TCT Mobile (US), Inc. et al.
`v.
`Fundamental Innovation Systems International LLC
`
`IPR2021‐00599
`U.S. Pat. No. 7,834,586
`
`Patent Owner Demonstrative Exhibits
`
`Paper 1 (Petition); 8 (Institution Decision); 17 (POR); 19 (Reply); 24 (Sur‐reply)
`
`DX 1.1
`
`
`v.
`Fundamental Innovation Systems International LLC
`
`IPR2021‐00599
`U.S. Pat. No. 7,834,586
`
`Patent Owner Demonstrative Exhibits
`
`Paper 1 (Petition); 8 (Institution Decision); 17 (POR); 19 (Reply); 24 (Sur‐reply)
`
`DX 1.1
`
`
`
`Grounds of Institution
`Click to edit Master title style
`
`Claims at Issue
`
`References
`
`Statutory Ground
`
`1‐2 and 8‐9
`
`Morita and the knowledge
`of a skilled artisan
`
`35 U.S.C. § 103(a)
`
`Paper 8 (Institution Decision) at 9
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.2
`
`
`
`Click to edit Master title style
`Independent Claims at Issue
`
`Apparatus Claims
`
`Method Claims
`
`1. A mobile device, the mobile device
`configurable for use in a wireless
`telecommunications network, comprising:
`a Universal Serial Bus (“USB) interface
`configured to allow reception of a USB cable;
`a charging subsystem, the charging subsystem
`operably connected to the USB interface V-bus
`power line;
`the charging subsystem operably connectable
`to a battery, and configured to charge a battery
`if a battery is operably connected;
`the charging system further configured to use
`power from the V-bus power line for the
`charging of a battery; and,
`where the mobile device is configured to
`detect an identification signal at a D+ and a D-
`data line of the USB interface, the
`identification signal being different than USB
`enumeration.
`
`8. A method of charging a battery in a mobile
`device, the mobile device configurable for use in a
`wireless telecommunications network, comprising:
`providing a Universal Serial Bus (“USB)
`interface con figured to allow reception of a
`USB cable, and, receiving power on a V-bus
`power line at the USB interface;
`providing an operable connection between the
`power received at the USB interface on the V-
`bus power line and a charging subsystem;
`having a battery in operable connection to the
`charging subsystem;
`providing power to the battery using the charger
`subsystem; and,
`detecting an identification signal at a D+ and a
`D- data line of the USB interface, the
`identification signal being different than USB
`enumeration.
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.3
`
`
`
`Click to edit Master title style
`
`Claim Construction
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Click to edit Master title style
`“Identification Signal”
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Paper 8 at 11
`
`DX 1.5
`
`
`
`Petitioner No Longer Asserts Its New Position On
`Click to edit Master title style
`“Identification Signal”
`
`Reply
`
`Paper 30
`
`Petitioner arguing:
`
`Petitioner stating:
`
`“claim 11 [allegedly] affirms that the
`‘power source type’ may just be that a
`charging connection is available, e.g.,
`like Kerai’s SE1 signal that identifies
`two data lines being available for
`power harvesting.”
`
`“A single signal can convey more than
`one attribute at the same time, such as
`both (1) power source type and that
`this type is (2) either that a charging
`connection is available, and/or that a
`device is not a USB host or hub.”
`
`Reply at 11
`
`Paper 30 at 3
`
`“Power source type” and “charging connection is available” are two
`different attributes. Thus, indicating “a charging connection is available”
`differs from identifying a power source type.
