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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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`ERICSSON INC.,
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`Petitioner,
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`v.
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`KONINKLIJKE KPN N.V.,
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`Patent Owner
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`Case No. IPR2022-00079
`U.S. Patent No. RE48,089
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`PATENT OWNER RESPONSE
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`Case IPR2022-00079
`U.S. Patent No. RE48,089
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`Table of Contents
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`I.
`
`II.
`
`3.
`
`INTRODUCTION ........................................................................................... 6
`A.
`Technical Background ........................................................................... 6
`B.
`U.S. Patent No. RE48,089 ..................................................................... 7
`C.
`References Relied Upon in the Petition and Proposed Grounds
`for Unpatentability ................................................................................ 9
`1.
`Overview of the References ........................................................ 9
`2. WO Pub. No. 2010/034157 A1 of Olofsson et al.
`(“Olofsson”) (Ex. 1006) ............................................................ 10
`U.S. Patent Pub. No. 2009/0181664 A1 of Kuruvilla et
`al. (“Kuruvilla”) (Ex. 1007) ...................................................... 11
`Proposed ground of unpatentability .................................................... 11
`D.
`CLAIM CONSTRUCTION .......................................................................... 12
`A.
`Claim Construction Standard .............................................................. 12
`B.
`Claims 1, 11, 13, and 15 (Preambles): “first and second wireless
`networks capable of providing services to a plurality of
`terminals” ............................................................................................ 12
`Claim 1: “information collector”: “select,” “instruct,” “obtain,”
`and “provide” ...................................................................................... 14
`Claim 1: the “coverage estimator” must be configured to
`“obtain measurement information from the information
`collector” ............................................................................................. 16
`Dependent Claims 3, 4, and 5 ............................................................. 17
`E.
`Independent Claims 11, 13, and 15 ..................................................... 18
`F.
`G. District Court Claim Construction ...................................................... 21
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`C.
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`D.
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`2.
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`3.
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`4.
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`5.
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`Case IPR2022-00079
`U.S. Patent No. RE48,089
`III. THE PETITION DOES NOT ESTABLISH BY A PREPONDERANCE OF
`THE EVIDENCE THAT ANY OF CLAIMS 1-5, 11, AND 13-15 OF THE ’089
`PATENT IS UNPATENTABLE ............................................................................. 21
`A. Ground 1 should be denied for failure to establish by a
`preponderance of the evidence that Olofsson and Kuruvilla
`render Claims 1-5, 11, and 13-15 unpatentable .................................. 21
`1.
`Claim 1 (preamble): the cited references do not disclose
`or suggest “first and second wireless networks capable of
`providing services to a plurality of terminals” ......................... 21
`Claim 1 (preamble): No motivation to combine the
`teachings of Olofsson and Kuruvilla to obtain “first and
`second wireless networks capable of providing services
`to a plurality of terminals” ........................................................ 25
`Claims 1(a)(i)-(iv): Olofsson and Kuruvilla, alone or in
`combination, fail to disclose or suggest the required
`“information collector” ............................................................. 26
`No motivation to combine Olofsson and Kuruvilla to
`achieve the required “information collector” ............................ 35
`Neither Olofsson, nor Kuruvilla, nor their combination
`disclose or suggest a “coverage estimator” configured to
`“obtain the measurement information from the
`information collector” ............................................................... 37
`No motivation to combine Olofsson and Kuruvilla to
`achieve a coverage estimator configured to “obtain the
`measurement information from the information collector” ...... 39
`Claim 2: Neither Olofsson, nor Kuruvilla, nor their
`combination disclose or suggest a “trigger configured for
`triggering the information collector to select the one or
`more terminals” ......................................................................... 40
`Claim 3: Neither Olofsson, nor Kuruvilla, nor their
`combination disclose or suggest “obtain location
`information… prior to selecting the one or more
`terminals” .................................................................................. 42
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`6.
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`7.
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`8.
