`
`The Patent Reexamination Board of the State Intellectual Property Office
`
`of the People's Republic of China
`
`Patent No.
`
`201080013541.8
`
`Date of Issue
`
`Title of Invention
`
`MANAGING ASSOCIATED SESSIONS IN A NETWORK
`
`Patentee
`
`Petitioner
`
`KONINKLIJKE KPN N.V. and NEDERLANDSE ORGANISATIE
`VOOR
`TOEGEPAST-NATUURWETENSCHAPPELIJK
`ONDERZOEK TNO
`
`January 19, 2018
`
`Li AN
`
`Examination Decision on the Request for Invalidation
`
`(Decision No.
`
`34593
`
`)
`
`Pursuant to the provision of Article 46.1 of the Patent Law of the People's Republic of China, the Patent Reexamination
`
`Board of the State Intellectual Property Office has examined the request for invalidation filed by the Petitioner for
`
`invalidation in regard to the patent right mentioned in the above column and it is hereby decided as follow(s):
`
`(
`
`) the patent right is declared invalid in whole.
`
`( (cid:57) ) the patent right is declared invalid in part.
`
`(
`
`) the patent right is upheld.
`
`Pursuant to Article 46.2 of the Patent Law, anyone dissatisfied with this decision may institute proceedings in the Beijing
`
`Intellectual Property Court within 3 months from the date of receipt of this Decision. The opponent party should appear
`
`as a third party in the legal proceedings.
`
`Encl.: the text of this decision totalling
`
`49
`
`page(s) (starting from page 2)
`
`Patent Reexamination Board
`
`Head of the Panel: Hai JIANG; Chief examiner: Bin LIU; Associate examiner: Qiong GUO
`
`- 1 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 1 of 74
`
`
`
`Patent Reexamination Board of the State Intellectual Property Office
`
`of the People’s Republic of China
`
`Reexamination Decision on Request for Invalidation
`
`(No. 34593)
`
`KPN
`
`Case No.
`Date of Decision
`Title of the Invention-Creation
`International Classification No.
`Petitioner for Invalidation
`
`Patentee
`
`Patent No.
`Date of Filing
`Priority Date
`Date of Granting
`Date of Requesting Invalidation
`
`Legal basis
`
`Main points of the Decision:
`
`N.V.
`
`and
`
`4W106016
`December 27, 2017
`MANAGING ASSOCIATED SESSIONS IN A NETWORK
`H04L29/06
`Li AN
`NEDERLANDSE
`KONINKLIJKE
`VOOR
`ORGANISATIE
`TOEGEPAST-NATUURWETENSCHAPPELIJK ONDERZOEK
`TNO
`201080013541.8
`January 19, 2010
`January 19, 2009
`December 9, 2015
`July 7, 2017
`Article 26.3 of the Patent Law, Rule 20.1 of the Implementing
`Regulations of the Patent Law, Article 26.4, and Article 22.3 of
`the Patent Law
`
`If a person skilled in the art can implement the technical solution of the subject patent under the teachings of the
`description and obtain the corresponding technical effects, the description is sufficiently disclosed.
`
`Determination of clarity of a feature in a claim should be made by those skilled in the art by analyzing said feature
`in the entire technical solution; if the language of the claim is clear, the protection scope of the claim will not be
`rendered unclear.
`
`If the content of a claim can be obtained or summarized from the sufficient disclosure of the description, the claim
`is supported by the description.
`
`If the technical solution of a claim differs from a reference document serving as the closest prior art, while the
`distinguishing technical feature is not disclosed by other reference documents, there is no evidence to demonstrate
`that it belongs to general knowledge in the art prior to the filing date, and the claimed solution can achieve
`advantageous effects, then the solution claimed by the claim involves an inventive step.
`
`- 2 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 2 of 74
`
`
`
`I. Brief of the Case
`
`The instant Request
`
`for
`
`Invalidation relates
`
`to the PCT invention patent No.