`
`Sur‐reply at 12‐13
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.6
`
`
`
`Click to edit Master title style
`
`Morita’s Operation
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Click to edit Master title style
`Problems to Be Solved by Morita
`
`•
`
`Increased number of USB hubs with increased number of external
`peripherals
`• Only one peripheral can be connected to a USB phone at a time, making it
`necessary to remove and reconnect peripheral devices
`• Limited battery life limiting the use time of mobile phone as a host
`• Connectors on cable tips not easily removable, making removal inconvenient
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.8
`
`EX1020, [0005]‐[0006], [0007], [0008], [0009]
`
`
`
`Click to edit Master title style
`Morita’s Solution
`
`PC
`
`External power supply
`
`USB ports for Peripheral
`devices
`
`Morita, Fig. 2
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.9
`
`
`
`Click to edit Master title style
`Morita Phone’s Two Modes of Operation
`
`First Mode: operating as a device
`
`Second Mode: Operating as a Host
`
`Morita, Fig. 3
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Morita, Fig. 4
`
`DX 1.10
`
`
`
`Morita’s Hub Is a Self‐Powered Hub
`Click to edit Master title style
`Ensuring 500mA of Current
`
`Demonstrative Exhibit‐ Not Evidence
`
`Ex2023, ¶¶ 89‐92, 119; USB 2.0 at 171 (a self‐powered hub “must
`supply at least five unit loads to each port”); Morita, p0014],
`[0016], POR 51‐54
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.11
`
`
`
`Click to edit Master title style
`Morita’s Videophone Serves as Host In Second Mode
`
`***
`
`Demonstrative Exhibit‐ Not Evidence
`
`Morita, [0018], [0019], [0022], POR at 20‐21, 34‐39 etc.
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.12
`
`
`
`Click to edit Master title style
`No Charge Only Mode in Morita
`
`PC
`
`Peripheral devices
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Morita, [0015]; see POR 44‐46
`
`DX 1.13
`
`
`
`USB Signaling Used to Send “Connection State” When
`Click to edit Master title style
`Mobile Phone Connects to the Charger
`
`TCT Expert
`Testimony
`
`EX2024(11/23/2021 Baker Tr.), 99:10‐20
`see also EX1026, ¶50; EX2023, ¶¶ 87, 104‐105;POR 44‐46
`
`Enumeration needed for USB signaling
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Morita, [0015]
`
`DX 1.14
`
`
`
`The Board: Morita Does Not Disclose or Suggest
`Click to edit Master title style
`Charge‐Only Mode
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`IPR2021‐00598, Paper 8 at 15
`DX 1.15
`
`
`
`The Board: Morita Does Not Disclose or Suggest
`Click to edit Master title style
`Charge‐Only Mode
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`IPR2021‐00598, Paper 8 at 15‐16
`
`DX 1.16
`
`
`
`The Petition Only Identified High‐Power Charging As
`Click to edit Master title style
`the Reason For Detecting the Identification Signal
`
`Improper
`new
`argument
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Reply at 18
`DX 1.17
`
`
`
`Click to edit Master title style
`The Challenged Claims Are Patentable
`• Petition’s sole reason for modification is sending SE1 to identify a
`high‐power port
`Pet. 45‐49 (why purportedly needing an identification signal),
`49‐55 (why allegedly SE1 in particular)
`– SE1 and USB communication/enumeration are “two things that are
`exclusive” of each other
`POR 4, 58‐59; see also Pet. 24 (“communications … are not possible”
`with SE1; POR31‐39 (SE1 would inhibit Morita from intended USB
`– No charge‐only mode in Morita
`communication)
`• Morita expressly discloses using phone as a host end when a PC host is absent
`Morita, [0015], [0018]‐[0019], [0021]‐[0022], POR 39‐46, sur‐reply 23‐25
`• USB communication needed to learn of attachment/detachment
`POR 46‐51
`• Phone host could already obtain hub power capability through normal USB
`protocols
`POR 56‐58,
`• No reason given for why SE1 if active USB communication is anticipated
`POR 31‐39, 61‐68; sur‐reply 15‐19, 21‐23, 27‐28
`• No evidence for the belated power saving argument
`Sur‐reply 19‐21, 25
`– SE1 not used as “signal to identify a power source type” in prior art
`POR 21‐24, 61‐63 (SE1 not used with USB communication), sur‐reply 4‐15, 25‐26
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.18
`
`
`
`Click to edit Master title style
`
`SE1 and USB Communication Incompatible
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Undisputed: SE1 Incompatible with USB
`Click to edit Master title style
`Communication/Enumeration
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`EX2024 at 87:25‐88:12 (cited on e.g., POR 4, sur‐reply 23
`Dem
`Demonstrative Exhibit – Not Evidence
`DX 1.20
`
`
`
`Dr. Baker Assumed Charge‐Only Mode Because Otherwise
`Click to edit Master title style
`Communication Would Be Possible & SE1 Not Needed
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`EX2024 at 91:2‐16 (cited on e.g., POR 4); see also 90:16‐91:1
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.21
`
`
`
`Dr. Baker Assumed Charge‐Only Mode Because Otherwise
`Click to edit Master title style
`Communication Would Be Possible & SE1 Not Needed
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.22
`
`EX2024 at 90:4‐12 (cited on e.g., POR 37)
`
`
`
`Click to edit Master title style
`Dr. Baker Used The Claim As A Roadmap
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.23
`
`EX2024 at 96:7‐15 (cited on e.g., POR 38‐39)
`
`
`
`Click to edit Master title style
`
`No Charge‐Only Mode
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Click to edit Master title style
`Morita’s Videophone Serves as Host In Second Mode
`
`***
`
`Demonstrative Exhibit‐ Not Evidence
`
`Morita, [0018], [0019], [0022], POR at 20‐21, 34‐39 etc.