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`Claim 4: Neither Olofsson, nor Kuruvilla, nor their
`combination disclose or suggest “associate the location
`information with… the selected one or more terminals
`and provide the location information associated with” the
`“selected one or more terminals to the coverage
`estimator” .................................................................................. 44
`10. Claims 11, 13, and 15 ............................................................... 47
`11. Dependent Claims 5 and 14 ...................................................... 48
`IV. CONCLUSION .............................................................................................. 48
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`Table of Authorities
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`Cases
`Ecolab, Inc. v. Paraclipse, Inc., 285 F.3d 1362 (Fed. Cir. 2002) ..................... 18, 47
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`Guangdong Alison Hi-Tech Co. v. Int’l Trade Comm’n, 936 F.3d 1353 (Fed. Cir.
`2019) .................................................................................................................... 28
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`In re Fought, 941 F.3d 1175 (Fed. Cir. Nov. 4, 2019) ............................................ 12
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`On Demand Mach. Corp. v. Ingram Indus., Inc., 442 F.3d 1331 (Fed. Cir. 2006) . 13
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`Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) ......................................... 12
`
`Rules
`37 C.F.R. § 42.24 ..................................................................................................... 50
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`37 C.F.R. § 42.24(b)(1) ............................................................................................ 50
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`37 C.F.R. §§ 42.6(e) ................................................................................................. 51
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`I.
`
`INTRODUCTION
`Patent Owner Koninklijke KPN N.V. (“Patent Owner” or “KPN”)
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`respectfully submits this Patent Owner Response.
`
`A. Technical Background
`The biggest advantage of wireless/mobile networks is that they provide
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`wireless connectivity to their subscribers. Transmitting information using radio
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`waves significantly reduces the cost of developing and maintaining an access
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`network by eliminating the need for laying out cables to each individual subscriber,
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`but also introduces some challenges, especially related to designing a network with
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`good radio coverage that would provide sufficient quality of service for its
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`wireless/mobile subscribers. Ex. 2008 at ¶18.
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`Network coverage in mobile networks is achieved by positioning wireless
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`network access points throughout the desired coverage area. The radio coverage of
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`an access point (also called a base station) forms a “radio cell” or “cell” where
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`neighboring cells usually use different sets of frequencies to avoid interference. Ex.
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`2008 at ¶19.
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`The specific location, the transmission power, and the set of frequencies to
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`be used in each base station is carefully selected during the radio planning phase,
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`where radio planners heavily rely on mathematical radio propagation models that
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`consider the local geographic terrain and the potential interference from
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`neighboring cells to design a network of access points (or radio cells) that would
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`provide an uninterrupted and sufficient radio coverage across the entire radio
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`coverage area. Ex. 2008 at ¶20.
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`Sometimes the position of some base stations, or the selected radio
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`parameters during the planning phase, are not optimal. This can be because of
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`factors that were not considered during planning, or simply because the
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`mathematical models used for designing the radio coverage, even though fairly
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`accurate, are not perfect. In other cases, the circumstances in some geographical
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`areas may have changed after the network has been initially designed and put into
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`operation (for example, a new building has been built). This may result in poor
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`network coverage in some areas insufficient to provide a required quality of
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`service. An objective of every network operator is to constantly monitor the quality
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`of their wireless/mobile networks by regularly assessing and improving the radio
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`coverage. Ex. 2008 at ¶21.
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`B. U.S. Patent No. RE48,089
`The ’089 Patent discloses a method and system for automatic coverage
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`assessment in wireless access networks. In exemplary embodiments, the technique
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`assesses the coverage of a wireless access network within a specific area of interest
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`using the resources of another, “cooperating” wireless network, which also
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`provides coverage in the same area. See Ex. 1001 at FIG. 3; Ex. 2008 at ¶22. The
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`first and second networks are both operational wireless access networks, capable of
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`providing services to subscribers. See Ex.1001, 2:18-24; Ex. 2008 at ¶23.
