`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`SAMSUNG ELECTRONICS CO., LTD AND DELL TECHNOLOGIES INC.
`
`Petitioners
`
`v.
`
`MYPAQ HOLDINGS LTD.
`
`Patent Owner
`
`_____________________
`
`Case No. IPR2022-00311
`
`U.S. Patent No. 8,477,514
`
`_______________________
`
`PATENT OWNER SUR-REPLY
`
`_______________________
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`TABLE OF CONTENTS
`
`Page
`
`I.
`
`INTRODUCTION ....................................................................................... 1
`
`II. CLAIM 1 ....................................................................................................... 1
`
`A.
`
`“System Operational State of Said Load” ...................................... 1
`
`B.
`
`Chagny’s “activity input 202” is not a signal “indicating a
`system operational state of said load” ............................................. 6
`
`C. Hwang’s “standby signal” is not a “signal indicating a
`system operational state of said load” ............................................. 7
`
`III. CLAIM 6 ....................................................................................................... 9
`
`A. Chagny’s “activity input 202” is not a “signal
`characterizing a power requirement” ............................................. 9
`
`B. Hwang’s “standby signal” is not a “signal characterizing a
`power requirement of a processor system” .................................... 12
`
`IV. CLAIMS 11 AND 16 .................................................................................... 12
`
`A. Chagny and Hwang do not disclose “enabling operation of
`components of a processor system to establish a state of
`power drain thereof” ......................................................................... 12
`
`1.
`
`2.
`
`Chagny ..................................................................................... 12
`
`Hwang ...................................................................................... 14
`
`B. Hwang does not disclose “sensing a power level of said state
`of power drain in response to said signal” ...................................... 15
`
`V.
`
`“POWER SYSTEM CONTROLLER” ..................................................... 15
`
`A. Chagny’s software program 296 is not a “power system
`controller” .......................................................................................... 15
`
` -i-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`B. Hwang’s microprocessor is not a “power system controller” ....... 16
`
`VI. DEPENDENT CLAIMS 2, 7, 12, 17 .......................................................... 17
`
`A. Chagny does not disclose “in accordance with said
`[signal/power level]” .......................................................................... 17
`
`B.
`
`Petitioners Mischaracterize Hwang’s Duty Cycle .......................... 19
`
`VII. DEPENDENT CLAIMS 3, 8, 14, 19 .......................................................... 20
`
`A.
`
`“Over a period of time” .................................................................... 20
`
`VIII. DEPENDENT CLAIMS 4 AND 9 .............................................................. 22
`
`A. Chagny and Hwang do not disclose core states .............................. 22
`
`IX. DEPENDENT CLAIMS 13 AND 18 .......................................................... 24
`
`A. Chagny and Hwang do not disclose “upon startup” ...................... 24
`
`X. GROUND 2B (Hwang and Chagny) .......................................................... 25
`
`XI. CONCLUSION ............................................................................................ 26
`
`
`
`
`
`
`
` -ii-
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`TABLE OF AUTHORITIES
`
`Page(s)
`
`
`
`
`Cases
`
`Arendi S.A.R.L. v. Apple Inc.,
`832 F.3d 1355 (Fed. Cir. 2016) .........................................................................25
`
`Regulations
`
`37 C.F.R. § 42.104 ...................................................................................................10
`
`Patent Procedures
`
`Consolidated Trial Practice Guide (Nov. 2019) ........................................................ 8
`
`
`
`
`
` -iii-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`EXHIBIT LIST
`
`2001 Defendants’ Joint Preliminary Invalidity Contentions, served on January
`12, 2022 in MyPAQ Holdings, Ltd. v. Samsung Electronics Co., Ltd. et
`al., 6:21-CV-398-ADA
`2002 Complaint in MyPAQ Holdings, Ltd. v. Samsung Electronics Co., Ltd. et
`al., 6:21-CV-398-ADA (W.D. Tex.)
