throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 54
`Entered: February 13, 2024
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. and APPLE INC.,
`Petitioner,
`v.
`SMART MOBILE TECHNOLOGIES LLC,
`Patent Owner.
`
`IPR2022-01249
`Patent 9,019,946 B1
`
`
`
`
`
`
`
`
`
`Before HYUN J. JUNG, GARTH D. BAER, and AARON W. MOORE,
`Administrative Patent Judges.
`JUNG, Administrative Patent Judge.
`
`
`
`
`ERRATA
`
`
`
`
`
`
`
`

`

`IPR2022-01249
`Patent 9,019,946 B1
`The panel modifies the Final Written Decision (Paper 53, “Decision”)
`to address the erroneous inclusion of claim 26 as not being shown to be
`unpatentable. As discussed in Section II.H.3. of the Decision, Petitioner
`persuaded us by a preponderance of the evidence that claim 26 is
`unpatentable. Paper 53, 70–71.
`On page 2 of the Decision, the first paragraph reads:
`We have jurisdiction under 35 U.S.C. § 6. This Final
`Written Decision is issued pursuant to 35 U.S.C. § 318(a) and 37
`C.F.R. § 42.73. For the reasons that follow, we determine that
`Samsung Electronics Co., Ltd., Samsung Electronics America,
`Inc., and Apple Inc. (collectively, “Petitioner”) have shown by a
`preponderance of the evidence that claims 14, 15, 17–21, and 27–
`30, but not claims 1–13, 16, and 26, of U.S. Patent No. 9,019,946
`B1 (Ex. 1001, “the ’946 patent”) are unpatentable. We also grant
`Petitioner’s Motion to Submit Supplemental Information.
`We change the first paragraph on page 2 to read:
`We have jurisdiction under 35 U.S.C. § 6. This Final
`Written Decision is issued pursuant to 35 U.S.C. § 318(a) and 37
`C.F.R. § 42.73. For the reasons that follow, we determine that
`Samsung Electronics Co., Ltd., Samsung Electronics America,
`Inc., and Apple Inc. (collectively, “Petitioner”) have shown by a
`preponderance of the evidence that claims 14, 15, 17–21, and 26–
`30, but not claims 1–13, and 16, of U.S. Patent No. 9,019,946 B1
`(Ex. 1001, “the ’946 patent”) are unpatentable. We also grant
`Petitioner’s Motion to Submit Supplemental Information.
`
`2
`
`

`

`Claims
`Shown
`Unpatentable
`
`Claims
`Not Shown
`Unpatentable
`
`14, 15
`
`
`
`17–21
`
`1–11, 16
`
`
`
`
`
`12
`
`13, 26
`
`27–30
`
`
`
`14, 15, 17–21,
`27–30
`
`1–13, 16, 26
`
`IPR2022-01249
`Patent 9,019,946 B1
`On page 87 of the Decision, the table reads:
`In summary:
`Claims
`35 U.S.C.
`

`
`References/Basis
`
`Yegoshin,
`Johnston,
`Billström
`Yegoshin,
`Johnston,
`Billström,
`Bernard
`Yegoshin,
`Johnston,
`Billström,
`Bernard, WO748
`Yegoshin,
`Johnston,
`Billström,
`Bernard, Sainton
`Yegoshin,
`Johnston,
`Billström,
`Bernard, Preiss
`
`
`14, 15
`
`103(a)
`
`1–11,
`16–21
`
`103(a)
`
`12
`
`103(a)
`
`13, 26
`
`103(a)
`
`27–30
`
`103(a)
`
`
`
`Overall
`Outcome
`
`
`3
`
`

`

`IPR2022-01249
`Patent 9,019,946 B1
`We change the table to read:
`In summary:
`Claims
`35 U.S.C.
`

`
`References/Basis
`
`14, 15
`
`103(a)
`
`1–11,
`16–21
`
`103(a)
`
`12
`
`103(a)
`
`13, 26
`
`103(a)
`
`27–30
`
`103(a)
`
`
`
`Yegoshin,
`Johnston,
`Billström
`Yegoshin,
`Johnston,
`Billström,
`Bernard
`Yegoshin,
`Johnston,
`Billström,
`Bernard, WO748
`Yegoshin,
`Johnston,
`Billström,
`Bernard, Sainton
`Yegoshin,
`Johnston,
`Billström,
`Bernard, Preiss
`
`
`Claims
`Shown
`Unpatentable
`
`Claims
`Not Shown
`Unpatentable
`
`14, 15
`
`
`
`17–21
`
`1–11, 16
`
`
`
`26
`
`12
`
`13
`
`27–30
`
`
`
`14, 15, 17–21,
`26–30
`
`1–13, 16
`
`4
`
`Overall
`Outcome
`
`On page 88 of the Decision, the sentence segment that reads
`“ORDERED that claims 14, 15, 17–21, and 27–30 of U.S. Patent No.
`9,019,946 B1 have been shown, by a preponderance of the evidence, to be
`unpatentable” is changed to read “ORDERED that claims 14, 15, 17–21, and
`26–30 of U.S. Patent No. 9,019,946 B1 have been shown, by a
`preponderance of the evidence, to be unpatentable.”
`Also, on page 88 of the Decision, the sentence segment that reads
`“FURTHER ORDERED that claims 1–13, 16, and 26 of U.S. Patent No.
`
`

`

`IPR2022-01249
`Patent 9,019,946 B1
`9,019,946 B1 have not been shown, by a preponderance of the evidence, to
`be unpatentable” is changed to read “FURTHER ORDERED that claims 1–
`13, and 16 of U.S. Patent No. 9,019,946 B1 have not been shown, by a
`preponderance of the evidence, to be unpatentable.”
`In all other respects, the Decision is unchanged.
`
`
`
`
`5
`
`

`

`IPR2022-01249
`Patent 9,019,946 B1
`For PETITIONER:
`W. Karl Renner
`Jeremy J. Monaldo
`Hyun Jin In
`Sangki Park
`FISH & RICHARDSON P.C.
`IPR39483-0129IP1@fr.com
`PTABInbound@fr.com
`
`Andrew S. Ehmke
`Clint S. Wilkins
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
`
`
`For PATENT OWNER:
`Rex Hwang
`Todd Martin
`SKIERMONT DERBY LLP
`rhwang@skiermontderby.com
`tmartin@skiermontderby.com
`
`
`Philip Graves
`Greer Shaw
`GRAVES & SHAW LLP
`pgraves@gravesshaw.com
`gshaw@gravesshaw.com
`
`
`
`6
`
`

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