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.25
`
`
`
`Normal USB Used to Send Connection State
`Click to edit Master title style
`from Charger to Mobile Device
`
`Morita’s Disclosure
`
`TCT Expert: “Connection State” Sent
`with Normal USB
`
`Note, when the connection is
`switched or when the
`mobile videophone device 100 is
`connected to the charger 110,
`the connection state due to the
`connection switching switch is sent
`to the mobile videophone device
`100, and operation settings in
`the USB connection are changed and
`correspondingly operated
`by the CPU 14 inside the mobile
`videophone device 100.
`
`Q: What kind of signal is sent on a
`charger to the mobile device when
`the connection is switched or when
`the mobile video device 100 is
`connected to the charger 110?
`TCT Counsel: Objection to form.
`A: USB signal if I understand correctly.
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.26
`
`Morita, [0015]
`
`EX2024, 99:10‐20 (cited on POR 45)
`
`
`
`Reply Admits That Morita’s Mobile Phone
`Click to edit Master title style
`Would Engage in USB Communications
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.27
`
`Reply 16
`
`
`
`Click to edit Master title style
`
`Host Enumerates Hub and Learns from
`Hub Attachment/Detachment Status of
`Peripheral Devices
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Undisputed: Morita’s Mobile Device Can Act
`Click to edit Master title style
`As a Host to Morita’s Charger
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.29
`
`EX2024 at 51:17‐25 (cited on e.g., POR 47)
`
`
`
`Click to edit Master title style
`A Host Enumerates A Hub In Order to Enumerate a Device
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.30
`
`EX2006 at 100 (cited on POR 48); see
`also USB 2.0 at 19, s4.6.1, 22, s4.8.2.1;
`USB 1.1 at 19, s4.6.1, 22, s4.8.2.1
`
`
`
`A Host Enumerates A Hub In Order to Learn Of Device
`Click to edit Master title style
`Attachment/Detachment
`
`Dr. Fernald’s
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`EX2023, ¶¶ 108‐109 (cited on POR 48)
`
`DX 1.31
`
`
`
`Morita’s Intended Operation
`Click to edit Master title style
`Inconsistent with Charge‐Only Mode
`
`Dr. Fernald’s
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`EX2023, ¶ 111 (cited on POR 48)
`Demonstrative Exhibit – Not Evidence
`
`DX 1.32
`
`
`
`Click to edit Master title style
`
`Normal USB Signaling for Host to Learn
`of Hub Power Capability
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`A USB Host Can Learn Of Hub Power Capability Through
`Click to edit Master title style
`Enumeration (Configuration)
`
`Ex2023, ¶ 120; USB 2.0 at 340‐341, Table 11‐12; USB 1.1 at 261‐
`62; Morita, p0014], [0016], POR 56‐58
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.34
`
`
`
`Dougherty: Charging a Laptop via a USB Port
`Click to edit Master title style
`without Using SE1
`
`• USB enumeration for handshaking
`• Shut down laptop VBUS power rail
`• Signaling over VBUS to ensure laptop can be
`charged at 18V
`
`EX1017 (discussed on e.g., POR 41‐42, 56‐57
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.35
`
`
`
`Click to edit Master title style
`
`Why Generating Identification Signal Is Relevant to
`the Patentability of the Challenged Claims
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Click to edit Master title style
`Independent Claims at Issue
`
`Apparatus Claims
`
`Method Claims
`
`1. A mobile device, the mobile device
`configurable for use in a wireless
`telecommunications network, comprising:
`a Universal Serial Bus (“USB) interface
`configured to allow reception of a USB cable;
`a charging subsystem, the charging subsystem
`operably connected to the USB interface V-bus
`power line;
`the charging subsystem operably connectable
`to a battery, and configured to charge a battery
`if a battery is operably connected;
`the charging system further configured to use
`power from the V-bus power line for the
`charging of a battery; and,
`where the mobile device is configured to
`detect an identification signal at a D+ and a
`D- data line of the USB interface, the
`identification signal being different than USB
`enumeration.