`2003 Complaint in MyPAQ Holdings, Ltd. v. Samsung Electronics Co., Ltd. et
`al., 6:21-CV-398-ADA (W.D. Tex.)
`2004 Albright Says He’ll Very Rarely Put Cases On Hold For PTAB, Ryan
`Davis, Law360, May 11, 2021, available at
`https://www.law360.com/articles/1381597/print?section=ip; last accessed
`February 8, 2022.
`2005 Second Amended Standing Order Regarding Motions for Inter-District
`Transfer, Judge Albright (W.D. Tex. Aug. 18, 2021)
`2006 Order Granting Early Discovery in MyPAQ Holdings, Ltd. v. Dell
`Technologies, Inc. and Dell Inc., 6:21-cv-00933-ADA, Dkt. No. 42
`(February 24, 2022)
`2007 Standing Order Governing Proceedings—Patent Cases, Eastern District
`of Texas, Waco Division (Mar. 7, 2022)
`2008 Defendants’ First Venue-Related Requests for Production (Nos. 1-6) in
`MyPAQ Holdings, Ltd. v. Dell Technologies, Inc. and Dell Inc., 6:21-cv-
`00933-ADA (March 15, 2022)
`2009 Defendants’ First Set of Venue-Related Interrogatories (Nos. 1-4) in
`MyPAQ Holdings, Ltd. v. Dell Technologies, Inc. and Dell Inc., 6:21-cv-
`00933-ADA (March 15, 2022)
`2010 Plaintiff’s Notice of Deposition of Merle Wood in MyPAQ Holdings, Ltd.
`v. Dell Technologies, Inc. and Dell Inc., 6:21-cv-00933-ADA, (February
`16, 2022)
`2011 Plaintiff’s Notice of Deposition of Andy Sultenfuss in MyPAQ Holdings,
`Ltd. v. Dell Technologies, Inc. and Dell Inc., 6:21-cv-00933-ADA
`(February 16, 2022)
`2012 Plaintiff’s Notice of Deposition of Dell Venue Witnesses in MyPAQ
`Holdings, Ltd. v. Dell Technologies, Inc. and Dell Inc., 6:21-cv-00933-
`ADA (March 11, 2022)
`2013 Plaintiff’s First Notice of Deposition of Samsung Venue Witnesses in
`MyPAQ Holdings, Ltd. v. Dell Technologies, Inc. and Dell Inc., 6:21-cv-
`00933-ADA (February 21, 2022)
`
` -iv-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`2014 Plaintiff’s Second Notice of Deposition of Samsung Venue Witnesses in
`MyPAQ Holdings, Ltd. v. Dell Technologies, Inc. and Dell Inc., 6:21-cv-
`00933-ADA (March 16, 2022)
`2015 Order appointing technical advisor in MyPAQ Holdings, Ltd. v. Dell
`Technologies, Inc. and Dell Inc., 6:21-cv-00933-ADA (April 21, 2022)
`2016 Linkedin profile for Joshua Yi, available at
`https://www.linkedin.com/in/yijoshua/, last accessed April 22, 2022
`2017 Personal webpage for Joshua Yi, available at www-
`mount.ece.umn.edu/~jjyi/, last accessed April 22, 2022
`2018 Declaration of Dr. Frank Ferrese
`
`2019 CV of Dr. Frank Ferrese
`
`2020 U.S. Pat. No., 6,344,986 (Jain)
`
`2021 U.S. Pat. App. No. 2007/0222463 (Qahouq)
`
`2022 Advanced Configuration and Power Interface specification, Dec. 1996
`(“ACPI”)
`2023 Alon Naveh, et al., “Power and Thermal Management in the Intel® Core
`Duo™ Processor,” Intel Technology Journal, May 15, 2006 (“Naveh”)
`2024 U.S. Pat. No. 6,344,986 (Jain)
`
`2025 U.S. Pat. App. No. 2007/0222463 (Qahouq)
`
`2026
`
`John Crowe, Barrie Hayes-Gill, Introduction to Digital Electronics, 1998
`
`2027 Harry Henderson, “Encyclopedia of Computer Science and Technology,
`4th Edition (2021).