`
`201080013541.8 entitled “MANAGING ASSOCIATED SESSIONS IN A NETWORK”
`
`(hereinafter referred to as "the subject patent"). The subject patent has a priority date of
`
`January 19, 2009, a filing date of January 19, 2010, a Chinese entry date of September 19,
`
`2011, and was granted on December 9, 2015 to KONINKLIJKE KPN N.V. and
`
`NEDERLANDSE
`
`ORGANISATIE
`
`VOOR
`
`TOEGEPAST-NATUURWETENSCHAPPELIJK ONDERZOEK TNO. The allowed
`
`claims of the subject patent read as follows.
`
`1. Method for managing associated sessions in a network, the network comprising a
`
`network element configured for managing associated sessions between the network and
`
`user equipment, the method comprising:
`
`- providing a composition session identifier for associating sessions in a network;
`
`- exchanging the composition session identifier between a user equipment and the network
`
`element; and
`
`- associating two or more sessions with the composition session identifier by exchanging
`
`the composition session identifier.
`
`2. Method according to claim 1, wherein the method further comprises the step of initiating
`
`a composition session.
`
`3. Method according to claim 2, wherein the method further comprises the steps of:
`
`- the user equipment generating a composition session identifier;
`
`- sending a request for initiating a composition session from the user equipment to the
`
`network element, the request comprising the composition session identifier.
`
`- 3 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 3 of 74
`
`
`
`4. Method according to claim 2, wherein the method further comprises the steps of:
`
`- sending a request for initiating a composition session from the user equipment to the
`
`network element;
`
`- the network element generating a composition session identifier in response to the receipt
`
`of the request;
`
`- sending the composition session identifier to the user equipment.
`
`5. Method according to any of claims 1-4, wherein the method further comprises the steps
`
`of:
`
`- the user equipment initiating two or more sessions by sending two or more session
`
`initiation requests for a session, to the network element, each request comprising the
`
`composition session identifier.
`
`6. Method according to claim 5, wherein the session initiation requests are sent by using a
`
`SIP INVITE message.
`
`7. Method according to any of claims 1-4, wherein the method further comprises the steps
`
`of:
`
`- the network element initiating two or more or more sessions by sending two or more
`
`requests for a session to the user equipment, each requests comprising the composition
`
`session identifier.
`
`8. Method according to claim 7, the requests for a session are sent by using a SIP INVITE
`
`message.
`
`9. Method according to any of claims 3-4, wherein the request for initiating a composition
`
`- 4 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 4 of 74
`
`
`
`session further comprises one or more session identifiers.
`
`10. Method according to claim 3-4, the request for initiating a composition session further
`
`comprises
`
`resource reservation information and/or
`
`resource allocation information
`
`associated with the one or more sessions identified by the session identifiers.
`
`11. Method according to claim 5, wherein the two or more sessions comprise at least one of
`
`a broadcast
`
`(BC)
`
`session associated with a BC identifier
`
`(BCServicelD),
`
`a
`
`content-on-demand (CoD) session associated with a CoD identifier (CoDID), a Targeted
`
`Advertisement Insertion (TAI) session associated with a TAI identifier, network personal
`
`video content (NPVC) session associated with a NPVR identifier (NPVRContentID), a
`
`user generated content (UGC) session associated with a UGC identifier, a Public Switched
`
`Telecommunications Network (PSTN) emulation session associated with a PSTN
`
`emulation identifier and/or a shared content (SC) session associated with a SC identifier.
`
`12. Method according to any of claims 1-4, wherein the combined streams of the associated
`
`sessions are presented to a user as a personalized composed multimedia stream.
`
`13 . Method according to any of claims 1-4, wherein the network further comprises storage
`
`means, the method further comprising the step of:
`
`- the network element storing the composition session identifier and two or more
`
`associated session identifiers in the storage means.
`
`14 . Method according to claim 13, wherein the storage means is a database.
`
`15. Method according to any of claims 2-4, the method further comprising the step of:
`
`- modifying the composition session by adding one or more sessions to the composition
`
`- 5 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 5 of 74
`
`
`
`session, by terminating; or modifying one or more sessions in the composition session
`
`and/or by transferring one or more sessions from the composition session to a further
`
`composition session or outside the composition session.
`
`16. Method according to any of claims 1-4, wherein the network is an IP Multimedia
`
`Subsystem (IMS) network comprising an IMS core connected to a Service Control
`
`Function SCF, the SCF configured for managing associated sessions between the network
`
`and the User Equipment.