`
`8. A method of charging a battery in a mobile
`device, the mobile device configurable for use in a
`wireless telecommunications network, comprising:
`providing a Universal Serial Bus (“USB)
`interface con figured to allow reception of a
`USB cable, and, receiving power on a V-bus
`power line at the USB interface;
`providing an operable connection between the
`power received at the USB interface on the V-
`bus power line and a charging subsystem;
`having a battery in operable connection to the
`charging subsystem;
`providing power to the battery using the charger
`subsystem; and,
`detecting an identification signal at a D+ and a
`D- data line of the USB interface, the
`identification signal being different than USB
`enumeration.
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.37
`
`
`
`Click to edit Master title style
`Institution Decision
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Paper 8 at 21
`
`DX 1.38
`
`
`
`Undisputed: No Reason to Modify Morita to Detect
`Click to edit Master title style
`An Identification Signal That Was Not There
`
`TCT Expert
`Testimony
`
`EX2024 (11/23/2021 Baker Tr.) at 85:25‐86:8 (cited on e.g., POR 25‐26)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.39
`
`
`
`Generating Identification Signal Is Intertwined with
`Click to edit Master title style
`Detecting Identification Signal
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`EX2024 (11/23/2021 Baker Tr.) at 105:12‐22 (cited on e.g., POR 25‐26)
`Demonstrative Exhibit – Not Evidence
`DX 1.40
`
`
`
`Undisputed: No Reason to Modify Morita to Detect
`Click to edit Master title style
`An Identification Signal That Was Not There
`
`Dr. Fernald’s
`Testimony
`
`EX2023 (Fernald Decl.), ¶ 142 (cited on e.g., POR 26)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.41
`
`
`
`SE1 Generation Relevant: Petition’s Reason for SE1
`Click to edit Master title style
`Detection Predicated on Morita’s Charger Generating SE1
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.42
`
`Petition at 45‐46
`
`
`
`Click to edit Master title style
`
`“Identification Signal” Means “Signal
`that Identifies a Power Source Type”
`
`Paper 8 at 11
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Click to edit Master title style
`Institution Decision
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Paper 8 at 21
`
`DX 1.44
`
`
`
`Click to edit Master title style
`Independent Claims at Issue
`
`Apparatus Claims
`
`Method Claims
`
`8. A method of charging a battery in a mobile
`device, the mobile device configurable for use in a
`wireless telecommunications network, comprising:
`providing a Universal Serial Bus (“USB)
`interface con figured to allow reception of a
`USB cable, and, receiving power on a V-bus
`power line at the USB interface;
`providing an operable connection between the
`power received at the USB interface on the V-
`bus power line and a charging subsystem;
`having a battery in operable connection to the
`charging subsystem;
`providing power to the battery using the charger
`subsystem; and,
`detecting an identification signal [signal that
`identifies a power source type] at a D+ and a
`D- data line of the USB interface, the
`identification signal being different than USB
`enumeration.
