`571-272-7822
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`Paper 19
`Entered: December 23, 2021
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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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`BANK OF AMERICA, N.A.,
`Petitioner,
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`v.
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`NANT HOLDINGS IP, LLC,
`Patent Owner.
`
`
`IPR2021-01080
`Patent 8,463,030 B2
`
`
`
`
`Before JAMESON LEE, THOMAS L. GIANNETTI, and
`STEPHEN E. BELISLE, Administrative Patent Judges.
`GIANNETTI, Administrative Patent Judge.
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`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`IPR2021-01080
`Patent 8,463,030 B2
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`I. BACKGROUND
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`In our Institution Decision (Paper 14), we adopted the district court’s
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`construction for the “recognize” limitation appearing in all challenged
`claims. Id. at 10. Thus, for the purpose of our Institution Decision, we
`construed the “recognize” limitation in the challenged claims of the
`’030 patent as “recognize the object as a target object based on the acquired
`data by comparing the acquired data to image data of objects stored in a
`database.” Id.
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`Recently, we were advised that the district court has granted
`Petitioner’s request and entered an order clarifying the construction of the
`term “recognize.” With our authorization, Petitioner submitted that order as
`Exhibit 1042.
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`The district court’s order revises the construction for the
`“recognizing” claim terms in the ’030 patent to include the phrase “to find a
`match” at the end of the construction. Id. at 2.1 Thus, the district court
`construes the term “recognize the object as a target object based on the
`acquired data” in the claims of the ’030 patent as “recognize the object as a
`target object based on the acquired data by comparing the acquired data to
`image data of objects stored in a data base to find a match.” Id. We agree
`with the district court’s clarification and therefore conclude that the
`recognize limitation should be given the same construction as that
`determined by the district court.
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`In our analysis of the cited references in our Institution Decision, we
`applied the construction for “recognize” originally adopted by the district
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`1 Citations to this exhibit refer to page numbers assigned by Petitioner.
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`2
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`IPR2021-01080
`Patent 8,463,030 B2
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`court. Paper 14, 22. However, in describing the Bolle reference, we
`observed that “Bolle further describes comparison/matching of the target
`characterization to the reference characterizations that is performed
`according to one or more matching algorithms, such as a nearest neighbor
`classification.” Id. at 15. And in addressing Patent Owner’s argument that
`Ogasawara fails to disclose matching, we observed that “[a]s discussed
`supra, Petitioner relies on Bolle for its teachings of object recognition and
`matching stored images in a database.” Id. at 26 (citing Pet. 24 (“Bolle uses
`image segmentation technology in conjunction with object recognition
`techniques and a database that stores image characteristics of reference
`objects to match the object in the captured image with a reference object.”)).
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`Thus, our analysis in the Institution Decision would be the same under
`the district court’s original or revised constructions of the “recognize”
`limitation.
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`II. ORDER
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`It is, therefore,
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`ORDERED that we hereby adopt the district court’s revised
`construction of “recognize the object as a target object based on the acquired
`data” in the claims of the ’030 patent as “recognize the object as a target
`object based on the acquired data by comparing the acquired data to image
`data of objects stored in a data base to find a match;” and
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`FURTHER ORDERED that the analysis of this limitation in our
`Institution Decision (Paper 14) is applicable under either construction.
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`IPR2021-01080
`Patent 8,463,030 B2
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`FOR PETITIONER:
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`Dustin J. Edwards
`Michael A. Tomasulo
`WINSTON & STRAWN LLP
`dedwards@winston.com
`mtomasulo@winston.com
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`FOR PATENT OWNER:
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`James M. Glass
`Todd M. Briggs
`QUINN EMANUEL URQUHART
`& SULLIVAN LLP
`jimglass@quinnemanuel.com
`toddbriggs@quinnemanuel.com
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