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`The ’089 Patent describes that a set of mobile terminals are connected to the
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`first wireless network. An “information collector” selects a subset of mobile
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`terminals based on their specific location that matches the desired area of
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`assessment of coverage for the second wireless network and instructs them to
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`perform measurements on parameters of the radio signals of the second wireless
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`network. The selected terminals can communicate with both the first and second
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`networks. See Ex.1001, 7:55-8:11; 8:34-64; Ex. 2008 at ¶25.
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`The information collector then obtains the measurement information from
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`the selected terminals, which can, for example, include their updated location at the
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`time when the measurement was concluded, and forwards the obtained
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`measurement information to a “coverage estimator,” which uses it to generate the
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`coverage assessment (in the form of, e.g., a coverage map), of the second wireless
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`access network for the respective area of interest. See Ex.1001, 9:40-10:20; Ex.
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`2008 at ¶26.
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`The coverage assessment system described in embodiments of the ’089
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`Patent therefore consists of distinct network elements, which are in cooperating
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`first and second wireless access networks and use the resources of the well-
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`established first wireless network. This allows obtaining an accurate and complete
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`coverage assessment of the second wireless network based on measurements
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`performed by user terminals in real-life operating conditions. Based on the
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`coverage assessment, the network operators of the second network may optimize
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`their overall network by, for example, installing new base stations or adjusting the
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`radio parameters of their existing base stations. See Ex. 2008 at ¶27.
`
`C. References Relied Upon in the Petition and Proposed Grounds for
`Unpatentability
`1. Overview of the References
`Petitioner relies on the combination of two references – WO Pub. No.
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`2010/034157 A1 (“Olofsson,” Ex. 1006) and U.S. Patent Pub. No. 2009/0181664
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`A1 (“Kuruvilla,” Ex. 1007) – to demonstrate that the invention disclosed in the
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`’089 Patent was well known to a person of ordinary skill in the art at the time of
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`filing the patent.
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`Even though both Olofsson and Kuruvilla teach arrangements aiming at
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`analyzing and potentially improving the operation of wireless access networks,
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`Olofsson and Kuruvilla, alone or in combination, fail to disclose or suggest the
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`challenged Claims 1-5, 11, and 13-15 of the ’089 Patent. Neither Olofsson, nor
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`Kuruvilla, nor a combination of the two teach a coverage assessment system,
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`mobile user terminal, or network node as in the challenged claims of the ’089
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`Patent in which distinct network elements perform the operations of the claimed
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`“information collector” and “coverage estimator” and corresponding elements of
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`Claims 1, 11, 13, and 15 of the ’089 Patent, nor of features of their dependent
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`claims discussed below.
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`2. WO Pub. No. 2010/034157 A1 of Olofsson et al.
`(“Olofsson”) (Ex. 1006)
`Olofsson discloses interactions between an originating network and a target
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`network where a user equipment (UE) connected to the originating network is
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`required to establish a communication channel to the target network, and the target
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`network provides test signals to the user equipment to be used by the user
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`equipment to generate measurement reports. The measurement reports generated
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`by the user equipment are then sent from the user equipment to a test evaluation
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`server (TES) in the target network for evaluation. See Ex. 1006 at Fig. 1 (step 13)
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`and Fig. 5 (item 56); Ex. 2008 at ¶31.
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`Olofsson proposes that prior to opening a communications system for public
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`use and commercial services, instead of relying on its own measurements, a
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`wireless service provider can use the interactions of two different communication
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`systems such that signaling or measurement triggering is provided over one
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`communication system (an originating network – see Fig.1 of Olofsson, step 12)
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`while measurements are performed on another (a target network – see Fig.1 of
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`Olofsson, step 13). See Ex.1006, 4:22-25; Ex. 2008 at ¶33.
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`3.
`U.S. Patent Pub. No. 2009/0181664 A1 of Kuruvilla et al.
