1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`BILLJCO LLC
`Patent Owner
`
`CASE: IPR2022-00420; IPR2022-00427
`U.S. PATENT NO. 10,477,994
`U.S. PATENT NO. 10,292,011
`_______________________
`
`Patent Owner BillJCo’s
`Hearing Presentation
`
`© Copyright 2023 Saul Ewing LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`BILLJCO LLC
`Patent Owner
`
`CASE: IPR2022-00420; IPR2022-00427
`U.S. PATENT NO. 10,477,994
`U.S. PATENT NO. 10,292,011
`_______________________
`
`Patent Owner BillJCo’s
`Hearing Presentation
`
`© Copyright 2023 Saul Ewing LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`2
`
`Trial Issues re ‘011 IPR:
`1. Whether Ribaudo + Lorincz render obvious “periodic
`beaconing outbound a broadcast unidirectional wireless
`data record”?
`2. Whether Ribaudo discloses “application context identifier
`data identifying location based content”?
`3. Whether Ribaudo “presents location based content”?
`4. Secondary considerations
`
`© Copyright 2023 Saul Ewing LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`
`
`“Periodic Beaconing”
`
`3
`
`EX1001, Claim 1
`
`© Copyright 2023 Saul Ewing LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`
`
`Ribaudo re “beaconing”
`
`4
`
`EX1005 Fig. 1 & ¶¶ 46, 57; see also
`Pet. at 28‐29; EX1004 [Michalson
`Exp. Decl.] ¶ 77
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`
`
`Ribaudo re “beaconing”
`
`5
`
`EX1005 ¶¶ 65, 84; see also Pet.
`at 28‐29; EX1004 [Michalson
`Decl.] ¶ 77
`
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`
`
`Ribaudo’s use of Bluetooth indicates
`continuous beaconing
`
`6
`
`Ribaudo ¶ [0066]
`o Bluetooth classic receivers on different
`frequency channel than sender
`o Sender “scans” channels to find receiver
`
`EX2025 [Sharony Exp. Decl.] ¶ 49, discussing
`EX1005 [Ribaudo] at ¶ 66
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`
`
`Meaning: “Periodic Beaconing”
`
`https://www.merriam‐
`webster.com/dictionary/periodic
`
`https://www.britannica.com/dict
`ionary/periodic
`
`PO Resp. at 14-15; EX2025 [Sharony
`Exp. Decl.] ¶ 50
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`7
`
`7
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`
`
`Apple’s Expert:
`
`8
`
`EX2026 [Michalson Dep.] at 41‐42, discussing
`EX1004 [Michalson Exp. Decl.] ¶¶ 77‐78
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`
`
`Lorincz’s MoteTrack System
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`9
`
`EX1006 at 4
`
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`
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`BillJCo’s Expert:
`
`10
`
`• Ribaudo’s single‐node system for determining
`proximity inappropriate with Lorincz multi‐
`node system
`o Fixed nodes nodes not mobile. requires
`installation & calibration
`o Not really mobile
`
`EX2025 [Sharony Exp. Decl.] ¶¶ 54‐57
`
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`
`
`BillJCo’s Expert:
`
`11
`
`• POSITA would have used non‐
`periodic beaconing—e.g. irregular
`intervals to:
`oReduce power consumption
`oPrevent interference with other
`signals
`
`EX2025 [Sharony Exp. Decl.] ¶¶ 51‐52; see also
`Pet. at 29; EX1004 [Michalson Exp. Decl.] ¶ 77
`
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`
`
`“Application context identifier data identifying
`location based content”
`
`12
`
`EX1001, Claim 1
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`
`
`Ribaudo’s user availability identified as
`“application context identifier data”
`
`13
`
`Pet. at 39‐40
`
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`
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`Specification: “application context identifier
`data”
`
`14
`
`’011 patent at 16:64‐17:11
`
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`
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`BillJCo’s Expert:
`
`15
`
`• Ribaudo’s broadcast of availability and client
`ID not data identifying “location based
`content”
`• Two people in proximity does not identify
`physical location
`o E.g., two people matched in proximity could be in
`New York or Paris
`
`EX2025 [Sharony Exp. Decl.] ¶¶ 59, 61, 62
`
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`
`
`“presents the location based content to the
`user interface of the receiving user”
`
`16
`
`EX1001, Claim 1
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`17
`
`APPLE INC.,
`Petitioner
`
`v.
