UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`GOOGLE LLC,
`
`Petitioners
`
`v.
`
`RYAN HARDIN and ANDREW HILL,
`
`Patent Owners.
`
`Case IPR2022-01332
`
`U.S. Patent No. 9,779,418
`
`Petition for Inter Partes Review of
`
`U.S. Patent No. 9,779,418
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`Table of Contents
`
`INTRODUCTION ........................................................................................... 1
`I.
`GROUNDS FOR STANDING ........................................................................ 2
`II.
`STATEMENT OF PRECISE RELIEF REQUESTED ................................... 3
`III.
`IV. OVERVIEW OF THE ’418 PATENT ............................................................ 3
`A.
`The Shared Specification ...................................................................... 3
`B.
`Prosecution History .............................................................................10
`1.
`The ’094 Application ................................................................13
`2.
`The ’392 Application ................................................................13
`3.
`The ’204 Application ................................................................15
`4.
`The ’285 Application ................................................................17
`5.
`The ’961 Application ................................................................18
`OVERVIEW OF THE PRIOR ART REFERENCES ...................................19
`A.
`Hardin ’665 .........................................................................................19
`B.
`Salmre ..................................................................................................19
`LEVEL OF ORDINARY SKILL IN THE ART ...........................................20
`VI.
`VII. CLAIM CONSTRUCTION ..........................................................................20
`VIII. DETAILED EXPLANATION OF GROUNDS ............................................21
`A.
`The ’418 Patent Claims Are Not Supported by the Disclosure of the
`’094 or ’392 Application .....................................................................21
`The ’418 Patent’s Priority Date ...........................................................26
`Hardin ’665 in View of Salmre Renders Claims 19-25 Obvious .......27
`i
`
`B.
`C.
`
`V.
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`X.
`
`IX.
`
`POSAs WOULD HAVE BEEN MOTIVATED TO COMBINE HARDIN
`’665 AND SALMRE ......................................................................................62
`PTAB DISCRETION UNDER 35 U.S.C. §314(a) SHOULD NOT
`PRECLUDE INSTITUTION ........................................................................67
`XI. MANDATORY NOTICES UNDER 37 C.F.R. §42.8 ..................................70
`A.
`Real Parties-in-Interest ........................................................................70
`B.
`Related Matters ....................................................................................70
`C.
`Lead and Backup Counsel ...................................................................71
`D.
`Service Information .............................................................................71
`E.
`Power of Attorney ...............................................................................72
`XII. FEES ..............................................................................................................72
`
`ii
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`PETITIONERS’ EXHIBIT LIST
`
`DESCRIPTION
`U.S. Patent No. 9,779,418
`File History of U.S. Patent No. 9,779,418 (Application No.
`15/009,961)
`Declaration of David H. Williams
`Curriculum Vitae of David H. Williams
`U.S. Patent Publication No. US 2010/0279665 A1 (“Hardin
`’665”)
`U.S. Patent Publication No. US 2006/0116817 A1 (“Salmre”)
`U.S. Patent No. 8,433,296 (“the ’296 patent”)
`File History of U.S. Patent No. 8,433,296 (Application No.
`12/434,094)
`U.S. Patent No. 8,977,247 (“the ’247 patent”)
`File History of U.S. Patent No. 8,977,247 (Application No.
`13/856,392)
`U.S. Patent No. 9,286,625 (“the ’625 patent”)
`File History of U.S. Patent No. 9,286,625 (Application No.
`14/608,285)
`U.S. Patent Publication No. US 2014/0279018 A1 (“the ’018
`publication”)
`File History of U.S. Patent Application No. 14/292,204 (“the
`’204 application”)
`USPTO Memo: Interim Procedure for Discretionary Denials in
`AIA Post-Grant Proceedings with Parallel District Court
`Litigation, June 21, 2022
`Complaint – Hardin et al. v. Samsung Elecs. Co., Ltd. et al.,
`2:21-cv-00290-JRG, ECF No. 1 (E.D. Tex. July 30, 2021)
`Return of Service – Hardin et al. v. Samsung Elecs. Co., Ltd. et
`al., 2:21-cv-00290-JRG, ECF No. 4 (E.D. Tex. Aug. 9, 2021)
`United States District Courts – National Judicial Caseload
`Profile, https://www.uscourts.gov/sites/default/files/
`fcms_na_distprofile0331.2022.pdf (last visited July 26, 2022)
`Plaintiffs’ Objections And Response To Defendants’ Second
`Set Of Interrogatories To Plaintiff, Hardin et al. v. Samsung
`Elecs. Co., Ltd. et al., 2:21-cv-00290-JRG, served July 1, 2022
`Geofencing, Techopedia,
`
`iii
`
`Exhibit No.