`2028 May 2, 2022 Preliminary Claim Construction email in MyPAQ v.
`Samsung/Dell, Nos. 6:21-CV-00398, 6:22-CV-00933 (W.D. Tex.)
`(“Preliminary Constructions”)
`
`
`
` -v-
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`
`
`
`I.
`
`INTRODUCTION
`
`The ’514 Patent is directed to adaptive power system controllers that control
`
`system power not based on the instantaneous activity level of a given processor,
`
`but instead based on the current and forecasted power required of all elements of
`
`the system, and taking into account specific states and the context the system is
`
`being operated in. See, e.g., EX1001 [’514 Patent], Title, Abstract, 2:32-38.
`
`Petitioners’ arguments disregard these teachings and, as a result, repeatedly stretch
`
`Hwang and Chagny to cover claim limitations that they do not disclose.
`
`Accordingly, Petitioners fail to establish by a preponderance of the evidence that
`
`claims 1-20 are unpatentable.
`
`II. CLAIM 1
`
`A.
`
`“System Operational State of Said Load”
`
`Petitioners argue that there “is no basis for injecting a requirement of a
`
`particular context external to the load as argued by PO.” Reply, 3. Petitioners’
`
`argument is misplaced.
`
`First, the claim recites the “system operational state” of the entire load, not
`
`just the current state of certain components of the load. EX1001 [’514 Patent],
`
`Claim 1; POR, 18, EX2018 [Ferrese Decl.], ¶52.
`
`Second the “system operational state” of the load refers to a particular
`
`context in which the load is being operated. POR, 18-21. Whether a processor in
`
`-1-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`the load at a particular point in time is executing instructions does not reflect the
`
`system operational state of the load. POR, 19-20. For example, a processor may be
`
`busy at a particular instant yet the load itself may still be “sustaining substantial
`
`thermal margins allowing selected fans to be disabled and/or the fan speed to be
`
`substantially reduced.” POR, 19, EX1001 [’514 Patent], 9:14-27. See also EX1001
`
`[’514 Patent], 5:8-17. The point is that the system operational state is a state that
`
`accounts for considerations beyond the instant activity level of a particular
`
`processor.
`
`Third, the POR only argues that “external requirements” are one factor that
`
`impacts the system operational state. POR, 21. The POR is not limiting the system
`
`operational state to only external factors.
`
`Petitioners further contend PO’s district court construction is inconsistent
`
`with the POR. Reply, 3. This is incorrect. The district court construction sought to
`
`clarify that the system operational state was more than just the instantaneous
`
`measure of a single metric relating to one component of the larger system (there,
`
`the “present output voltage of the power converter.”). EX2028, 2. The issue here
`
`(instant activity level of prior art processors) is different, but the point being made
`
`is similar—“system operational state” refers to the “system as a whole” and not
`
`just a single component at a single instant in time. POR, 18.
`
`-2-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`Petitioners argue PO is excluding “processor core states” from being
`
`“system operational states.” Reply, 3-4. While C-states may be one consideration
`
`for setting system operational states, they do not indicate system operational states.
`
`The ’514 Patent expressly distinguishes C-states from system operational states,
`
`stating that “corresponding states have not been described for elements of the
`
`power system as it responds to the various operational levels of the load…”
`
`EX1001 [’514 Patent], 5:60-67; POR, 21. The ’514 Patent, discussing C-states,
`
`states that “[p]ower conversion systems of the prior art have only partially
`
`responded to such system operational state considerations.” EX1001 [’514 Patent],
`
`5:19-22; POR, 20-21. Thus, the ’514 Patent discloses that C-states “only partially
`
`respond[ ]” to system operational state considerations. Id. While C-states may be
`
`one consideration for setting system operational states, they do not indicate system
`
`operational states. Id.