`
`BILLJCO LLC
`Patent Owner
`
`CASE: IPR2022-00420; IPR2022-00427
`U.S. PATENT NO. 10,477,994
`U.S. PATENT NO. 10,292,011
`_______________________
`
`Patent Owner BillJCo’s Hearing
`Presentation
`IPR2022-00420 Re ’994 Patent
`
`© Copyright 2023 Saul Ewing LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`Trial Issues re ’994 Patent
`
`18
`
`1. Whether Wrappe discloses wireless data record
`with “no physical location coordinates”?
`2. Whether Wrappe discloses “periodic beaconing …
`data field containing signal strength”?
`3. Whether obvious to combine Philips’ “application
`identifier data” with Wrappe?
`4. Secondary Considerations
`
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`
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`Wrappe: Hybrid positioning system
`
`19
`
`EX1005
`© Copyright 2023 Saul Ewing LLP
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`
`
`Trial Issue #1: “no physical location coordinates”
`
`20
`
`Pet. at 42, citing EX1005 ¶¶ 13, 49, 51
`
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`
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`Apple’s contention: Wrappe “no physical
`location coordinates”
`
`21
`
`Pet. at 42, citing
`EX1005
`
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`
`
`Apple’s contention: Wrappe “no physical
`location coordinates”
`
`22
`
`EX1005
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`
`
`BillJCo’s Expert:
`
`23
`
`• Wrappe is a hybrid system using physical
`coordinates (e.g. GPS), and local area
`microcell beacons
`• Wrappe’s microcell beacon location
`information is related to geographical location
`tied to a specific physical location
`
`EX2021 [Sharony Exp. Decl.] ¶ 47, citing Wrappe ¶
`10
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`
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`Hybrid: (i) time of travel (ii) satellite signal
`
`24
`
`EX1005
`
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`
`
`Trial Issue #2: “periodically beaconing” “a data filed
`containing signal strength”
`
`25
`
`. . .
`
`. . .
`
`EX1001, indepdent claims
`
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`
`
`Apple’s contention: Wrappe “periodically beaconing”
`“a data filed containing signal strength”
`
`26
`
`. . .
`
`EX1005 ¶¶ 12, 43
`
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`
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`BillJCo’s Expert: Wrappe fails to show “periodically
`beaconing” “a data filed containing signal strength”
`
`27
`
`EX2021 [Sharony Exp. Decl.] ¶ 53
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`
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`BillJCo’s Expert re Wrappe and “signal strength”
`
`28
`
`EX2021 [Sharony Exp. Decl.] ¶ 54
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`
`
`Trial Issue #3: whether obvious to combine Wrappe
`with Philips’ “application identifier data”
`
`29
`
`EX1001, independent claims
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`
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`Philips
`
`30
`
`6:3‐7:6
`
`7:12‐18
`
`EX1013
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`
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`BillJCo Expert:
`
`31
`
`EX2021
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`
`
`32
`
`EX1001, claim 1
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`33
`
`APPLE INC.,
`Petitioner
`
`v.