`
`17. A system for managing associated sessions in a network, the system comprising:
`
`- a network element configured for managing associated sessions between the network and
`
`a user equipment; for exchanging a composition session identifier with a user equipment;
`
`and, for associating two or more sessions with the composition session identifier by
`
`exchanging the composition session identifier;
`
`- a user equipment configured for providing a composition session identifier for associating
`
`sessions in a network; and, for exchanging the composition session identifier with the
`
`network element.
`
`18. A user equipment for use in a system according to claim 17, the user equipment
`
`comprising:
`
`- an ID generator for generating a composition session identifier;
`
`- a multimedia client configured for receiving the composition session identifier from the
`
`ID generator; for exchanging the composition session identifier with a network element;
`
`for initiating one or more multimedia sessions with the network element; and for
`
`exchanging the composition session identifier with the network element during the set up
`
`of the multimedia sessions.
`
`- 6 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 6 of 74
`
`
`
`19. A user equipment according to claim 18, further configured for initiating a composition
`
`session.
`
`20. A network element for use in a system according to claim 17, the network element
`
`comprising:
`
`- a session manager configured for exchanging a composition session identifier with a user
`
`equipment;
`
`and for setting up and modifying multimedia sessions;
`
`- a storage means for storing composition session information, the composition session
`
`information comprising information regarding composition session and the associated
`
`sessions.
`
`21. A network element according to claim 20, further configured for initiating, and/or
`
`terminating and/or modifying a composition session.
`
`22. A network element according to claim 20 or 21,
`
`the network element further
`
`comprising:
`
`- an ID generator for generating a composition session identifier.
`
`23. Apparatus for managing associated sessions in a network, the network comprising a
`
`network element configured for managing associated sessions between the network and
`
`user equipment, the apparatus comprising:
`
`- unit for providing a composition session identifier for associating sessions in a network;
`
`- unit exchanging the composition session identifier between a user equipment and the
`
`network element; and
`
`- unit for associating two or more sessions with the composition session identifier by
`
`exchanging the composition session identifier.
`
`- 7 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 7 of 74
`
`
`
`Li AN (hereinafter referred to as "the Petitioner") filed on July 7, 2017 a Request for
`
`Invalidation with the Patent Reexamination Board (hereinafter referred to as “the PRB”) on
`
`the grounds that claims 1-23 lack a clear scope of protection and thus do not conform to
`
`Article 26.4 of the Patent Law, and claims 1-23 lack support in the description and thus do
`
`not conform to Article 26.4 of the Patent Law, requesting the PRB to declare claims 1-23
`
`of the subject patent invalid in whole, and meanwhile presented the following exhibit:
`
`Annex 1: a copy of the Chinese invention patent CN102356623B, published on December
`
`9, 2015 (i.e., the granted text of the subject patent).
`
`After the examination as to formalities was passed, the Patent Reexamination Board
`
`accepted the aforesaid Request on August 4, 2017, and transferred to the Patentee the
`
`Request for Invalidation and a copy of the exhibit. In the meantime, a collegiate panel
`
`(hereinafter referred to as "the Panel") was established to examine the case at issue.
`
`The Petitioner submitted on August 7, 2017 supplementary observations, supplementing
`
`the reasons for invalidation and the following exhibits.
`
`Exhibit 1: a copy of the Chinese invention patent application CN1993947A, published on
`
`July 4, 2007;
`
`Exhibit 2: a copy of the US patent application US2008/0089344A1, and Chinese
`
`translation in part, published on April 17, 2008;
`
`Exhibit 3: a copy of Beijing Jiaotong University Master thesis entitled "Research and
`
`Implementation of IMS Based Video Conference System", Yang HAN, 76 pages, allegedly
`
`published in August, 2008;
`
`Exhibit 4: copies of screenshots for the process of retrieving Exhibit 3 from CNKI, totaling
`
`11 pages;
`
`- 8 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 8 of 74
`
`
`
`Exhibit 5: a copy of the Chinese invention patent CN102356623B (namely, the granted text
`
`of the subject patent), published on December 9, 2015.