`
`1. A mobile device, the mobile device
`configurable for use in a wireless
`telecommunications network, comprising:
`a Universal Serial Bus (“USB) interface
`configured to allow reception of a USB cable;
`a charging subsystem, the charging subsystem
`operably connected to the USB interface V-bus
`power line;
`the charging subsystem operably connectable
`to a battery, and configured to charge a battery
`if a battery is operably connected;
`the charging system further configured to use
`power from the V-bus power line for the
`charging of a battery; and,
`where the mobile device is configured to
`detect an identification signal [signal that
`identifies a power source type] at a D+ and a
`D- data line of the USB interface, the
`identification signal being different than USB
`enumeration.
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.45
`
`
`
`Click to edit Master title style
`The Claimed Identification Signal is for USB Charging
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`EX2024 (11/23/2021 Baker Tr.) at 112:8‐21 (cited on e.g., POR 29)
`Demonstrative Exhibit – Not Evidence
`DX 1.46
`
`
`
`Click to edit Master title style
`The Identification Signal is for USB Charging
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`EX2024 (11/23/2021 Baker Tr.) at 110:5‐17 (cited on e.g., POR 29)
`Demonstrative Exhibit – Not Evidence
`DX 1.47
`
`
`
`Identification Signal in ‘586 Patent Is for Identifying
`Click to edit Master title style
`Charging Power Source
`
`•
`
`•
`
`•
`
`“The identification subsystem 108 provides an identification signal to the
`mobile device 10 that the power source is not a USB limited source.”
`“When a USB adapter 100 is connected to a mobile device 10, the
`identification subsystem 108 of the USB adapter 100 preferably provides
`an identification signal to the mobile device 10 to notify the mobile
`device 10 that the device 10 is connected to a power source that is not
`subject to the power limits imposed by the USB specification.”
`“After recognizing a valid identification signal, the mobile device 10,
`draws power through the USB adapter 100 without waiting for
`enumeration or charge negotiation.”
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`EX1001, 8:15‐17, 8:62‐67, 9:3‐6; POR 15
`DX 1.48
`
`
`
`Identification Signal in ‘586 Patent Is for Identifying
`Click to edit Master title style
`Charging Power Source
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`EX1001, 9:26‐34, 9:35‐47; POR 15‐16
`
`DX 1.49
`
`
`
`The Petition Only Identified High‐Power Charging As
`Click to edit Master title style
`the Reason For Detecting the Identification Signal
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.50
`
`
`
`Petition at 45‐46Petition at 45‐46
`
`
`
`Click to edit Master title style
`Institution Decision
`
`• “Patent Owner does not dispute … that Morita’s
`videophone is configured to detect SE1.”
`
`Paper 8 at 21‐22
`
`Unintentional SE1 not a claimed identification signal
`that identifies a power source type
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`POR 64
`
`DX 1.51
`
`
`
`Click to edit Master title style
`Institution Decision
`
`•
`
`“Claim 1, however, does not recite ‘an identification signal for
`charging a battery and no communications,’ and Petitioner
`sufficiently demonstrates on this record that Casebolt uses an
`SE1 condition as an identification signal. Ex. 1013, 7:31–34
`(Casebolt explaining that its controller ‘looks for I/O state 3 in
`Table 1 (or the SE1 condition) on signal lines 158 and 160,’ which
`identifies ‘the presence of a PS2 interface.’). Patent Owner
`attempts to distinguish Casebolt as ‘having nothing to do with
`charging’ (Prelim. Resp. 55–56), but this does not undercut
`Petitioner’s showing at this stage of the proceeding that at least
`Casebolt discloses using SE1 as an identification signal.”