`(“Kuruvilla”) (Ex. 1007)
`Kuruvilla discloses a system and method for identifying geographical areas
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`which may have poor radio coverage. If a predefined event is detected at a mobile
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`terminal (for example, a dropped call, increase of the power transmission, or weak
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`signal), the respective mobile unit that experienced the event is instructed by the
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`network provider to perform measurement of the radio signal, and a radio
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`administrator may gather this information in order to correct the coverage in the
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`respective area. See Ex.1007 at [0033]; Ex. 2008 at ¶36. The “data collection
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`module” in Kuruvilla is only used to collect measurement data when an event
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`occurs, which triggers the network to request measurement. See Ex.1007 at [0036],
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`[0037]; Ex. 2008 at ¶37. The data received in the data collection module is
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`forwarded to a post processing network element that includes a post processing
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`module, which is configured to record and store the data and organize it into a
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`report. This report allows a network administrator to know where the mobile units
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`were located during the time when the trigger was activated. See Ex.1007 at
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`[0039], [0040]; Ex. 2008 at ¶38.
`
`D.
`’089 Patent
`Claims
`1-5, 11, 13-
`15
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`Ground
`1
`
`Proposed ground of unpatentability
`Primary
`Secondary
`Reference
`Reference
`Olofsson
`Kuruvilla
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`Type of Challenge
`pre-AIA 35 U.S.C.
`§103
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`II. CLAIM CONSTRUCTION
`A. Claim Construction Standard
`In an inter partes review proceeding, claim terms are construed according to
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`the same claim construction standard used in district courts as articulated in
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`Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc).
`
`B. Claims 1, 11, 13, and 15 (Preambles): “first and second wireless
`networks capable of providing services to a plurality of terminals”
`The ’089 Patent uses the phrase “first and second wireless networks capable
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`of providing services to a plurality of terminals” in the preamble of each
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`challenged independent claim. See Ex. 1001, 11:48-50; 13:14-16; 14:27-29; 14:53-
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`55. It is clear from the patent that each use of the term in the preamble is limiting,
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`and should be construed as requiring a system, mobile user terminal, or network
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`node for a telecommunications infrastructure comprising first and second wireless
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`access networks, which are both operational and capable of providing services to a
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`plurality of terminals.
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`First, that claim phrase serves as an antecedent basis for claim elements and
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`therefore is limiting. See, e.g., In re Fought, 941 F.3d 1175, 1178 (Fed. Cir. Nov.
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`4, 2019). Specifically, independent Claims 1, 11, 13, and 15 refer to the “first
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`wireless access network” and “second wireless access network,” which refer to the
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`use of those terms in the preambles of those claims. See Ex. 1001 at 11:56-57;
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`13:33-34; 14:33-34; 14:66-67.
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`Furthermore, the term “first and second wireless networks capable of
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`providing services to a plurality of terminals” is a “necessary and defining aspect
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`of the invention,” and thus the preamble is limiting. On Demand Mach. Corp. v.
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`Ingram Indus., Inc., 442 F.3d 1331, 1343 (Fed. Cir. 2006).. This follows from the
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`plain language of the term “providing services” in that phrase in the preambles of
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`the claims, as well as from the context given in the specification of the ’089 Patent.
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`In the specification, the mobile terminals can, for example, be associated with
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`either the first or the second network, and at least a part of them can, for example,
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`communicate with both networks. See Ex. 1001 at 6:40-48; Ex. 2008 at ¶42. The
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`’089 Patent further explains that the invention is applicable in “areas where several
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`wireless access networks are cooperating, for example in terms of inter-RAT
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`handover and/or cell reselection,” which implies that both wireless access systems
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`are operational, and importantly, that they are both open for “providing services”
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`to mobile subscribers (as recited in the preamble of Claims 1, 11, 13, and 15),
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`because mechanisms such as “handover” or “cell reselection” are supported only if
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`mobile terminals can switch service from one network to another. See Ex. 1001 at
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`6:45-48; Ex. 2008 at ¶42.
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`Therefore, the term “first and second wireless networks capable of providing
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`services to a plurality of terminals” in Claims 1, 11, 13, and 15 is a “necessary and
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`defining aspect of the invention” and consequently limits the claims, and should be
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`construed as requiring a system, mobile user terminal, or network node for a
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`telecommunications infrastructure comprising first and second wireless access
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`networks1, which are both operational and capable of providing services to a
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`plurality of terminals.