`
`BILLJCO LLC
`Patent Owner
`
`CASE: IPR2022-00420; IPR2022-00427
`U.S. PATENT NO. 10,477,994
`U.S. PATENT NO. 10,292,011
`_______________________
`
`SECONDARY CONSIDERATIONS /
`OBJECTIVE INDICIA OF NON-
`OBVIOUSNESS
`
`© Copyright 2023 Saul Ewing LLP
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`
`
`
`Apple Access to BillJCo Patents
`
`34
`
`EX2027, Ex. H
`
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`
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`Apple Access to BillJCo Patents
`
`35
`
`EX2027, Ex. I
`
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`
`
`Apple Access to BillJCo Patents
`
`36
`
`EX2027,
`Ex. N
`
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`
`
`BillJCo & Apple Timeline
`
`37
`
`• Inventor sold Apple LBS portfolio in 2007 and reached out thereafter
`EX2027 at 4‐5 [Compl. ¶23; see also ¶24]
`• Inventor communicated with Apple on LBX portfolio starting October
`2009. EX2027 at 4‐9 [Compl. ¶¶25‐51]
`• Inventor communicated with Apple through documented 2‐way
`phone call conversations and has 2 way email records unquestionably
`about LBX starting March 2010. EX2027, Exs. G, H, I, J, K, L, M, N, O, P,
`Q, R
`• Inventor signed NDA with Apple about LBX in April 2012. EX2027, Ex.
`N, P
`• iBeacon formally introduced by Apple with iOS 7 in September 2013.
`EX2035
`• First patent of LBX portfolio issued October 2013. EX1001, Related
`Appl. Data
`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`1
`
`APPLE INC.,
`Petitioner
`
`v.
`
`BILLJCO LLC
`Patent Owner
`
`CASE: IPR2022-00426: U.S. PATENT NO. 8,761,804;
`IPR2022-00310: U.S. PATENT NO. 9,088,868
`_______________________
`
`Patent Owner BillJCo’s
`Hearing Presentation
`
`© Copyright 2023 Saul Ewing LLP
`
`
`
`U.S. PATENT NO. 8,761,804
`
`2
`
`© Copyright 2023 Saul Ewing LLP
`
`
`
`U.S. PATENT NO. 8,761,804
`
`3
`
`EX1001, 1:20‐29
`
`EX1001, 1:66‐2:6
`
`EX1001, 4:24‐28
`
`© Copyright 2023 Saul Ewing LLP
`
`
`
`U.S. PATENT NO. 8,761,804
`
`Petitioner’s Grounds
`
`4
`
`Ground 1: Obviousness based on Himmelstein in combination with Myr
`
`Ground 2: Obviousness based on Himmelstein in combination with Myr
`and further in combination with Evans
`
`Ground 2 relies on Evans to the extent that “wireless data record”
`requires at least a date/time stamp field; a location field; and a
`confidence field Pet. at 60.
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`5
`
`EX1005, 54-61
`
`EX1005, 15-35
`
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`
`
`U.S. PATENT NO. 8,761,804
`Himmelstein (EX1005)
`
`6
`
`EX1005, 1:54‐61
`
`EX1005, 2:59‐63
`
`EX1005, 3:14‐22
`
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`
`
`U.S. PATENT NO. 8,761,804
`Myr (EX1006)
`
`7
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`
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`U.S. PATENT NO. 8,761,804
`
`8
`
`Disputed Claim Limitations
`
`transmitting, by the sending data processing system,
`the broadcast unidirectional wireless data record for receipt
`by a plurality of receiving mobile data processing systems
`in a wireless vicinity of the sending data processing system
`
`wherein the broadcast unidirectional wireless data
`record is beaconed by the sending data processing system
`in accordance with the configuration for when to perform
`beaconing
`
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`
`
`U.S. PATENT NO. 8,761,804
`“transmitting, by the sending data processing system, the broadcast unidirectional
`wireless data record for receipt by a plurality of receiving mobile data processing
`systems in a wireless vicinity of the sending data processing system”
`
`9
`
`EX1001, 4:24‐28
`
`EX1001, 17:48‐55
`
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`
`
`U.S. PATENT NO. 8,761,804
`“transmitting, by the sending data processing system, the broadcast unidirectional
`wireless data record for receipt by a plurality of receiving mobile data processing
`systems in a wireless vicinity of the sending data processing system”
`
`10
`
`Petitioner’s Expert’s Declaration:
`
`Therefore, the ’804 Patent discloses methods and systems for “enabling location dependent features and
`functionality [on a mobile device] without the burden of requiring a [centralized] service.” EX1001, 2:40-42.