`
`Paper 8 at 21‐22
`
`• Petition does not assert that Casebolt discloses a signal identifying
`a power source type
`• Morita’s USB phone neither inherently nor likely detected PS/2
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Pet. 29‐30, 52; POR 7, 61; sur‐reply 3‐6
`
`DX 1.52
`
`
`
`The Petition Does Not Assert That the Prior Art Used
`Click to edit Master title style
`SE1 as a “Signal that Identifies a Power Source Type”
`
`Pet. 52
`
`No assertion that SE1 is used as a “signal that identifies a power source type”
`
`Demonstrative Exhibit‐ Not Evidence
`
`“identification signal”
`Paper 8 at 11
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.53
`
`
`
`Petitioners’ Expert Denied That ‘586 Patent’s
`Click to edit Master title style
`“Identification Signal” Relates To Identifying PS/2
`
`TCT Expert
`Testimony
`
`EX2024 (11/23/2021 Baker Tr.) at 66:6‐10 (cited on e.g., POR 7; Sur‐reply 2, 4)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.54
`
`
`
`Click to edit Master title style
`
`Morita Does Not Detect SE1 as “Signal
`that Identifies a Power Source Type” or
`Indicative of PS/2
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`Casebolt Involved A Dual Protocol Device
`Click to edit Master title style
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`EX1013, 2:49‐59 (sur‐reply 2)
`DX 1.56
`
`
`
`Casebolt’s Detection Circuitry Generally Not Present
`Click to edit Master title style
`In A Peripheral Device
`
`Cypress
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`EX2025 (4/4/20202 Baker Tr.) at 184:20‐185:13 (cited on e.g. sur‐reply 5)
`
`DX 1.57
`
`
`
`No Evidence That Morita’s Phone Had Casebolt’s
`Click to edit Master title style
`Detection Circuitry
`
`TCT Expert
`Testimony
`
`EX2025 (4/4/20202 Baker Tr.) at 192:24‐193:2 (cited on e.g. sur‐reply 2, 6)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.58
`
`
`
`Morita’s Phone Does Not Inherently or Even Likely
`Click to edit Master title style
`Have A PS/2 Interface
`
`TCT Expert
`Testimony
`
`EX2025 (4/4/20202 Baker Tr.) at 150:21‐151:3 (cited on e.g. sur‐reply 2, 6)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.59
`
`
`
`Click to edit Master title style
`No Reason To Modify Morita to Detect PS/2
`
`TCT Expert
`Testimony
`
`EX2024 (11/23/2021 Baker Tr.) at 125:7‐10 (cited on e.g. sur‐reply 2, 6)
`
`EX2025 (4/4/20202 Baker Tr.) at 198:3‐4 (cited on e.g. sur‐reply 2, 6)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.60
`
`
`
`No Reason to Modify Morita to Detect PS/2:
`Click to edit Master title style
`Unpredictable What Would Happen If a USB Device Detects a PS/2 Interface
`
`TCT Expert
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.61
`
`EX2025 (4/4/20202 Baker Tr.) at 189:7‐17 (cited on e.g. sur‐reply 5)
`
`
`
`TCT Did Not Assert in District Court that Casebolt or
`Click to edit Master title style
`Cypress Disclosed a Claimed Identification Signal
`
`TCT Expert
`Testimony
`
`EX2025 (4/4/20202 Baker Tr.) at 46:20‐47:3 (cited on e.g. sur‐reply 1 n.2)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.62
`
`
`
`Click to edit Master title style
`
`Other “SE1” References Do Not
`Disclose Claimed Identification Signal
`• Kerai
`• Zyskowski
`• Shiga
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`The Petition Does Not Assert That Kerai’s Signal
`Click to edit Master title style
`Identified Any State
`
`Pet. 52; see also Pet. 2 (“[I]t was also known to use the SE1 signal in
`various contexts, including to identify a wake‐up condition, identify a
`full power state, and identify the presence of a PS/2 adapter.”).
`
`Detecting whether one data line or both data lines is available for power
`harvesting provides no information on the type of power source
`Sur‐reply at 12
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Demonstrative Exhibit‐ Not Evidence
`
`DX 1.64
`
`
`
`Kerai Is Indifferent to Power Source Type
`Click to edit Master title style
`
`Ex. 1010 at 3:66‐67 (cited on sur‐reply 12)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Cf. Ex. 1021 at 233:11‐20 (if needed)
`
`DX 1.65
`
`
`
`Kerai Does Not Disclose SE1 Because SE1 Is Not a “Well
`Click to edit Master title style
`Known” State for Inactive USB Connection
`
`Kerai’s Disclosure
`
`USB Specification
`
`“As is well‐known, the data lines of
`a serial connection are held high
`when the connection is inactive and
`will vary between a high and low
`state whilst communication over the
`ports take place.”