`
`Petitioners cite the ’514 Patent at 26:10-11 as “describ[ing] ‘system
`
`operational states’ as including core states or C-states with no reference to a
`
`particular context external to the processor (i.e., the load).” Reply, 3 n.4.
`
`Petitioners are incorrect. The context of the paragraph cited by Petitioners is the
`
`transition of power converter operational state based upon both power converter
`
`status and system operational state. In this case, the system operational state is not
`
`the C-state itself, rather, it is, “a processor core state with a value greater than or
`
`-3-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`equal to one.” Examples of system operational states given in the ’514 patent
`
`include, “providing a performance state or a core state of a processor such as a P-
`
`state or C-state, indicating, for example that the system is operating from
`
`emergency power or battery reserve,” EX1001 [’514 Patent], 9:13-15. In the
`
`context of this example, involving a failed power converter and a C-state greater
`
`than or equal to one, the implication is that the power converter is no longer
`
`functional and the C-state is indicative of the processor being in one of the sleep
`
`states so it is still energized, but it is receiving power from an alternate source. In
`
`this case, the transition to power converter operational state five is warranted.
`
`Petitioners fail to consider the context in which the C-state is being used in this
`
`case.
`
`Petitioners, citing the ’514 Patent, 9:23-27, contend “the ’514 Patent
`
`discloses ‘a signal indicating that a load current will change’ as an ‘example of a
`
`signal indicating a change in a system operational state’” and that “[t]his example
`
`is again focused on the load itself, not a particular context external to the load.”
`
`Reply, 4. While the instantaneous measure of the load current is not an example of
`
`system operational state, the fact that the load current will change is a prediction
`
`that it is a function of overall system operational context and a change in the
`
`operating point or operating conditions of the load.
`
`-4-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`Finally, Petitioners’ footnote argues that Dr. Ferrese was not a POSITA on
`
`December 1, 2006. Reply, 2, n.2. This is incorrect. By December 1, 2006, Dr.
`
`Ferrese had a Master’s in Computer Engineering and Bachelor’s in Electrical
`
`Engineering (Ex. 2019, 1) and fifteen years’ experience as an electrical engineer,
`
`including work on “power systems” and “power electronic devices” as Lead
`
`Engineer at the Naval Surface Warfare Center (id., EX2018 [Ferrese Decl.], ¶12).
`
`Thus, Dr. Ferrese qualified as a POSITA by December 1, 2006 under Petitioners’
`
`definition of the term. Pet., 9.
`
`Petitioners argue that Dr. Ferrese’s “first experience with switching power
`
`converters was not until around 2010.” But experience with “switching power
`
`converters” is not part of Petitioners’ definition of the level of ordinary skill. Pet.,
`
`9. Further, the term “system operational state” is a concept from systems
`
`engineering, a field Dr. Ferrese worked in for many years prior to 2006 (EX2019
`
`[Ferrese CV], 2-3) and is not specific to the application or design of power
`
`converters.
`
`Further still, Petitioners’ footnote is irrelevant. Petitioners does not contest
`
`the fact that Dr. Ferrese is extraordinarily skilled in the art.
`
`-5-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`B. Chagny’s “activity input 202” is not a signal “indicating a system
`operational state of said load”
`
`As discussed in the POR, Chagny’s activity input 202 indicates the level of
`
`activity of the processor at a particular moment in time. POR, 18. The activity level
`
`of a processor is not indicative of the state of the load because processors may have
`
`different activity levels in a particular system operational state or the same activity
`
`level in different operational states. POR, 18-23.