`The ’804 Patent claims methods and systems for a “sending data processing system” to access certain
`information, prepare a “broadcast unidirectional wireless data record” and transmit that broadcast
`unidirectional wireless data record to one or more “receiving mobile data processing systems.” EX1001,
`117:60-118:52. The signal sent from the sending data processing system is intended to be used by the
`receiving mobile data processing system to determine its location relative to the sending system and to decide
`what content to present to the receiving user on the receiving mobile data processing system. Id.
`
`With respect to the parent ’041 Application, the Applicant emphasized that the invention in that application is
`directed to “unsolicited (one; unidirectional) communication flow capable of being used to locate a mobile
`system” in response to a rejection based on prior art. EX1009 at 528. Separately, in response to another
`rejection, the Patent Owner argued that the invention of the ’041 Application “discloses completely
`eliminating the requirement for a shared centralized service,” which was a “radical departure from the state of
`the art of cloud and service industry methods.” Id. at 580.
`
`EX1004; ¶¶ 24, 31
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`Himmelstein’s Centralized Service
`
`11
`
`EX1005, 3:14-33
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`Himmelstein Piconet
`
`12
`
`EX1005, 7:40-52
`
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`
`
`
`U.S. PATENT NO. 8,761,804
`What is a Piconet
`
`13
`
`It should first be noted that it is not correct that
`mobile units in a piconet can talk "directly to other
`mobile units." The mobile units must talk via the
`master of the piconet and not directly. A POSITA
`would understand that when using a piconet there
`is no need for the cellular base station 14 and base
`station controller 20 to route traffic to mobile units
`because the piconet master assumes this role.
`
`A piconet is known in the art to be a particular
`type of network utilizing Bluetooth
`communications. In a piconet, one device serves
`as a master that is connected to up to 7 active
`slave devices. Similar to the previous embodiment
`in Himmelstein, a POSITA would understand that
`in a piconet all communications are controlled and
`pass through the master device, and that this
`master routes or switches communications
`between slaves.
`
`EX2025, ¶¶ 45-46.
`
`https://www.tutorialspoint.com/what‐is‐piconet; POR at 11
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`14
`
`Disputed Claim Limitations
`
`transmitting, by the sending data processing system,
`the broadcast unidirectional wireless data record for receipt
`by a plurality of receiving mobile data processing systems
`in a wireless vicinity of the sending data processing system
`
`wherein the broadcast unidirectional wireless data
`record is beaconed by the sending data processing system
`in accordance with the configuration for when to perform
`beaconing
`
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`
`
`U.S. PATENT NO. 8,761,804
`“Beacon”
`
`15
`
`Apple’s statements in Petition: “One common technique for locating mobile
`devices involved using signals periodically sent (or “beaconed”) by nearby
`devices.” Pet. at 9.
`
`Petitioner’s expert’s statements: A beacon is a transmission sent wih the intent
`that it can be used to locate the transmitter. EX2026, 22:13-25; 25:3-16
`
`Apple’s reference to Ribaudo (EX1010): “Mobile device 12 may beacon data
`such as the client ID of the user associated with mobile device 12 (and possibly
`the user's availability level and other identification information, Such as trust
`score and status).” ¶ [0057]
`
`Patent Owner’s statements: The standard meaning of a beacon to a POSITA is
`not merely a transmission or communication. Rather it is an intentionally
`conspicuous device designed to attract attention to a specific location. POR at
`16.
`
`Patent Owner’s expert’s statements: “The standard meaning in the art for a
`"beacon" is not merely a transmission or communication. A beacon is a
`transmission that is designed to attract attention to a specific location.”