`
`The supplementary grounds for invalidation are as follows: (1) the description lacks a
`
`sufficient disclosure, such that the technical solutions of claims 1-23 cannot be enabled,
`
`contrary to Article 26.3 of the Patent Law; (2) claims 1-23 lack a clear scope of protection
`
`and thus do not conform to Article 26.4 of the Patent Law; (3) claims 1-23 lack support in
`
`the description and thus do not conform to Article 26.4 of the Patent Law; (4) claims 1-9,
`
`12, 17 and 23 possess no novelty in the sense of Article 22.2 of the Patent Law; and (5)
`
`claims 1-23 involve no inventive step in the sense of Article 22.3 of the Patent Law,
`
`specifically for the following reasons:
`
`independent claims 1, 17 and 23 are not inventive in view of the combination of Exhibit 1
`
`with general knowledge, or the combination of Exhibit 1 and Exhibit 3, or the combination
`
`of Exhibit 2 and general knowledge, or the combination of Exhibit 3 and general
`
`knowledge;
`
`the additional technical features of claims 2, 9, 19 are disclosed by Exhibit 1, or Exhibit 2,
`
`or Exhibit 3, or pertain to general knowledge in the art;
`
`the additional features of claim 3 are disclosed by Exhibit 1 or Exhibit 2, or pertain to
`
`general knowledge in the art;
`
`the additional technical features of claims 4, 6, 8, 21 and 22 are disclosed by Exhibit 1 or
`
`Exhibit 3 or pertain to general knowledge in the art;
`
`the additional
`
`technical features of claim 7 are disclosed by Exhibit 3 or by the
`
`- 9 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 9 of 74
`
`
`
`combination of Exhibit 1, Exhibit 2 and general knowledge, or belong to general
`
`knowledge in the art;
`
`the additional technical features of claims 10 and 14 are disclosed by Exhibit 3 in
`
`combination with general knowledge, or pertain to general knowledge in the art;
`
`the additional technical features of claim 11 are disclosed by the combination of Exhibit 1,
`
`Exhibit 2 and general knowledge, or by the combination of Exhibit 3 and general
`
`knowledge, or pertain to general knowledge in the art;
`
`the additional technical features of claims 12 and 16 are disclosed by Exhibit 3 or belong to
`
`general knowledge in the art;
`
`the additional technical features of claim 13 are disclosed by Exhibit 1 in combination with
`
`general knowledge or by Exhibit 3 in combination with general knowledge, or pertain to
`
`general knowledge in the art; and
`
`the additional technical features of claim 15, 18 and 20 are disclosed by Exhibit 1 in
`
`combination with general knowledge of the art, or by Exhibit 2 in combination with
`
`general knowledge of the art, or by Exhibit 3 in combination with general knowledge of the
`
`art, or pertain to general knowledge in the art.
`
`On August 31, 2017,
`
`the Panel
`
`issued a Notification of Transferring Documents,
`
`transferring the supplementary observations and the copies of exhibits furnished by the
`
`Petitioner on August 7, 2017 to the Patentee.
`
`With regard to the Petitioner's observations submitted on July 7, 2017 and August 7, 2017,
`
`- 10 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 10 of 74
`
`
`
`the Patentee submitted a Response on September 19, 2017, submitting that no
`invalidation grounds raised by the Petitioner are tenable. The Panel issued a Notice of
`Forwarding Documents on September 27, 2017, forwarding the Response that the
`Patentee submitted on September 19, 2017 to the Petitioner. On the same day, the
`Panel issued a Notification of Oral Hearing to both parties, informing them that oral
`hearing were scheduled on November 29, 2017. The Patentee submitted a Response
`on October 16, 2017, arguing that all invalidation reasons raised by the Petitioner are
`untenable. Meanwhile the Patentee submitted amendment to the claims by
`incorporating claims 1, 2, 3, 5 and 15, further delimiting claim 17, deleting claim 23,
`and renumbering the claims. The amended claim set reads as follows.