`1001
`1002
`
`1003
`1004
`1005
`
`1006
`1007
`1008
`
`1009
`1010
`
`1011
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`DESCRIPTION
`https://www.techopedia.com/definition/14937/geofencing (last
`visited July 26, 2022)
`Jonathan P. Munson & Vineet K. Gupta, Location-Based
`Notification as a General-Purpose Service, Proceedings of the
`2nd International Workshop on Mobile Commerce 40 (2002)
`What We Do, Locating What’s Important To You, Cell-Loc,
`http://web.archive.org/web/20030411221815/http://cell-
`loc.com/what_locating.html (last visited July 26, 2022)
`Alan Cohen, Location, Location, Location, PC Mag., available
`at
`https://books.google.com/books?id=eIvagv988JgC&pg=PA82#
`v=onepage&q&f=false (last visited July 26, 2022)
`U.S. Patent No. 7,133,685
`U.S. Patent No. 7,164,986
`U.S. Patent No. 8,536,999
`U.S. Patent Publication No. US 2008/0094256 A1
`Plaintiffs’ Claim Construction Brief – Hardin et al. v. Samsung
`Elecs. Co., Ltd. et al., 2:21-cv-00290-JRG, ECF 58 (E.D. Tex.
`July 8, 2022)
`Defendants’ Claim Construction Brief – Hardin et al. v.
`Samsung Elecs. Co., Ltd. et al., 2:21-cv-00290-JRG, ECF 67
`(E.D. Tex. July 25, 2022)
`U.S. Patent No. 8,010,134
`U.S. Patent No. 10,380,636
`Letter from Andrew Trask to Rex Mann, dated August 2, 2022
`
`Exhibit No.
`
`1021
`
`1022
`
`1023
`
`1024
`1025
`1026
`1027
`1028
`
`1029
`
`1030
`1031
`1032
`
`iv
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`Reference
`
`[19.pre]
`
`[19.a]
`
`[19.b]
`
`[19.c]
`
`[19.d]
`
`LISTING OF CHALLENGED CLAIMS
`
`Claim Limitation
`Claim 19
`A non-transitory computer readable medium tangibly embodying
`at least one program of computer executable instructions, wherein
`the at least one program of computer executable instructions
`comprises instructions for:
`
`implementing, on a mobile device, at least one computer readable
`program instruction, made available for use by one or more distinct
`application programs operating on the mobile device,
`
`for receiving, from a particular one application program of the one
`or more distinct application programs during the particular one
`application program’s execution on the mobile device, a request to
`reserve, for the particular one application program, at least one
`designated geographic area of interest for having a particular
`associated identifier exclusively provided for use by the particular
`one application program
`
`after it is determined, by at least use of at least one processor
`tangibly embodied by the mobile device and of location
`information representing a physical geographic location of the
`mobile device as determined by a location-determination
`component tangibly embodied in the mobile device for
`determining the mobile device’s physical geographic location, that
`the mobile device has at least entered the at least one designated
`geographic area of interest,
`
`wherein the at least one computer readable program instruction
`comprises at least one input parameter for receiving, from the
`particular one application program, data representing a) the
`particular associated identifier as provided content associated with
`the at least one designated geographic area of interest and
`exclusively related to the particular one application program, and
`
`[19.e]
`
`b) a perimeter definition defining, with at least reference to
`
`v
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`longitude and latitude, the at least one designated geographic area
`of interest, and
`
`wherein the one or more distinct application programs each
`comprises a system of executable coded instructions as
`programmed by at least one developer for execution on the mobile
`device;
`
`receiving, using the at least one computer readable program
`instruction, from a first particular application program during its
`execution on the mobile device, a first request for a reservation for
`a first particular designated geographic area of interest for having a
`first particular associated identifier exclusively provided for use by
`the first particular application program after it is determined that
`the mobile device has at least entered the first particular designated
`geographic area of interest,
`
`wherein the first request comprises data representing a) the first
`particular associated identifier, represented by a data string, as
`provided content by the first particular application program to be
`associated with the first particular designated geographic area of
`interest and exclusively related to the first particular application
`program, and
`
`b) a first perimeter definition provided by the first particular
`application program, wherein the first perimeter definition
`comprises at least data representing a first latitude and longitude
`coordinate and a first radius value for defining the first particular
`designated geographic area of interest;
`
`determining availability for the first particular designated
`geographic area of interest to be reserved for the first particular
`application program;
`
`using the first perimeter definition in conjunction with the first
`particular associated identifier to establish the first particular
`designated geographic area of interest in the first request as an area
`reserved for first content related to the first particular application
`program and not an area reserved for first content related to other
`application programs,
`
`vi
`
`[19.f]
`
`[19.g]
`
`[19.h]
`
`[19.i]
`
`[19.j]
`
`[19.k]
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`[19.l]
`
`wherein the first content related to the first particular application
`program comprises the first particular associated identifier;
`
`[19.m]
`
`[19.n]
`
`[19.o]
`
`[19.p]
`
`storing, in a memory tangibly embodied by the mobile device, in
`response to receiving the first request, after availability for the first
`particular designated geographic area of interest to be reserved for
`the first particular application program has been positively
`determined, an at least first record, for the first particular
`application program, associated with the first particular associated
`identifier and the first particular designated geographic area of
`interest, thereby designating the first particular application