`
`“Low‐speed and full‐speed USB
`drivers must never “intentionally”
`generate an SE1 on the bus. SE1
`is a state in which both the D+
`and D‐ lines are at a voltage above
`VOSE1 (min), which is 0.8 V.”
`
`Pet. 51 (citing Kerai, 5:45‐48)*
`
`EX1009 (USB 2.0) at 123 (PDF p. 151)
`(discussed on sur‐reply 6‐7)
`
`*Note: Petitioners inserted “(D+ and D‐ in the USB
`interface)” after “a serial connection” in their
`quotation to give the false impression that Kerai
`associated the statement with USB.
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.66
`
`
`
`Click to edit Master title style
`USB Disabled or Disconnected State Does Not Involve SE1
`
`TCT Expert’s Testimony
`
`Q: And in HiZ, does that mean both pull‐up resistors
`on the D+ and D‐ lines are pulled high or only one of
`them is pulled high?
`
`TCT counsel: Objection to scope.
`
`A: You can't have two pull‐up resistors because that
`would ‐‐ in the general USB spec, it's only one that
`would indicate either a full‐speed or a low‐speed port.
`
`Q: Okay. So in a disabled port, only one of the data
`lines is high; the other one is low generally?
`
`A: Yes.
`
`USB 2.0 at 310 (PDF 338) (cited on sur‐reply 8)
`
`Demonstrative Exhibit‐ Not Evidence
`
`EX2025 at 148:22‐149:9; EX1009 at 310; see also EX2025 at 149:22‐25 (“Q: So
`… in USB 1.1, only one of the data line[s] is pulled high in the disabled state;
`Dem
`correct: A: I believe that’s the case”) (cited on sur‐reply 7‐8)
`Demonstrative Exhibit – Not Evidence
`
`DX 1.67
`
`
`
`Click to edit Master title style
`USB Idle State Does Not Involve SE1
`
`TCT Expert’s Testimony
`
`USB 2.0, Fig. 7‐30
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.68
`
`EX2025 at 80:4‐15 (cited on sur‐reply 9‐10)
`
`
`
`Click to edit Master title style
`USB Idle State Does Not Involve SE1
`
`Demonstrative Exhibit‐ Not Evidence
`
`EX1009 (USB 2.0) at 152 (PDF p. 180), 178‐79 (PDF p. 206‐07)
`(discussed on sur‐reply 9‐10)
`Dem
`Demonstrative Exhibit – Not Evidence
`DX 1.69
`
`
`
`Click to edit Master title style
`Only One Line High In Idle State
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.70
`
`EX1025, 78:16‐25 (discussed on sur‐reply 10)
`
`
`
`Click to edit Master title style
`USB Idle State Does Not Involve SE1
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.71
`
`EX1025, 78:2‐15 (discussed on sur‐reply 10)
`
`
`
`The Board Previously Found
`Click to edit Master title style
`That Kerai Does Not Disclose SE1
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.72
`
`IPR2021‐00395, Paper 8 at 25‐26 (cited on sur‐reply 2)
`
`
`
`With Inactive Connection,
`Click to edit Master title style
`High Data Line’s Voltage Comes from Device’s Vterm
`
`TCT
`Expert’s
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`EX2025 at 83:5‐12 (misquoted as 73:5‐12 on sur‐reply 10);
`see also 122:11‐23
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.73
`
`
`
`With Inactive Connection, USB Data Lines’ Voltages Come
`Click to edit Master title style
`from Vterm with Little Current Available for Charging
`
`TCT Expert’s
`Testimony
`
`Demonstrative Exhibit‐ Not Evidence
`
`0.084% of 500mA
`Dem
`Sur‐reply 10, 12; EX2025 (4/4/2022 Baker Tr. at 127:5‐11)
`Demonstrative Exhibit – Not Evidence
`
`DX 1.74
`
`
`
`Current Available In USB Inactive States Is Insignificant:
`Click to edit Master title style
`No Reason To Modify Morita in Light of Kerai
`
`USB 2.0 at 178 (PDF p. 206) (cited on sur‐reply 10)
`
`Dr.