`EX2025, ¶ 54
`
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`
`
`16
`
`U.S. PATENT NO. 8,761,804
`Petitioner’s Arguments Regarding Himmelstein’s
`“Beaconing” Teachings
`
`Himmelstein discloses the preparation of communication packet
`50, which corresponds to the claimed broadcast unidirectional
`wireless data record. EX1004, ¶97. Further, Himmelstein explains
`that the communication packet 50 is transmitted by transceiver 32
`of sending mobile unit 16. EX1005, 7:16-19. Moreover,
`Himmelstein explains that communication packet 50 can be
`transmitted to “another mobile unit 16.” EX1005, 2:65-3:1. A
`POSA would have understood that the communication packet 50
`could be transmitted to multiple additional mobile units 16.
`EX1004,
`¶97.
`In
`addition, Himmelstein
`teaches
`that
`communication packet 50 is transmitted to receiving mobile units
`16 in the wireless vicinity of the sending mobile unit 16. EX1005,
`7:48-52 (“The mobile devices can form a secure piconet and
`communicate among the connected devices. Accordingly, using
`this technology, mobile units 16 can talk directly to other mobile
`units 16 without the intervention of the base stations 14 and the
`base station controller 20.”). EX1004, ¶97.
`
`Pet. at 41-42
`
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`
`
`U.S. PATENT NO. 8,761,804
`“record is beaconed by the sending data processing system in
`accordance with the configuration for when to perform beaconing”
`
`17
`
`Myr EX1006
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`No Motivation to Combine
`
`18
`
`Petitioner’s Support.
`
`1. Both directed to the wireless transmission of location-
`based information. “It is my opinion that a POSA would
`have considered the fact that Himmelstein and Myr have
`similar uses, and this would have motivated a POSA to
`determine whether periodic beaconing of signals in Myr
`would improve the ability to evaluate traffic conditions in
`the Himmelstein system.” Long ¶ 56.
`
`2. A POSA would have understood that one advantage of
`periodically beaconing a signal is that is [sic] saves the
`power needed to transmit the signal.
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`19
`
`Himmelstein Connected to Vehcicle Electrical System
`
`EX1005, 3:34-40
`
`EX1005, 4:26-31
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`Prior Art Teaches Away
`
`20
`
`Himmelstein
`
`Myr
`
`EX1006, ¶[0027]
`
`EX1005, 1:22-35
`
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`
`
`U.S. PATENT NO. 8,761,804
`
`21
`
`SECONDARY CONSIDERATIONS
`
`Copying
`
`Licenses
`
`Commercial Success
`
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`
`
`U.S. PATENT NO. 9,088,868
`
`22
`
`© Copyright 2023 Saul Ewing LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`U.S. PATENT NO. 9,088,868
`Privileges (Permissions) In ‘868 Patent
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`23
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`EX1001, 10:30-37
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`EX1001, 12:28-34
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`EX1001, 12:58-64
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`© Copyright 2023 Saul Ewing LLP
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`EX1001, 10:45-60
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`U.S. PATENT NO. 9,088,868
`Petitioner’s Grounds
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`24
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`Ground 1: Obviousness based on Haberman
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`Ground 2: Obviousness based on Haberman in combination with Boger
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`Ground 3: Obviousness based on Haberman in combination with Evans
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`Ground 4: Obviousness based on Haberman in combination with Boger and in
`further combination with Evans
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`Grounds 3 and 4 rely on Evans "to the extent that Patent Owner argues
`'wireless data record' should be construed to require: (1) a date/time
`stamp field; (2) a location field; and (3) a confidence field…" Pet. at 51.