`program as a first one of the one or more registered application
`programs on the mobile device,
`
`wherein the one or more registered application programs on the
`mobile device each consists of an application program designated
`for having a particular identifier, being associated with a particular
`reserved geographic area of interest, to be exclusively provided for
`use by said application program after it is determined, by at least
`use of the at least one processor and of the location information,
`that the mobile device has at least entered said particular reserved
`geographic area of interest;
`
`receiving, using the at least one computer readable program
`instruction, from a second particular application program during its
`execution on the mobile device, a second request for a reservation
`for a second particular designated geographic area of interest for
`having a second particular associated identifier exclusively
`provided for use by the second particular application program after
`it is determined that the mobile device has at least entered the
`second particular designated geographic area of interest,
`
`wherein the second request comprises data representing a) the
`second particular associated identifier, represented by a data string,
`as provided content by the second particular application program
`to be associated with the second particular designated geographic
`area of interest and exclusively related to the second particular
`application program, and
`
`vii
`
`

`

`[19.q]
`
`[19.r]
`
`[19.s]
`
`[19.t]
`
`[19.u]
`
`[19.v]
`
`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`b) a second perimeter definition provided by the second particular
`application program, wherein the second perimeter definition
`comprises at least data representing a second latitude and longitude
`coordinate and a second radius value for defining the second
`particular designated geographic area of interest;
`
`determining availability for the second particular designated
`geographic area of interest to be reserved for the second particular
`application program;
`
`using the second perimeter definition in conjunction with the
`second particular associated identifier to establish the second
`particular designated geographic area of interest in the second
`request as an area reserved for second content related to the second
`particular application program and not an area reserved for second
`content related to other application programs,
`
`wherein the second content related to the second particular
`application program comprises the second particular associated
`identifier;
`
`storing, in the memory, in response to receiving the second
`request, after availability for the second particular designated
`geographic area of interest to be reserved for the second particular
`application program has been positively determined, an at least
`second record, for the second particular application program,
`associated with the second particular associated identifier and the
`second particular designated geographic area of interest, thereby
`designating the second particular application program as a second
`one of the one or more registered application programs on the
`mobile device;
`
`selecting the first particular associated identifier associated with
`the at least first record stored in the memory to be provided for use
`by the first one of the one or more registered application programs
`on the mobile device after it is determined, by at least use of the at
`least one processor, of the location information, and of the first
`particular designated geographic area of interest associated with
`the at least first record stored in the memory for the first one of the
`one or more registered application programs on the mobile device,
`viii
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`that the mobile device has at least entered the first particular
`designated geographic area of interest associated with the at least
`first record stored in the memory and has remained therein for at
`least a first designated length of time;
`
`selecting the second particular associated identifier associated with
`the at least second record stored in the memory to be provided for
`use by the second one of the one or more registered application
`programs on the mobile device after it is determined, by at least
`use of the at least one processor, of the location information, and of
`the second particular designated geographic area of interest
`associated with the at least second record stored in the memory for
`the second one of the one or more registered application programs
`on the mobile device, that the mobile device has at least entered
`the second particular designated geographic area of interest
`associated with the at least second record stored in the memory and
`has remained therein for at least a second designated length of
`time;
`
`providing, to the first one of the one or more registered application
`programs on the mobile device, at least the first particular
`associated identifier from its selecting in response to receiving,
`from the first one of the one or more registered application
`programs on the mobile device, a request to receive content; and
`
`providing, to the second one of the one or more registered
`application programs on the mobile device, at least the second
`particular associated identifier from its selecting in response to
`receiving, from the second one of the one or more registered
`application programs on the mobile device, a request to receive
`content.
`
`[19.w]
`
`[19.x]
`
`[19.y]
`
`Claim 20
`
`[20.pre]
`
`The computer readable medium of claim 19 wherein the at least
`one program of computer executable instructions further comprises
`instructions for:
`
`ix
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`displaying, on the mobile device via a graphical user interface
`tangibly embodied by the mobile device and via the first one of the
`one or more registered application programs on the mobile device,
`content related to the first particular designated geographic area of
`interest, after providing, to the first one of the one or more
`registered application programs on the mobile device, at least the
`first particular associated identifier from its selecting.