`
`Petitioners argue that “[s]imilar to [core states] in the ’514 Patent, the
`
`activity level of Chagny’s processor 292 depends ‘on the number of instructions
`
`executed within a predefined time interval’ (EX1004, 4:18-20), and thus reflects
`
`the ‘demand for power required by the processor 292.’” Reply, 5-6. First, core-
`
`states are not system operational states. Supra §II.A; EX1001 [’514 Patent], 5:19-
`
`43, 5:60-6:2, 6:14-20.
`
`Second, the “level of power consumption” isn’t indicative of a system
`
`operational state. Low power modes are the type of “state indicators” that the ’514
`
`Patent criticizes as failing to describe “elements of the power system as it responds
`
`to the various operational levels of the load.” EX1001 [’514 Patent], 5:60-67.
`
`Processor low power modes are not indicative of the state of the system as a whole.
`
`EX2018 [Ferrese Decl.], ¶¶57-58. Dr. Ferrese gives a number of examples of
`
`system operational states that are independent of whether the processor activity
`
`-6-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`level is low or the system is in a low power mode, including an indication “that the
`
`system is operating from emergency power or battery reserve” (Id., ¶52), “that the
`
`system is sustaining substantial thermal margins” (Id), and levels of criticality at
`
`different times of the day (Id., ¶¶53, EX1001 [‘514 Patent] 5:8–5:17, 9:14-27.).
`
`Petitioners do not rebut any of these examples. Accordingly, Chagny’s activity
`
`input 202 is not a system operational state.
`
`C. Hwang’s “standby signal” is not a “signal indicating a system
`operational state of said load”
`
`Petitioners contend Hwang’s “standby signal” is a “signal indicating system
`
`operational state of said load.” Reply, 6. As discussed above, low power modes
`
`like “sleep” modes do not indicate a system operational state. See supra, §II.B;
`
`EX2018 [Ferrese Decl.], ¶101. Further, the ’514 patent identifies that examples of
`
`“environmental parameters” include “an indication that a particular portion of the
`
`load … is operating at a reduced power level.” POR, 43, EX1001 [’514 Patent],
`
`9:4-11. Hwang’s standby signal, which is used “during periods of low activity”
`
`(EX1004, ¶[0021]), is “operating at a reduced power level” and is therefore an
`
`“environmental parameter”, not a system operational state. POR, 42, EX2018
`
`[Ferrese Decl.], ¶¶102-103.
`
`Petitioners argue that Hwang’s standby signal is a system operational state
`
`because “core states” are “system operational states” and that “core states”
`
`-7-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`“describe various levels of a processor sleep state.” Reply, 8 (quoting EX1001,
`
`5:19-27, 5:44-49). This is incorrect. First, as discussed above, the ’514 Patent is
`
`clear that core states are not system operational states. Supra, §II.A
`
`Second, the ’514 Patent discloses the “core state (or ‘C-state’)” is a
`
`parameter that is described in the ACPI specification. EX1001 [’514 Patent], 5:22-
`
`27; 5:44-45. Thus, C-states are specific parameters defined in the ACPI
`
`specification. Hwang does not use the term core state (or C-state) and has nothing
`
`to do with the ACPI specification.
`
`Petitioners argue that “in scenarios like Hwang with a constant output
`
`voltage powering the load, a signal indicating a change in the load’s power demand
`
`would also be a signal indicating a change in the load’s current demand” and that
`
`such signals indicate the system operational state of the load. Reply, 8. This is a
`
`new argument that was not made in the Petition and should not be considered by
`
`the Board. See Consolidated Trial Practice Guide (Nov. 2019), 73 (“Petitioner may
`
`not submit new evidence or argument in reply that it could have presented earlier,
`
`e.g., to make out a prima facie case of unpatentability.”). PO does not have a
`
`chance at this stage to provide technical opinions from its expert or additional
`
`evidence on Petitioners’ new argument, underscoring the prejudice to PO.
