers. For example,
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`
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`the magnetic switching device 2401 in FIGs. 24 and 25,
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`,
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`comprising magnets 2504 activates, deactivates or hibernates tablet computer 2400.
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`Ex. 1001/18:6-10. Another example is the doll-shaped switching device in FIG. 26,
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`which is depicted as a switching device for a version of the iPad. Ex. 1001/5:57-59.
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`
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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. 1001/18:6-10 (“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. 1001/3:6-8. See,
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`15
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`IPR2021-00338
`U.S. Patent No. 10,562,320
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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. 1001/3:21-
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`25. Examples of depicted recesses include indention 302 in FIG. 3:
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`Ex. 1001/8:62-66, and recess 904 in FIG. 9.
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`U.S. Patent No. 10,562,320
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`1001/11:40-51. Aspects of disclosed embodiments further comprise switching
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`devices with beveled edges. Ex. 1001/18:62-67. 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. 1001/8:55-59; 19:9-
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`16.
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`Aspects of disclosed embodiments further comprise a switching device
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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. 1001/3:58-64; 16:16-
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`21.
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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. 1001/4:8-16.
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`Aspects of disclosed embodiments further comprise methods of conserving
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`U.S. Patent No. 10,562,320
`power when using a portable electronic device having a view screen and a switch
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`
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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. 1001/4:17-27.
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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. 1001/20:18-24.
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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. 1001/3:21-26.
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`Aspects of disclosed embodiments further comprise the case of the switching
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`device comprising a recess and/or functioning to protect an electronic device's
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`primary case. See, e.g., Ex. 1001/2:47-48; FIG. 5A:
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`B. Overview of ‘320 Claim 1.
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`
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`Claim 1 of the ‘320 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;
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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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`a first magnet is fully disposed within the electronic 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, bumps, raised shapes, and combinations thereof;
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`configured to correspond to complimentary surface elements on the
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`switching device;
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`the second case is decoupled from the first case by overcoming
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`magnetic force
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`the portable switching device is configured to activate, deactivate, or
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`send into hibernation the portable electronic device;
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`the electronic device plays, pauses and/or changes the volume of a
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`remote device;
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`the switching device includes a lid and hinge attaching the lid to the
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`switching device;
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`the lid is recessed to configure to the electronic device; and
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`when coupled, the first case functions to protect the second case.
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`C. It is Not Necessary for the Board to Determine an Effective Filing
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`Date to Make its Institution Decision.
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`Samsung asserts “that the challenged claims are not entitled to a priority date
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`earlier than November 3, 2011.” Pet., 7. However, it is not necessary for the Board
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`to determine an effective filing date for the challenged claims to make its institution
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`decision, because, as noted herein, Samsung has failed to satisfy its burden to
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`demonstrate that there is a reasonable likelihood that at least one of the claims
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`challenged in the petition is unpatentable. For purposes of this preliminary
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`response, Gwee assumes arguendo that the priority date of the ‘320 patent is
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`20
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`U.S. Patent No. 10,562,320
`November 3, 2011, as suggested by Samsung, but reserves the right to establish an
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`earlier priority date should trial be instituted.
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`III. OVERVIEW OF KIM
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`A.
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`Overview of the Presently Relevant Disclosure of Kim,
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`Kim discloses a “mobile terminal includ[ing] a sub-device that is attached
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`thereto or detached therefrom, to remotely control the operation and state of the
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`terminal.” Ex. 1010, Abstract, [0003], [0010]. Such mobile terminals may be
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`“mobile phones, user equipment, smart phones, DTV, computers, digital broadcast
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`terminals, personal digital assistants, portable multimedia players (PMP) and/or
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`navigators.” Ex. 1010, [0069]. See FIGs. 9, 14A-D. Embodiments of the mobile
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`terminal are implemented in a folder type (FIGs. 5, 10D, 11A-E, 15A), slide type
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`(see FIG. 12A-E), bar type (FIGs. 2A-B, 3A-B, 8, and 14A-D), rotational type (see
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`FIGs. 13A-D), and watch type (FIGs. 15A-C). Ex. 1010, [0124], Figs 2A-B, 3A-B,
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`5, 8, 10D, 11A-E, 12A-E, 14A-D, 15A, 13A-D, 15A-C.
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`FIG. 1 is a schematic diagram of mobile terminal 100 with wireless
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`communication unit 110, A/V input unit 120, user inputs unit 130, sensing unit 140,
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`output unit 150, memory 160, interface unit 170, controller 180, and/or power
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`supply unit 190. Ex. 1010, [0072], FIG. 1:
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`U.S. Patent No. 10,562,320
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`The main device, whose concept is compared with the sub-devices, refers to
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`the entire mobile terminal to which the sub-devices can be substantially coupled.
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`Ex. 1010, [0181]. Further, the main device refers to one of a plurality of bodies
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`constituting the mobile terminal which is coupled to the sub devices. Id.
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`The display 151 of a main device or sub-device displays information
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`processed by terminal 100. Id., [0096]. The display 151 may have a liquid crystal
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`display (LCD) or an organic light-emitting diode (OLED) display on its front or
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`
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`back side. Ex. 1010, [0097]. This display may be transparent OLED (TOLED) or
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`light-transmittive type. Ex. 1010, [0098]. Such TOLED displays are shown in
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`FIGs. 5 and 15A:
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`
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`Kim indicates that these displays are TOLED by depicting in 3D the insides of the
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`cover 100b with the TOLED displays 155/251. Ex. 1010, [0191], [0198]. Thus,
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`the TOLED displays of FIGs. 5 and 15A allow a user to have dual screens when
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`the folded structure is open, and to view the bottom display through the top
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`display when the folded structure is closed.
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`FIG. 3B is a front-view of a bar type mobile terminal embodiment with
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