`
`1. Method for managing associated sessions in a network, the network comprising a
`network element configured for managing associated sessions between the network
`and
`user equipment, the method comprising:
`- providing a composition session identifier for associating sessions in a network;
`- exchanging the composition session identifier between a user equipment and the
`network element; and
`- associating two or more sessions with the composition session identifier by
`exchanging the composition session identifier,
`wherein the method further comprises the step of initiating a composition session,
`wherein the method further comprises the steps of:
`- the user equipment generating a composition session identifier;
`- sending a request for initiating a composition session from the user equipment to the
`network element, the request comprising the composition session identifier,
`wherein the method further comprises the steps of:
`- the user equipment initiating two or more sessions by sending two or more session
`initiation requests for a session, to the network element, each request comprising the
`composition session identifier,
`the method further comprising the step of:
`- modifying the composition session by adding one or more sessions to the
`composition
`session, by terminating; or modifying one or more sessions in the composition session
`and/or by transferring one or more sessions from the composition session to a further
`composition session or outside the composition session.
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 11 of 74
`
`
`
`2. Method according to claim 1, wherein the session initiation requests are sent by using a
`
`SIP INVITE message.
`
`3. Method according to claim 1, wherein the method further comprises the steps of:
`
`- the network element initiating two or more sessions by sending two or more requests for a
`
`session to the user equipment, each requests comprising the composition session identifier.
`
`4. Method according to claim 3, the requests for a session are sent by using a SIP INVITE
`
`message.
`
`5. Method according to claim 1, wherein the request for initiating a composition session
`
`further comprises one or more session identifiers.
`
`6. Method according to claim 1, the request for initiating a composition session further
`
`comprises
`
`resource reservation information and/or
`
`resource allocation information
`
`associated with the one or more sessions identified by the session identifiers.
`
`7. Method according to claim 1, wherein the two or more sessions comprise at least one of
`
`a broadcast
`
`(BC)
`
`session associated with a BC identifier
`
`(BCServiceID),
`
`a
`
`content-on-demand (CoD) session associated with a CoD identifier (CoDID), a Targeted
`
`Advertisement Insertion (TAI) session associated with a TAI identifier, network personal
`
`video content (NPVC) session associated with a NPVR identifier (NPVRContentID), a
`
`user generated content (UGC) session associated with a UGC identifier, a Public Switched
`
`Telecommunications Network (PSTN) emulation session associated with a PSTN
`
`emulation identifier and/or a shared content (SC) session associated with a SC identifier.
`
`- 12 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 12 of 74
`
`
`
`8. Method according to claim 1, wherein the combined streams of the associated sessions
`
`are presented to a use as a personalized composed multimedia stream.
`
`9 . Method according to claim 1, wherein the network further comprises storage means,
`
`the method further comprising the step of:
`
`- the network element storing the composition session identifier and two or more
`
`associated session identifiers in the storage means.
`
`10 . Method according to claim 9, wherein the storage means is a database.
`
`11. Method according to claim 1, wherein the network is an IP Multimedia Subsystem
`
`(IMS) network comprising an IMS core connected to a Service Control Function SCF, the
`
`SCF configured for managing associated sessions between the network and the User
`
`Equipment.
`
`12. A system for managing associated sessions in a network, the system comprising:
`
`- a network element configured for managing associated sessions between the network and
`
`a user equipment; for exchanging a composition session identifier with a user equipment;
`
`and, for associating two or more sessions with the composition session identifier by
`
`exchanging the composition session identifier;
`
`- a user equipment configured for providing a composition session identifier for associating
`
`sessions in a network; and, for exchanging the composition session identifier with the
`
`network element,
`
`- the user equipment generating a composition session identifier;
`
`- sending a request for initiating a composition session from the user equipment to the
`
`network element, the request comprising the composition session identifier,
`
`- the user equipment initiating two or more sessions by sending two or more session
`
`- 13 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 13 of 74
`
`
`
`initiation requests for a session, to the network element, each request comprising the
`
`composition session identifier,
`
`- modifying the composition session by adding one or more sessions to the composition
`
`session, by terminating; or modifying one or more sessions in the composition session
`
`and/or by transferring one or more sessions from the composition session to a further
`
`composition session or outside the composition session.
`
`13. A user equipment for use in a system according to claim 12, the user equipment
`
`comprising:
`
`- an ID generator for generating a composition session identifier;
`
`- a multimedia client configured for receiving the composition session identifier from the
`
`ID generator; exchanging the composition session identifier with a network element; for
`
`initiating one or more multimedia sessions with the network element; and for exchanging
`
`the composition session identifier with the network element during the set up of the
`
`multimedia sessions.