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`C. Claim 1: “information collector”: “select,” “instruct,” “obtain,”
`and “provide”
`Claim 1 recites “an information collector” in element 1[a]. See Ex. 1010 at 1
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`(claim elements as labeled in Ex. 1010). This “information collector” must be
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`configured to perform all four of the following actions: “select one or more
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`terminals,” “instruct the selected one or more terminals,” “obtain measurement
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`information… measured… by the selected one or more terminals,” and “provide
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`the measurement information to the coverage estimator.” See id. at 1[a][i]-1[a][iv].
`
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`1 Patent Owner notes that different cells can, for example, constitute the first and
`second wireless access networks. See Ex. 2008 at ¶42; Ex. 1001 at 3:14-23 (“In
`various embodiments, the first and second wireless access network respectively
`may for example include, respectively, a first network using a first radio access
`technology and a second network using a second radio access technology, a first
`network using a first radio spectrum and a second network using a second radio
`spectrum, a first network of a first network operator and a second network of a
`second network operator, or a first (sub) network and a second (sub)network of a
`same network operator.”) (emphasis added).
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`This follows from the plain and ordinary meaning of the claim, which lists the
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`information collector as performing those four functions. See id.; Ex. 2008 at ¶43.
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`In addition, the “information collector” that is configured to perform all four
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`of these actions must be a distinct entity from the “terminals.” This follows from a
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`plain and ordinary meaning claim construction of Claim 1, because the
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`“information collector” is configured to “select” the terminals, “instruct” the
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`terminals, and “obtain measurement information” that was measured by the
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`terminals – from which it logically follows that the “terminals” must be distinct
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`components from the “information collector.” See id.; Ex. 2008 at ¶44.
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`The role of the information collector as a distinct component from the
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`terminals is reinforced by the specification of the ’089 Patent. The information
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`collector 7 is shown in FIG. 3 and described in the specification of the ’089 Patent.
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`See Ex. 1001 at 7:10-22 and 8:34-9:65. The specification describes the information
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`collector 7, in each case, as acting in a manner that clearly means it is a distinct
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`component from the “terminals.” For example, the information collector 7 is
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`“configured for collecting information from some of the terminals 5.” See id. at
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`7:15-16 (emphasis added). Similarly, the information collector “selects one or
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`more of the terminals 5 for obtaining measurement information,” and “instructs the
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`selected one or more terminals,” via an exemplary UMTS network, to measure
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`signals from the exemplary LTE network. See id. at 8:34-36 and 8:65-9:1
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`(emphases added). Then, the information collector “obtains measurement
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`information indicative of the signals measured from the LTE network by the
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`selected one or more terminals” and “forwards the measurement information
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`obtained from the selected terminals to the coverage estimator 8 within the LTE
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`network.” See id. at 9:1-4 and 9:62-65 (emphases added). Here, it is noted that the
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`specification of the ’089 Patent envisages that the system can be implemented in a
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`“decentralized” manner, as opposed to the “centralized manner” of FIGS. 2 and 3
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`of the ’089 Patent, but even such an implementation of the “information collector”
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`using decentralized sub-components is distinct from the “terminals,” based on the
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`above claim language and the description of the actions of the information
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`collector to, from, and upon the terminals in the specification. See Ex. 1001 at 6:66
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`to 7:8 and FIGS. 2-3.
`
`Based on the above passages, the specification of the ’089 Patent reinforces
`
`the conclusion, reached from the plain and ordinary meaning of the claim language
`
`itself, that the information collector is distinct from the terminals. See Ex. 2008 at
`
`¶44.