`
`Further, Petitioners do not identify what signal from Hwang Petitioners’ new
`
`argument relies upon. Reply, 8, EX1026 [Kiaei Reply Decl.], ¶16. Hwang ¶[0021]
`
`-8-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`does mention “a signal from the load 104 that indicates the level of the power
`
`drawn by the load 104” (id.) but that is different than the signal Petitioners
`
`reference in the ’514 Patent, which indicates “that a load current will change from
`
`a first current level to a second current level at or around a particular time.”
`
`EX1001 [’514 Patent], 9:23-26. Even if the level of power drawn by the load
`
`directly correlates to current in Hwang (which Petitioners have not established),
`
`the signal does not indicate a change in current levels or that the change will occur
`
`at a particular time as required by the ’514 Patent.
`
`III. CLAIM 6
`
`A. Chagny’s “activity input 202” is not a “signal characterizing a
`power requirement”
`
`Chagny’s activity input 202—which indicates the activity level of the
`
`processor—is not a signal characterizing a power requirement because it doesn’t
`
`characterize any particular power requirement. POR, 24. The activity level of the
`
`processor is simply the measure of the number of instructions on the processor
`
`over a given period of time. Id. It does not characterize how much power is
`
`needed by the system or characterize a requirement in general. Id., EX2018
`
`[Ferrese Decl.], ¶60.
`
`Petitioners present a new claim construction for the term “characterizing,”
`
`arguing that the POR’s use of the term “tell” is “an improperly narrow
`
`-9-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`interpretation.” Reply, 9. First, Petitioners are not permitted to propose new
`
`constructions in its Reply. 37 C.F.R. § 42.104(b)(3). Supra, §II.C.
`
`Second, the Petition points to Chagny’s “activity input 202” and argues that
`
`it meets this limitation because Chagny teaches “the ‘demand for power by the
`
`processor 292’ depends on the activity level—i.e., the ‘number of instructions
`
`executed per clock cycle.’” Pet., 25. Thus, the Petition argues that Chagny’s
`
`activity input 202 indicates (or tells) the processor’s demand for power. See also
`
`Reply, 11. PO is interpreting the claim in the same manner that the Petition did.
`
`Third, the POR’s “example of a power requirement” as a “signal indicating
`
`the processor system needs a certain level of power” was not limiting and its
`
`discussion was specific to the Petition’s arguments regarding Chagny. POR, 24.
`
`Thus, Petitioners’ new construction is a strawman and its footnote argument that
`
`PO’s expert was “backtracking” mischaracterizes PO’s arguments. Reply, 9.
`
`Dr. Ferrese’s point was that a POSITA would understand that “a signal
`
`characterizing a power requirement” indicates how much power is required.
`
`EX1027 [Ferrese Dep. Tr.], 85:10-86:2. Petitioners argue that internal operating
`
`characteristics may be used for purposes other than “providing a specific level of
`
`power”. Reply, 10, FN6. But that is a different issue than whether “a signal
`
`characterizing a power requirement” is indicative of how much power is required
`
`by the system or whether Chagny teaches “a signal characterizing a power
`
`-10-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`requirement.” Dr. Ferrese wasn’t specifically linking “a signal characterizing a
`
`power requirement” to the “internal operating characteristic” and, when asked that
`
`hypothetical, indicated he had not opined on it and would need time to consider it.
`
`EX1027 [Ferrese Dep. Tr.], 86:10-87:7.
`
`Petitioners advance the new argument that the claim term “processor
`
`system” does not include anything other than the processor itself. Reply, 10-11.
`
`Petitioners’ argument is incorrect. The claim term is “processor system,” not
`
`“processor”, indicating that there are additional components beyond the processor
`
`itself that are part of the system and that also draw power. The specification
`
`confirms that a “processor system” is not just a processor and includes other
`
`components such as memory and hard drives that draw power. POR, 25, EX1001
`
`[’514 Patent], 13:29-33. See, e.g., Pet., 29 FN6 (“the processor system of Chagny
`
`also includes other associated components such as ‘memory’ and various
`
`‘input/output devices’.”). Thus, the “power requirement of a processor system” are
`
`not just the power requirements of the processor itself.