`
`14. A user equipment according to claim 13, further configured for initiating a composition
`
`session.
`
`15. A network element for use in a system according to claim 12, the network element
`
`comprising:
`
`- a session manager configured for exchanging a composition session identifier with a user
`
`equipment; and for setting up and modifying multimedia sessions;
`
`- a storage means for storing composition session information, the composition session
`
`information comprising information regarding composition session and the associated
`
`sessions.
`
`- 14 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 14 of 74
`
`
`
`16. A network element according to claim 15, further configured for initiating, and or
`
`terminating and or modifying a composition session.
`
`17. A network element according to claim 15 or 16,
`
`the network element further
`
`comprising:
`
`- an ID generator for generating a composition session identifier.
`
`On October 23, 2017,
`
`the Panel
`
`issued a Notification of Transferring Documents,
`
`transferring to the Petitioner the Patentee's Response and the amended claim set submitted
`
`on October 16, 2017.
`
`The oral hearing was held on schedule, and both parties attended the hearing. In the oral
`
`hearing, both parties acknowledged the identities of the persons present in court, raised no
`
`recusation to the change of the Panel members, and raised no challenge to the composition
`
`of
`
`the Panel. The Petitioner proffered in court
`
`the original of
`
`the notarial deed
`
`2017-Jing-Guo-Xin-Nei-Min-Zheng-Zi No. 09419 to justify the
`
`source and the
`
`preservation process of Exhibit 3. Upon confirmation, the Patentee raised no objection to
`
`the authenticity and publication date of all the exhibits, and the accuracy of Chinese
`
`translation of Exhibit 2.
`
`The Petitioner expounded in court the following views. Firstly, the Petitioner had no
`
`objection to the claim amendment. Secondly, in re the amended claim set, the Petitioner
`
`clarified that the observations and exhibits submitted by the Petitioner on August 7, 2017
`
`shall prevail as the grounds and exhibits for invalidation, the specific invalidation reasons
`
`still apply to the amended claims 1-17, and Rule 20.1 of the Implementing Regulations of
`
`the Patent Law shall apply to lack-of-clarity of the claims. To be specific, (1) the
`
`description lacks a sufficient disclosure, such that the technical solutions of claims 1-17
`
`- 15 -
`
`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 15 of 74
`
`
`
`cannot be enabled, contrary to Article 26.3 of the Patent Law; (2) claims 1-17 lack a clear
`
`scope of protection and thus do not conform to Rule 20.1 of the Implementing Regulations
`
`of the Patent Law; (3) claims 1-17 lack support in the description and thus do not conform
`
`to Article 26.4 of the Patent Law; (4) all invalidation reasons regarding novelty are
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`withdrawn; and (5) claims 1-17 involve no inventive step in the sense of Article 22.3 of the
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`Patent Law, specifically for the following reasons:
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`independent claims 1 and 12 are not inventive in view of the combination of Exhibit 1 with
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`general knowledge, or the combination of Exhibit 1, Exhibit 3 and general knowledge of
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`the art, or the combination of Exhibit 1, Exhibit 2 and general knowledge, or the
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`combination of Exhibit 2 and general knowledge, or the combination of Exhibit 2, Exhibit
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`1 and general knowledge, or the combination of Exhibit 2, Exhibit 3 and general
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`knowledge, or the combination of Exhibit 3 and general knowledge, or the combination of
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`Exhibit 3, Exhibit 1 and general knowledge, or the combination of Exhibit 3, Exhibit 2 and
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`general knowledge;
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`the additional technical features of claims 5 and 14 are disclosed by Exhibit 1, or Exhibit 2,
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`or Exhibit 3, or pertain to general knowledge in the art;
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`the additional technical features of claims 2, 4, 16 and 17 are disclosed by Exhibit 1 or
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`Exhibit 3 or pertain to general knowledge in the art;
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`the additional
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`technical features of claim 3 are disclosed by Exhibit 3 or by the
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`combination of Exhibit 1, Exhibit 2 and general knowledge, or belong to general
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`knowledge in the art;
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`the additional
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`technical features of claims 6 and 10 are disclosed by Exhibit 3 in
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`- 16 -
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`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 16 of 74
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`
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`combination with general knowledge, or pertain to general knowledge in the art;
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`the additional technical features of claim 7 are disclosed by Exhibit 1, Exhibit 2 in
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`combination with general knowledge, or by Exhibit 3 in combination with general
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`knowledge, or pertain to general knowledge in the art;
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`the additional technical features of claims 8 and 11 are disclosed by Exhibit 3 or belong to
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`general knowledge in the art;
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`the additional technical features of claim 9 are disclosed by Exhibit 1 in combination with
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`general knowledge or by Exhibit 3 in combination with general knowledge, or pertain to
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`general knowledge in the art; and
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`the additional
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`technical features of claim 13 and 15 are disclosed by Exhibit 1 in
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`combination with general knowledge of the art, or by Exhibit 2 in combination with
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`general knowledge of the art, or by Exhibit 3 in combination with general knowledge of the
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`art, or pertain to general knowledge in the art.
