Inter Partes Review
`U.S. Patent No. 10,223,692
`
`Apple Inc. v. Mozido Corfire – Korea, Ltd., Case IPR2022-01149
`
`Jonathan Bowser,
`Haynes Boone, LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`APPL-1024 / IPR2022-01149 / Page 1 of 37
`Apple Inc. v. Mozido Corfire-Korea, Ltd.
`
`
`U.S. Patent No. 10,223,692
`
`Apple Inc. v. Mozido Corfire – Korea, Ltd., Case IPR2022-01149
`
`Jonathan Bowser,
`Haynes Boone, LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`APPL-1024 / IPR2022-01149 / Page 1 of 37
`Apple Inc. v. Mozido Corfire-Korea, Ltd.
`
`
`
`Background on ’692 Patent
`
`APPL-1001, 1:49-57
`
`APPL-1001, 4:36-48
`
`APPL-1001 (’692 patent), 1:49-57, 4:36-48; Pet., 3-4.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`2
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`2
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`
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`Background on ’692 Patent
`
`APPL-1001, 4:56-65
`
`APPL-1001, 5:42-47
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`APPL-1001, 4:56-65, 5:42-47; Pet., 4-6.
`3
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`3
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`
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`Instituted Claims and Grounds
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Pet., 13; Institution Decision, 8.
`4
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`4
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`
`
`Claim 1 of the ’692 Patent
`
`[1.6.1]
`[1.6.2]
`
`[1.6.3]
`
`[1.7.1]
`
`[1.7.2]
`[1.8]
`
`[1.0]
`
`[1.1]
`
`[1.2]
`
`[1.3]
`
`[1.4]
`
`[1.5]
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`APPL-1001, claim 1
`5
`
`5
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`
`
`Claim Construction
`
`The “temporary payment card” limitations are obvious
`
`Displaying a numerical indicator of a payable time is obvious
`
`The claimed visual animation features are obvious
`
`Dependent claims 2 and 3 are obvious
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`6
`
`6
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`
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`Claim Construction
`
`Petitioner’s Constructions
`
`Due to an error in claims 1 and 13, Petitioner construed:
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Pet., 7-11; Inst. Dec., 16
`7
`7
`
`
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`The Board Should Adopt PO’s Construction to Correct Errors in Claims 1 & 13
`
`Patent Owner’s Construction
`
`Petitioner’s Expert
`
`Reply, 8-11; APPL-1020, ¶¶ 28-29; Resp. 15-16; Ex. 2004, ¶¶ 68-69.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`8
`8
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`
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`The Board Should Construe “Temporary Payment Card” According to its
`Plain and Ordinary Meaning
`
`[1.0]
`
`[1.4]
`
`[1.8]
`
`Claim 1
`
`* * * *
`
`* * * *
`
`The plain and ordinary meaning of a “temporary payment
`card” is a payment card that can be used for a limited time.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`APPL-1001, claim 1; Reply, 2.
`9
`9
`
`
`
`The Board Should Construe Temporary Payment Card According to its
`Plain and Ordinary Meaning
`Petitioner’s Expert
`
`APPL-1022
`
`APPL-1023
`
`Reply, 2; APPL-1020, ¶¶ 13-14; APPL-1022; APPL-1023.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`10
`10
`
`
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`PO’s Construction of “Temporary Payment Card” is Wrong
`
`Patent Owner’s Construction
`
`Patent Owner’s construction:
`•
`is not required by the claims
`•
`renders superfluous portions of limitations [1.8]
`and [13.9]
`imports limitations from the specification based on
`two conditions that are not required by the claims
`• excludes embodiments from the specification
`
`•
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Reply, 2-8; Resp., 7.
`11
`11
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`
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`PO’s Construction is Not Required By the Claims
`
`Claim 1
`
`PO’s Construction
`
`[1.0]
`
`[1.4]
`
`[1.8]
`
`* * * *
`
`* * * *
`
`Petitioner’s Expert
`
`Reply, 3; APPL-1020, ¶ 19; APPL-1001, claim 1; Resp., 6.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`12
`12
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`
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`PO’s Construction Renders Condition in [1.8] / [13.9] Superfluous
`
`Claim 1
`
`[1.8]
`
`PO’s Construction
`
`Petitioner’s Expert
`
`Reply, 7-8; APPL-1020, ¶ 25; APPL-1001, claim 1; Resp., 6.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`13
`13
`
`
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`PO’s Construction is Based on the Combination of Two Conditions
`Not Required By the Claims
`
`PO imports two conditions into “temporary payment card”
`
`(1)
`
`(2)
`
`Reply, 4-5; Ex.2004, ¶ 39; APPL-1020, ¶ 22.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`14
`14
`
`
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`PO’s Construction Excludes Embodiments About User Resetting
`Temporary Payment Card
`
`PO’s Construction
`
`’692 Patent
`
`APPL-1001, 5:16-19
`
`• PO’s construction does not
`include the condition in Fig. 13
`where the user resets the
`temporary payment card while
`payable time still remains.