`
`D. Claim 1: the “coverage estimator” must be configured
`to “obtain measurement information from the information
`collector”
`Claim 1 recites “a coverage estimator” in element 1[b]. See Ex. 1010 at 1
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`(claim elements as labeled in Ex. 1010). This “coverage estimator” must be
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`configured to “obtain measurement information from the information collector,”
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`where the information collector is of the type construed above, which is distinct
`
`from the terminals. See id. at 1[b][i]. This follows from the plain and ordinary
`
`meaning of the claim, which recites the coverage estimator as obtaining
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`measurement information from the information collector. See id. at 1[b]. Also, the
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`specification describes the coverage estimator 8 as “connecting to and receiving
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`information from the information collector 7 and, based on the received
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`information, generating the coverage assessment for the second wireless access
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`network 2B,” where the information collector 7 is as described in the previous
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`section, above. See Ex. 1001 at 7:18-22.
`
`Based on the above passages, the specification of the ’089 Patent reinforces
`
`the conclusion, reached from the plain and ordinary meaning of the claim language
`
`itself, that the coverage estimator must be configured to “obtain measurement
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`information from the information collector,” where the information collector is of
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`the type construed above. See Ex. 1010 at 1[b][i]; Ex. 2008 at ¶45.
`
`E. Dependent Claims 3, 4, and 5
`Dependent Claim 5, which recites that the information collector is “further
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`
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`configured to provide location information valid upon obtaining the measurement
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`information for at least one of the selected one or more terminals,” must relate to
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`different subject matter from that of dependent Claim 3. See Ex. 1010 at Claim 5.
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`This follows from the fact that Claim 5 is a separate dependent claim from Claim
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`3, which implies that it must relate to different subject matter from Claim 3;
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`otherwise it would be duplicative and would contravene the general canon that no
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`two claims in a patent should be interpreted as having the same scope. See Ecolab,
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`Inc. v. Paraclipse, Inc., 285 F.3d 1362, 1375 (Fed. Cir. 2002). Therefore, the
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`location information “prior to selecting the one or more terminals” in Claim 3 (and
`
`its dependent Claim 4) must be different from the “location information valid upon
`
`obtaining the measurement information” in Claim 5. See Ex. 1010 at Claims 3,
`
`4[a], and 5. As the ’089 specification explains, the location of the selected
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`terminals when they actually perform the measurement may change compared to
`
`the initial location that was used when the respective terminal was selected to
`
`participate in the measurement. See Ex. 1001 at 9:20-29. Therefore, based on the
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`claim language and the specification, the location information in Claims 3 and 4
`
`must relate to location information “prior to selecting the one or more terminals,”
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`which is different from the location information in Claim 5, which must relate to
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`location information “valid upon obtaining the measurement information.” See Ex.
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`2008 at ¶46.
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`F.
`Independent Claims 11, 13, and 15
`As with Claim 1, Claim 11 also recites an “information collector,” along
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`with several other elements, which interact with the information collector. See Ex.
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`1010 at 2, element 11[b] (“means for providing the measurement information to at
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`least one of an information collector…”), 11[c] (“wherein the mobile user terminal
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`is further configured to: receive an instruction from the information collector”). In
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`a similar manner to that described for Claim 1, Claim 11 recites that the
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`information collector “carries out operations” by “selecting,” “instructing,”
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`“obtaining,” and “providing.” See id. at 2-3, elements 11[d] and 11[d][i]-11[d][iv].
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`For similar reasons to those given above for Claim 1, it follows from the plain and
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`ordinary meaning of Claim 11 that the “information collector” – with which other
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`components of Claim 11 must interact – must be distinct from the terminals.
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`In addition, Claim 11 recites a “coverage estimator” that carries out
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`operations including “obtaining” the measurement information from such an
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`information collector (see 11[f][i]). See Ex. 1010 at 3, 11[f][i]. Therefore, for
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`similar reasons as discussed above for Claim 1, the “coverage estimator” of Claim
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`11 must be construed in an analogous manner to that discussed above for the
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`“coverage estimator” of Claim 1.