`
`The Reply’s remaining arguments regarding this limitation rehash arguments
`
`from the Petition and rely on Petitioners’ new interpretations for “characterizing”
`
`and “processor system” (Reply, 11) which, as discussed above, are incorrect.
`
`Accordingly, Chagny does not teach a “signal characterizing a power requirement
`
`of a processor system.”
`
`-11-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`B. Hwang’s “standby signal” is not a “signal characterizing a power
`requirement of a processor system”
`
`Hwang does not teach this limitation for the reasons discussed in the POR.
`
`POR, 44-45. The Reply does not independently address Hwang for this limitation,
`
`but instead appears to rely on its new construction of “characterizing.” Reply, 9.
`
`For the reasons discussed above for Chagny, Petitioners’ interpretation is incorrect.
`
`IV. CLAIMS 11 AND 16
`
`A. Chagny and Hwang do not disclose “enabling operation of
`components of a processor system to establish a state of power
`drain thereof”
`
`1.
`
`Chagny
`
`Petitioners’ arguments rely on its new construction for the term “processor
`
`system.” Reply, 12. Petitioners additionally argue that “processor system” is
`
`limited to the internal components of a processor itself, and not, as discussed in the
`
`specification and claims, external components such as memory or hard drives.
`
`Reply, 11-12. Notably, Petitioners’ new construction does not cite to the ’514
`
`Patent itself. Reply, 11-12.
`
`As discussed above in §III.A, Petitioners’ new construction fails. The ’514
`
`Patent states that processor systems contain components such as “memory, hard
`
`drives, and specialized circuit cards that are specified and installed when the
`
`system is assembled for a particular application.” EX1001 [’514 Patent], 13:29-33.
`
`The specification tracks the claim language, stating that “power system drains are
`
`-12-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`generally unknown until such a [processor] system is specified and assembled.”
`
`EX1001 [’514 Patent], 13:33-35. Thus, the specification is talking about
`
`components such as “memory, hard drives, and specialized circuit cards”
`
`establishing a state of power drain. Nothing in the ’514 Patent indicates that
`
`“processor system” refers to the internal components of a processor as Petitioners
`
`urge.
`
`Petitioners argue that “PO’s only alleged support in the specification
`
`describes how processor systems may ‘often’ be constructed, not how they must be
`
`constructed.” Reply, 12. But the only “system components” identified in the ’514
`
`Patent are “memory, hard drives and specialized circuit cards.” EX1001 [’514
`
`Patent], 13:29-33. Each example of a component identified as a “system
`
`component” is “‘peripheral’ to the processor.” Reply, 12. This indicates that
`
`internal processor components (as identified by Petitioners) are not separate
`
`“components of a processor system” as required by claims 11 and 16. In addition,
`
`the term “processor system” is described in a group of devices including “personal
`
`computer, processor system, or a server”, indicating that a “processor system” is
`
`similar to a personal computer or server—i.e., a device with a number of
`
`components in addition to a processor. EX1001 [’514 Patent]. 13:29-30. Further,
`
`claims 11 and 16 require “components” plural, not a single component. Thus, there
`
`must be components other than the processor itself.
`
`-13-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`Petitioners’ new construction also contradicts its positions in the Petition.
`
`When discussing Chagny with respect to this limitation, Petitioners argued that
`
`“the processor system of Chagny also includes other associated components such
`
`as ‘memory’ and various ‘input/output devices.’” Pet., 29 FN6. Thus, Chagny and
`
`Hwang do not “enable operation of components of a processor system” because
`
`their activity input and microprocessor only affect the processor and do not relate
`
`to any additional components of the processor system.
`
`2. Hwang
`
`Petitioners’ arguments with respect to Hwang and “processor system” fail
`
`with respect to Hwang for the reasons discussed above with respect to Chagny.