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`© Copyright 2023 Saul Ewing LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`U.S. PATENT NO. 9,088,868
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`25
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`Petitioner’s Grounds Fail To Establish the Following Claim Limitations:
`
`“accepting user input, from a user of a mobile application user interface of
`a user carried mobile data processing system, for configuring a user
`specified location based event configuration to be monitored and triggered
`by the mobile data processing system wherein the mobile data processing
`system uses the user specified location based event configuration to
`perform mobile data processing system operations”
`
`“accessing at least one memory storing a first identifier and a second
`identifier and a third identifier wherein each identifier is determined by the
`mobile data processing system for at least one location based condition
`monitored by the mobile data processing system for the mobile data
`processing system triggering a location based action, the location based
`action performed by the mobile data processing system upon the mobile
`data processing system determining the at least one location based
`condition including whether identifier data determined by the mobile data
`processing system for a wireless data record received for processing by the
`mobile data processing system matches the third identifier and at least one
`of the first identifier and the second identifier”
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`© Copyright 2023 Saul Ewing LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`U.S. PATENT NO. 9,088,868
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`26
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`accepting user input, from a user of a mobile application user interface of a user carried
`mobile data processing system, for configuring a user specified location based event
`configuration to be monitored and triggered by the mobile data processing system wherein
`the mobile data processing system uses the user specified location based event
`configuration to perform mobile data processing system operations comprising:
`
`Pet. at 13, 51; EX1002 at 47, 65
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`Pet. at 33, 59; EX1002 at 73
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`EX1002 at 26
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`U.S. PATENT NO. 9,088,868
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`27
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`Pet. at 14-15
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`© Copyright 2023 Saul Ewing LLP
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`U.S. PATENT NO. 9,088,868
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`Haberman’s disclosures of “preference profile”
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`28
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`© Copyright 2023 Saul Ewing LLP
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`U.S. PATENT NO. 9,088,868
`Preferences ≠ Privileges
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`29
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`PO alleges that ‘privilege’ should be construed
`according to its plain and ordinary meaning,
`which is ‘a right granted to users, programs,
`processes, or services to perform certain
`functions on a computer. … “[T]he ‘868 patent
`defines privileged data as any right ‘granted to
`one identity to another identity that can limit,
`enable, delegate or govern actions, feature(s),
`functionality, behavior(s), or any subset(s)
`thereof.’”
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`Petitioner’s Reply at 3.
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`© Copyright 2023 Saul Ewing LLP
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`EX2009, 47:12-48:2
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`U.S. PATENT NO. 9,088,868
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`30
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`EX1004
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`© Copyright 2023 Saul Ewing LLP
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`U.S. PATENT NO. 9,088,868
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`31
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`© Copyright 2023 Saul Ewing LLP
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`U.S. PATENT NO. 9,088,868
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`32
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`accepting user input, from a user of a mobile application user interface of a user carried
`mobile data processing system, for configuring a user specified location based event
`configuration to be monitored and triggered by the mobile data processing system wherein
`the mobile data processing system uses the user specified location based event
`configuration to perform mobile data processing system operations comprising:
`
`Haberman only recites “preferences”
`Preferences ≠ Privileges
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`© Copyright 2023 Saul Ewing LLP
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`U.S. PATENT NO. 9,088,868
`Identifier related limitations
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`33
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`“accessing at least one memory storing a first identifier and a second identifier and a third
`identifier wherein each identifier is determined by the mobile data processing system for at least
`one location based condition monitored by the mobile data processing system for the mobile data
`processing system triggering a location based action, the location based action performed by the
`mobile data processing system upon the mobile data processing system determining the at least one
`location based condition including whether identifier data determined by the mobile data
`processing system for a wireless data record received for processing by the mobile data processing
`system matches the third identifier and at least one of the first identifier and the second identifier”
`
`“the wireless data record corresponding to a beaconed broadcast wireless data transmission that is
`beaconed outbound from an originating data processing system to a destination data processing
`system, the first identifier indicative of the mobile data processing system of the mobile