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`Claim 13 also recites four functions of “selecting,” “instructing,”
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`“obtaining,” and “providing.” See Ex. 1010 at 3-4, items 13[a]-13[d] (“means for
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`selecting,” “means for instructing,” “means for obtaining,” and “means for
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`providing”). Although recited using “means” language, similar reasoning to that
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`discussed above for Claim 1 applies, in relevant respects, because the ’089 Patent
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`describes the “information collector” discussed above as performing all four of
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`these functions, and as being distinct from the terminals upon which it acts. See,
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`e.g., Ex. 1001 at 7:10-47, 8:1-25, 8:34-9:19, 9:35-36, 9:42-43, 9:50, 9:56-10:3.
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`In addition, Claim 13 recites that the “means for providing” provides the
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`measurement information to the “coverage estimator,” from which it follows that
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`the “information collector” of the type discussed above must provide the
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`measurement information to the “coverage estimator.” Similar reasoning therefore
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`applies in relevant respects for the “coverage estimator” in Claim 13 to that
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`discussed above for Claim 1.
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`Likewise, as with Claim 1, Claim 15 also recites that an information
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`collector is configured to perform four functions to “select,” “instruct,” “obtain,”
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`and “provide.” See Ex. 1010 at 4-5, items 15[c][i]-15[c][iv] (“wherein the
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`information collector is configured to: (i) select…,” “(ii) instruct…,” “(iii)
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`obtain…,” and “(iv) provide…”). The claim recites “means for obtaining
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`measurement information from an information collector,” and similar reasoning to
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`that discussed above for Claim 1 applies, in relevant respects, with the ’089 Patent
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`describing the “information collector” discussed above as performing all four of
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`the above functions, and as being distinct from the terminals upon which it acts.
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`See, e.g., Ex. 1001 at 7:10-47, 8:1-6, 9:62-10:3. Further, the “means for obtaining
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`measurement information from an information collector” must be construed in an
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`analogous fashion to the “coverage estimator” discussed above for Claim 1, in
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`relevant respects, in that it obtains the measurement information from the type of
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`“information collector” discussed above. See, e.g., Ex. 1001 at 7:10-22.
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`Therefore, Claims 11, 13, and 15 should be construed in a similar manner in
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`relevant regards to the “information collector” and “coverage estimator” discussed
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`above for Claim 1. See Ex. 2008 at ¶47-50.
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`G. District Court Claim Construction
`While Patent Owner reserves the right to appeal or otherwise challenge the
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`
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`claim construction decision of the District Court in the related litigation, Patent
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`Owner considers that the above claim constructions are consistent with, and follow
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`from, the District Court’s claim construction, which further supports the
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`constructions above. See Ex. 1027 at 15, 21, 24, 25, 28, 36, 39, 42, 46, 49, 53-55,
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`57, and 60.
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`III. THE PETITION DOES NOT ESTABLISH BY A PREPONDERANCE
`OF THE EVIDENCE THAT ANY OF CLAIMS 1-5, 11, AND 13-15 OF
`THE ’089 PATENT IS UNPATENTABLE
`A. Ground 1 should be denied for failure to establish by a
`preponderance of the evidence that Olofsson and Kuruvilla render
`Claims 1-5, 11, and 13-15 unpatentable
`1.
`Claim 1 (preamble): the cited references do not disclose or
`suggest “first and second wireless networks capable of providing
`services to a plurality of terminals”
`The Petition does not establish by a preponderance of the evidence that the
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`cited references render the challenged claims unpatentable. First, for the reasons
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`discussed in the Claim Construction section above, the preambles of Claims 1, 11,
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`13, and 15 require a system, mobile user terminal, or network node for a
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`telecommunications infrastructure comprising first and second wireless access
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`networks, which are both operational and capable of providing services to a
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`plurality of terminals. For this feature, Petitioner relies upon two networks of
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`Olofsson. See Ex. 1003 at ¶105. However, in contrast with the above requirements
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`of this element, even though Olofsson discloses the interactions of two
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`communications systems (defined as “originating” and “target” networks) to
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`perform measurements on the “target network,” the Olofsson system is dedicated
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`to conducting “radio coverage or service quality measurements of a system not yet
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`open for public use” (the “target network”) “while providing services of another
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`system, such as a legacy syste