`Fernald:
`
`Demonstrative Exhibit‐ Not Evidence
`
`“Even 2.5 mA of current would not provide sufficient power
`to maintain the minimal power demand for a typical USB
`mobile device and provide meaningful amounts of current to
`charge a battery in a mobile device.”
`Dem
`Demonstrative Exhibit – Not Evidence
`
`Ex. 2023 (Fernald Decl.), ¶ 50
`
`DX 1.75
`
`
`
`Click to edit Master title style
`Active Drivers Needed for Meaningful Current Supply
`
`TCT Expert’s
`Testimony
`
`EX2025 at 127:12‐22 (cited on sur‐reply 11); compare Kerai, 5:37‐40
`(tens of mA from data line power harvesting)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.76
`
`
`
`Click to edit Master title style
`No Active Drivers In HiZ State
`
`TCT Expert’s Testimony
`
`Q: In the last session, we discussed disabled port
`and the HiZ, or high‐impedance state. I just want to
`clarify that in ‐‐ in a high‐impedance state, there
`are no active drivers; is that correct?
`
`A: Yes.
`
`EX2025 at 157:21‐158:1(cited on sur‐reply 7)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.77
`
`
`
`Click to edit Master title style
`In HiZ State, Vterm is the Voltage/Power Source
`
`TCT Expert’s Testimony
`
`Q: And in ‐‐ so in high‐impedance
`state, the only voltage source for the ‐‐
`the data line is terminating voltage
`source that we discussed earlier; is
`that correct?
`
`A: If the device is following USB
`specification and we're talking about
`data lines, yes.
`
`EX2025 at 158:2‐8 (cited on sur‐reply 7)
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.78
`
`
`
`Vterm , Voltage Source for Inactive Connection, Comes from
`Click to edit Master title style
`the Phone, Not the Laptop
`
`TCT Expert’s
`Testimony
`
`Sur‐reply 12 n.6; EX2025 (4/4/2022 Baker Tr.) at 105:2‐106:1
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.79
`
`
`
`Click to edit Master title style
`
`Other “SE1” References Do Not
`Disclose Claimed Identification Signal
`• Kerai
`• Zyskowski
`• Shiga
`
`Demonstrative Exhibit – Not Evidence
`
`
`
`The Board Previously Found
`Click to edit Master title style
`That Zyskowski Does Not Disclose SE1
`
`Demonstrative Exhibit‐ Not Evidence
`
`Dem
`IPR2021‐00395, Paper 8 at 25‐26 (cited on sur‐reply 2)
`Demonstrative Exhibit – Not Evidence
`DX 1.81
`
`
`
`Click to edit Master title style
`Zyskowski Does Not Contemplate Deviating from USB Specification
`
`Dr. Fernald’s
`Testimony
`
`•
`
`•
`
`“The statement that ‘[w]hen the host 104 is in a full power state,
`data lines D1 and D2 may be raised to a predefined DC voltage
`level’ thus does not indicate to a person of ordinary skill in the art
`that both of D+ and D‐ are “high” simultaneously (i.e., an SE1
`state). Nor would it, because such a state would be invalid and
`contrary to the stated need[] for normal operation and USB
`communication.”
`“Zyskowski also does not suggest that the host should
`intentionally generate an SE1 signal or otherwise deviate from
`normal USB operation. Indeed, Zyskowski uses a dedicated, non‐
`USB signaling line—Pon—to wake the host up from a reduced
`power state when the host is not conducting normal USB
`communication. Id., [0019], [0027].” (unrebutted)
`
`EX2023, paragraphs 56‐57 (cited on POR 23); see also EX1021, 146:14‐18
`(“Zyskowski states explicitly that he is compliant with the USB specification and
`protocols, and [SE1 is] simply not allowed.”) (cited on sur‐reply 113), compare
`EX1026 (Baker supplemental Decl.), ¶¶ 27‐31 (not addressing para. 57).
`Dem
`Demonstrative Exhibit – Not Evidence
`
`DX 1.82
`
`Demonstrative Exhibit‐ Not Evidence
`
`
`
`Zyskowski Does Not Disclose SE1: Both Data Lines Monitored To Know
`Click to edit Master title style
`Whether Either Is High
`
`Zyskowski’s
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