`
`Reply, 5-7; APPL-1001, 5:16-19, 2:1-3, Fig. 13; APPL-1020, ¶¶ 23-24.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`15
`15
`
`
`
`Claim Construction
`
`The “temporary payment card” limitations are obvious
`
`Displaying a numerical indicator of a payable time is obvious
`
`The claimed visual animation features are obvious
`
`Dependent claims 2 and 3 are obvious
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`16
`
`16
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`
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`Hertel Discloses Setting a Temporary Payment Card Because it Sets a
`Payment Instrument to Use for a Particular Transaction
`Hertel
`Claim 1
`
`[1.0]
`
`Hertel
`
`* * * *
`
`* * * *
`
`* * * *
`
`Pet., 18-19, APPL-1005, ¶¶ 206-207, 203-204, 230, 216, Fig. 17; Reply, 15-17.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`17
`17
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`
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`Patent Owner’s Arguments Against Hertel Rely Entirely On Its
`Erroneous Claim Construction
`
`Patent Owner’s Response
`
`* * * *
`
`* * * *
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Reply, 12, 13; Resp. 18-19, 34.
`18
`18
`
`
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`Even Under PO’s Construction, a Payment Card Used for a Specific
`Transaction is a Temporary Payment Card Usable for a Payable Time
`PO’s Expert
`
`PO’s Expert
`
`PO’s Construction
`
`Reply, 15-16; Ex.2004, ¶ 46; APPL-1021, 43:24-44:2.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`19
`19
`
`
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`Patent Owner Does Not Contest That [1.0] is Obvious Over Hertel and Chitti
`
`Petition
`
`* * * *
`
`Patent Owner
`
`Pet., 20 ([1.0]), 35-37 ([1.4]); Reply, 13-14; Resp. 34.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`20
`20
`
`
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`Chitti Discloses a Temporary Payment Card
`
`Chitti
`
`Default Card
`
`Setting a Different Card
`
`* * * *
`
`* * * *
`
`* * * *
`
`Pet., 35-37, APPL-1006, Abstract, ¶¶ 26-27, 31, 66; Reply, 14, 17-19.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`21
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`21
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`
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`Limitation [1.8] is Obvious
`
`Petition
`
`PO argues against a combination not presented in the Petition.
`
`PO does not contest the Petition’s showing that Hertel discloses [1.3].
`
`Pet., 57 ([1.8]), 28-35 (Hertel discloses [1.3]); Reply, 19; Resp. 45.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`22
`22
`
`
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`Chitti and Spodak Both Disclose Resetting the Temporary Payment Card to a
`Default Card, Such That Payments are Made With the Default Card
`Spodak
`Chitti
`
`Petitioner’s Expert
`
`Pet., 57-58; APPL-1006, ¶ 31; APPL-1008, ¶ 90; APPL-1003, ¶¶ 163-165.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`23
`23
`
`
`
`Claim Construction
`
`The “temporary payment card” limitations are obvious
`
`Displaying a numerical indicator of a payable time is obvious
`
`The claimed visual animation features are obvious
`
`Dependent claims 2 and 3 are obvious
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`24
`
`24
`
`
`
`Spodak Discloses a Limited Time During Which a Payment is Made By a
`Temporary Payment Card
`
`Spodak
`
`APPL-1008, ¶ 90
`
`Pet., 37-38; APPL-1008, ¶ 90; Reply, 21-22.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`25
`25
`
`
`
`Tedesco Discloses a Numerical Countdown Indicator as a User Interface to
`Indicate a Time Remaining
`Tedesco
`
`Pet., 39-41; APPL-1007, 8:14-24, Fig. 18; Reply, 27-28.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`26
`26
`
`
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`Tedesco is Analogous Art to the ’692 Patent
`
`Petitioner’s Expert
`
`• PO’s expert did not address Dr. Houh’s showing that Tedesco is analogous art
`under the reasonably pertinent part of the analogous-art test.