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`During the oral hearing, both parties fully aired their views on the basis of the written
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`observations.
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`Having gone through the procedures above, the Panel holds that the facts of this case are
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`clear, and a decision can be made.
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`II. Reasons for the decision
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`1. The basis for collegiate examination and the application of laws
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`- 17 -
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`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 17 of 74
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`The Patentee submitted on October 16, 2017 the amended claim set. Upon examination, the
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`amendment is in compliance with Rule 69 of the Implementing Regulations of the Patent
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`Law and the provisions of Guidelines for Examination as set forth in Part IV, Chapter 3,
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`Section 4.6. As such,
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`the instant Reexamination Decision is based on claims 1-17
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`submitted by the Patentee on October 16, 2017.
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`Pursuant to the transitional measures on implementing the amended Patent Law and the
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`amended Implementing Regulations of the Patent Law, the Patent Law amended on August
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`25, 2000 for the second time and the Implementing Regulations of the Patent Law
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`amended on December 28, 2002 for the first time shall apply.
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`2. In re the exhibits
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`Exhibits 1 and 2 proffered by the Petitioner pertain to published patent literature. Exhibit 3
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`is a master's thesis downloaded from the official website of CNKI, which website displays
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`that the IT series of the full-text database of Chinese Excellent Master's Thesis have a
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`publication date of July 16 to August 15, 2008. The Petitioner furnished the notarial deed
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`2017-Jing-Guo-Xin-Nei-Min-Zheng-Zi No. 09419,
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`justifying the
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`source
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`and the
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`preservation process of Exhibit 3. The Patentee raised no objection to the authenticity and
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`publication dates of Exhibits 1, 2 and 3. Upon verification, the Panel acknowledges the
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`authenticity of Exhibits 1, 2 and 3, confirms that Exhibits 1, 2 and 3 were all published
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`before the filing date of the subject patent and can serve as the prior art to evaluate the
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`inventiveness of the subject patent, and determines that the Chinese translation of Exhibit 2
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`submitted by the Petitioner shall prevail as the disclosure of Exhibit 2.
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`3. With regard to Article 26.3 of the Patent Law
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`- 18 -
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`Koninklijke KPN NV - Exhibit 2022
`Ericsson Inc. v. Koninklijke KPN NV PTAB-IPR2022-00557
`Page 18 of 74
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`Pursuant to Article 26.3 of the Patent Law, the description shall set forth the invention or
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`utility model in a manner sufficiently clear and complete so as to enable a person skilled in
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`the relevant field of technology to carry it out.
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`(1) The Petitioner deems that:
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`claims 1-17 all recite "associating two or more sessions with the composition session
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`identifier by exchanging the composition session identifier"; however, the description of
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`the subject patent neither discloses how "two or more sessions with the composition
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`session identifier" are associated "by exchanging the composition session identifier", nor
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`explicates which specific relationship between "two or more sessions" and "the
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`composition session identifier" belongs to "association"; hence an insufficient disclosure.
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`However, the Panel is of the following opinions. The description of the subject patent
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`recites in paras. 0011, 0012, 0066 and 0067 that:
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`The composition session identifier, if generated by the user equipment, or provided to the
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`user equipment via a third party provider (such as via an Electronic Program Guide), may
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`be sent to the network element where the session management takes place. Alternatively,
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`the composition session identifier may be sent to the user equipment from or under control
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`of the network elem