`application user interface for use by the mobile data processing system in comparing the first
`identifier to the identifier data determined by the mobile data processing system for the wireless
`data record received for processing by the mobile data processing system, the second identifier
`indicative of originating data processing system identity data of the wireless data record received
`for processing for use by the mobile data processing system in comparing the second identifier to
`the identifier data determined by the mobile data processing system for the wireless data record
`received for processing by the mobile data processing system, the third identifier indicative of the
`originating data processing system of the wireless data record…”
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`U.S. PATENT NO. 9,088,868
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`Peitioner’s Arguments Related to Claimed First Identifier,
`Second Identifier, and Third Identifier
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`34
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`Pet. at 17
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`U.S. PATENT NO. 9,088,868
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`35
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`Petitioner’s Three Theories Regarding Claimed First Identifier
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`Internet Address
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`IP Address
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`Institution Decision at 17
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`U.S. PATENT NO. 9,088,868
`Petitioner’s Three Theories Regarding Claimed First Identifier
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`36
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`GPS data
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`© Copyright 2023 Saul Ewing LLP
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`https://www.scientificamerican.com/article/gps-is-doing-more-than-you-thought/
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`U.S. PATENT NO. 9,088,868
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`Second Identifier and Third Identifier
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`37
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`Pet. at 17
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`© Copyright 2023 Saul Ewing LLP
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`U.S. PATENT NO. 9,088,868
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`Second Identifier and Third Identifier
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`Petitioner’s argument
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`38
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`Pet. at 25
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`© Copyright 2023 Saul Ewing LLP
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`U.S. PATENT NO. 9,088,868
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`Second Identifier and Third Identifier
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`39
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`© Copyright 2023 Saul Ewing LLP
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`40
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`Ground 2: Haberman in combination with Boger
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`Boger teaches that the AM_ADDR is stored in the memory of the mobile device.
`EX1005, [0021]. For example, if any issue occurs where a mobile device needs to be
`assigned a new AM_ADDR, “[t]he new slot alignment offset, the new AM_ADDR and
`other information are sent to each slave using the original piconet communication
`parameters.” Id.; EX1002, ¶ 118.
`Boger teaches that “[t]he packet header includes information for packet
`acknowledgement and the AM_ADDR of the device for which the packet is intended.”
`EX1005, [0009]. “The master of a piconet uses the AM_ADDR to direct a packet to one
`of the slaves of the piconet.” EX1005, [0017]. As such, the mobile device uses the
`AM_ADDR in comparing the first identifier to the identifier data (e.g., the packet
`information) determined by the mobile device for the transmission received by the mobile
`device. EX1002, ¶ 119.
`It would have been obvious to a POSITA that in a Bluetooth implementation of
`Haberman, a mobile device in Haberman would include an AM_ADDR of the device for
`communication in the Bluetooth environment. EX1002, ¶ 120.
`One skilled in the art would have been motivated to combine the teachings of
`Boger with that of Haberman because Haberman teaches explicitly that transmission
`between the transmitter and the mobile device may be done by Bluetooth and Boger
`explains the details of the piconet topology of the Bluetooth protocol. EX1002, ¶ 121.
`Pet. at 35-36
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`U.S. PATENT NO. 9,088,868
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`Haberman Teaches Away from Boger Network
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`41
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`EX1004, ¶ [0008]
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`EX1004, ¶ [0119]
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`© Copyright 2023 Saul Ewing LLP
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`U.S. PATENT NO. 9,088,868
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`42
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`SECONDARY CONSIDERATIONS
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`Copying
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`Licenses
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`Commercial Success
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`© Copyright 2023 Saul Ewing LLP
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`Certification of Service Under 37 C.F.R. § 42.6(e)(4)
`
`The undersigned hereby certifies that on April 12, 2023, I caused a true and
`
`correct
`
`copy
`
`of
`
`the
`
`PATENT OWNER BILLJCO’S HEARING
`
`DEMONSTRATIVE EXHIBIT to be served on the following counsel for Petitioner
`
`by electronic mail to the following email addresses:
`
`Larissa S. Bifano
`
`Jonathan Hicks
`
`Zachary Conrad
`
`
`
`larissa.bifano@dlapiper.com
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`jonathan.hicks@dlapiper.com
`
`Zack.Conrad@dlapiper.com
`
`
`Date: April 12, 2023
`
`
`
`
`
`
`
`
`
`/Brian R. Michalek/
`(Reg. No. 65,816)
`Attorney for Patent Owner
`
`41180770.1
`
`4
`
`
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