`Pet., 12-13; APPL-1003, ¶ 65; Reply, 20-21.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`27
`27
`
`
`
`Motivations to Combine
`
`Petitioner’s Expert
`
`Petitioner’s Expert
`
`* * * *
`
`APPL-1003, ¶¶ 123-124
`
`APPL-1003, ¶ 119
`
`Pet., 37-41; APPL-1003, ¶¶ 119, 123-124; Reply, 21-22.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`28
`28
`
`
`
`Claim Construction
`
`The “temporary payment card” limitations are obvious
`
`Displaying a numerical indicator of a payable time is obvious
`
`The claimed visual animation features are obvious
`
`Dependent claims 2 and 3 are obvious
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`29
`
`29
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`
`
`Under PO’s Construction, Hertel Teaches Moving the Mobile Payment Card
`From the First Portion Towards the Second Portion of the Screen
`Claim 1
`
`[1.6.2]
`
`Hertel
`
`• Hertel teaches it was
`known to move a payment
`card on a screen by
`dragging and dropping the
`payment card.
`
`Pet., 43-47; APPL-1020, ¶ 35; APPL-1005, Fig. 17; Reply, 20-21.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`30
`30
`
`
`
`Hertel and Tedesco Render Obvious Moving the Mobile Payment Card a First
`Distance Proportional to an Amount of Payable Time That Has Passed
`Claim 1
`
`[1.6.2]
`
`[1.7.1]
`
`Tedesco
`
`APPL-1007, claim 1
`
`APPL-1007, 2:44-47
`
`•
`
`Tedesco teaches it was a known
`technique to move a user interface
`element based on time that has passed.
`
`Pet., 48-54, 57; APPL-1007, Fig. 18, claim 1, 2:44-47.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`31
`31
`
`
`
`Decrementing the Numerical Indicator a First Difference to Display a Remaining
`Payable Time is Obvious
`Claim 1
`
`[1.6.3]
`
`[1.7.2]
`
`Spodak discloses a payable time
`
`Tedesco discloses decrementing a
`numerical indicator
`
`APPL-1008, ¶ 90
`
`APPL-1007, 8:14-24
`
`Pet., 54-57; APPL-1003, ¶¶ 152-156; APPL-1008, ¶ 90; APPL-1007, 8:14-24, Fig. 18.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`32
`32
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`
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`Tedesco Renders Obvious Displaying Both Limitations [1.6.2] and [1.6.3]
`Simultaneously
`
`Petitioner’s Expert
`
`Claim 1
`
`[1.6.1]
`[1.6.2]
`
`[1.6.3]
`
`Tedesco
`
`APPL-1003, ¶¶ 128-129
`
`Pet., 41-43; APPL-1007, Abstract, 2:39-49, Fig. 18; APPL-1003, ¶¶ 128-129; Reply, 27-28.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`33
`33
`
`
`
`Claim Construction
`
`The “temporary payment card” limitations are obvious
`
`Displaying a numerical indicator of a payable time is obvious
`
`The claimed visual animation features are obvious
`
`Dependent claims 2 and 3 are obvious
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`34
`
`34
`
`
`
`Claim 2: Detecting the User Input Sliding the Mobile Payment Card to an
`Original Position is Obvious
`Claim 2
`
`[2.2]
`
`Card Selection
`
`Hertel
`
`Rollback
`
`Pet., 60-64; Reply, 28-29, 24-27; APPL-1003, ¶¶ 135-139; APPL-1005, Figs. 17 & 37, ¶¶ 218, 288.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`35
`35
`
`
`
`Claim 3: Resetting the Temporary Payment Card When a Payment is Made
`Within the Payable Time is Obvious
`Claim 3
`
`[3.1]
`
`Spodak discloses a payable time
`
`Chitti reverts to default card
`
`APPL-1006, ¶ 31
`
`Petitioner’s Expert
`
`APPL-1008, ¶ 90
`
`Pet., 65-67; APPL-1008, ¶ 90; APPL-1006, ¶ 31; APPL-1003, ¶¶ 181-183.
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`36
`36
`
`APPL-1003, ¶ 182
`
`
`
`Inter Partes Review
`U.S. Patent No. 10,223,692
`
`Apple Inc. v. Mozido Corfire – Korea, Ltd., Case IPR2022-01149
`
`Jonathan Bowser,
`Haynes Boone, LLP
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`37
`
`
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