`
`In addition, Petitioners take issue with PO’s statement that Hwang “does not
`
`disclose the capability to selectively power individual components of a processor”
`
`regardless of how they are defined.1 Reply, 12. Petitioners argue that “[n]othing
`
`requires that the components be ‘selectively’ enabled, much less ‘selectively’
`
`powered on or off in a binary manner. But the claims require “enabl[ing] operation
`
`of components of a processor system to establish a state of power drain thereof.”
`
`EX1001 [’514 Patent], claims 11 and 16. Thus, the claims require (1) more than
`
`
`1 Petitioners indicate this argument applies to “the prior art” (Reply, 12), but
`
`the POR only makes this specific argument as to Hwang. POR, 46.
`
`-14-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`one component must be enabled, and (2) each of those components has an
`
`individual power drain. Id. Providing power to the processor alone (as in Hwang)
`
`does not satisfy the claim.
`
`Petitioners’ remaining arguments rehash the arguments from the Petition
`
`(Reply, 13-14), which fail for the reasons discussed above and in the POR. See
`
`supra, §IV.A.1; POR, 27-28, 45-47.
`
`B. Hwang does not disclose “sensing a power level of said state of
`power drain in response to said signal”
`
`For the reasons discussed above in §IV.A and in the POR, Hwang does not
`
`disclose this limitation.
`
`V.
`
`“POWER SYSTEM CONTROLLER”
`
`A. Chagny’s software program 296 is not a “power system
`controller”
`
`The Reply repeats the arguments from the Petition and Institution Decision.
`
`Reply, 15, D.I, 18. But, as discussed above and in the POR, Chagny does not
`
`perform the functions recited in claims 6 and 11 for the power system controller.
`
`See supra §§III-IV; POR, 28-29.
`
`The POR demonstrated Chagny’s software program 296 “does not control
`
`the power system, and is limited to reporting the activity level of the processor,
`
`which is only one component of the overall [processor] system.” POR, 30. Chagny
`
`discloses that its processor is “included in an information handling device 290”
`
`-15-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`(EX1004 [Chagny], 3:57-60), and identifies “servers, desktop and notebook
`
`computers, storage systems, personal digital assistants, cellular phones and gaming
`
`consoles” as devices in an “information handling system.” EX1004 [Chagny], 1:7-
`
`12; POR, 30-31. In other words, these devices correspond to the ’514 Patent’s
`
`“processor systems”. But Chagny’s software program 296 has nothing to do with
`
`any of the components of the information handling device 290 (corresponding to
`
`the claimed “processor system”) other than processor 292. It is not a power system
`
`controller because it does not control the “power system” and its software program
`
`does not “provide a signal characterizing a processor system” or “enable operation
`
`of components of a processor system.” POR, 30-32.
`
`B. Hwang’s microprocessor is not a “power system controller”
`
`The Reply makes similar arguments for Hwang. Reply, 16-17. As discussed
`
`above and in the POR, Hwang’s microprocessor does not perform the functions
`
`recited in claims 6 and 11 for the power system controller. See §§III-IV, supra;
`
`POR, 47-50. And Petitioners do not allege any additional control functions
`
`performed by Hwang’s microprocessor. Indeed, the “standby signal” sent by
`
`Hwang’s microprocessor is exactly the type of static sleep mode the ’514 Patent
`
`was designed to improve upon. EX1001 [’514 Patent], 5:60-67 (“corresponding
`
`states have not been described for elements of the power system… .”).
`
`Accordingly, Hwang does not disclose this limitation.
`
`-16-
`
`
`
`
`
`
`
`
`
`Case IPR2022-00311
`U.S. Pat. No. 8,477,514
`
`VI.
`
`DEPENDENT CLAIMS 2, 7, 12, 17
`
`A. Chagny does not disclose “in accordance with said [signal/power
`level]”
`
`Claim 2 requires the power converter controller is “configured to provide
`
`another signal to co