`
`Claim 21
`The computer readable medium of claim 19 wherein the at least
`one program of computer executable instructions further comprises
`instructions for:
`
`receiving, using the at least one computer readable program
`instruction, from a third particular application program during its
`execution on the mobile device, a third request for a reservation for
`a third particular designated geographic area of interest for having
`a third particular associated identifier exclusively provided for use
`by the third particular application program after it is determined
`that the mobile device, following a first designated start time and
`during a first designated duration of time, has at least entered the
`third particular designated geographic area of interest and has
`remained therein for at least a third designated length of time,
`
`wherein the third request comprises data representing a) the third
`particular associated identifier, represented by a data string, as
`provided content by the third particular application program to be
`associated with the third particular designated geographic area of
`interest and exclusively related to the third particular application
`program,
`
`b) a third perimeter definition provided by the third particular
`application program,
`
`c) the third designated length of time, and d) the first designated
`duration of time;
`
`determining availability for the third particular designated
`
`x
`
`[20.a]
`
`[21.pre]
`
`[21.a]
`
`[21.b]
`
`[21.c]
`
`[21.d]
`
`[21.e]
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`geographic area of interest to be reserved for the third particular
`application program;
`
`using the third perimeter definition in conjunction with the third
`particular associated identifier to establish the third particular
`designated geographic area of interest in the third request as an
`area reserved for third content related to the third particular
`application program and not an area reserved for third content
`related to other application programs, wherein the third content
`related to the third particular application program comprises the
`third particular associated identifier;
`
`storing, in the memory, in response to receiving the third request,
`after availability for the third particular designated geographic area
`of interest to be reserved for the third particular application
`program has been positively determined, an at least third record,
`for the third particular application program, associated with the
`third particular associated identifier and the third particular
`designated geographic area of interest, thereby designating the
`third particular application program as a third one of the one or
`more registered application programs on the mobile device;
`
`selecting the third particular associated identifier associated with
`the at least third record stored in the memory to be provided for
`use by the third one of the one or more registered application
`programs on the mobile device after it is determined, by at least
`use of the at least one processor, of the location information, and of
`the third particular designated geographic area of interest
`associated with the at least third record stored in the memory for
`the third one of the one or more registered application programs on
`the mobile device, that the mobile device, following the first
`designated start time and during the first designated duration of
`time, has at least entered the third particular designated geographic
`area of interest associated with the at least third record stored in the
`memory and has remained therein for at least the third designated
`length of time; and
`
`providing, to the third one of the one or more registered application
`programs on the mobile device, at least the third particular
`associated identifier from its selecting in response to receiving,
`xi
`
`[21.f]
`
`[21.g]
`
`[21.h]
`
`[21.i]
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`from the third one of the one or more registered application
`programs on the mobile device, a request to receive content.
`
`Claim 22
`
`The computer readable medium of claim 19 wherein the at least
`one program of computer executable instructions further comprises
`instructions for:
`
`creating a first notification indicating that the mobile device has at
`least entered the first particular designated geographic area of
`interest associated with the at least first record stored in the
`memory; and
`
`creating a second notification indicating that the mobile device has
`at least entered the second particular designated geographic area of
`interest associated with the at least second record stored in the
`memory.
`
`Claim 23
`
`The computer readable medium of claim 19 wherein the at least
`one program of computer executable instructions further comprises
`instructions for:
`
`obtaining mobile device location information comprising at least
`one physical geographic location of the mobile device as
`determined by the location-determination component;
`
`determining, by at least use of the at least one processor, of the
`mobile device location information, and of the first particular
`designated geographic area of interest associated with the at least
`first record stored in the memory for the first one of the one or
`more registered application programs on the mobile device, that
`the mobile device has at least entered the first particular designated
`geographic area of interest associated with the at least first record
`stored in the memory and has remained therein for at least the first
`designated length of time; and
`
`xii
`
`[22.pre]
`
`[22.a]
`
`[22.b]
`
`[23.pre]
`
`[23.a]
`
`[23.b]
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`determining, by at least use of the at least one processor, of the
`mobile device location information, and of the second particular
`designated geographic area of interest associated with the at least
`second record stored in the memory for the second one of the one
`or more registered application programs on the mobile device, that
`the mobile device has at least entered the second particular
`designated geographic area of interest associated with the at least
`second record stored in the memory and has remained therein for
`at least the second designated length of time.
`
`Claim 24
`The computer readable medium of claim 19 wherein the at least
`one program of computer executable instructions further comprises
`instructions for:
`
`using a communications interface tangibly embodied by the mobile
`device to provide, to the mobile device, at least the second
`particular application program as received from the Internet from a
`content delivery platform for developer-provided application
`programs.
`
`Claim 25
`The computer readable medium of claim 19
`
`wherein the first request includes a data value representing the first
`designated length of time and the second request includes a data
`value representing the second designated length of time.
`
`[23.c]
`
`[24.pre]
`
`[24.a]
`
`[25.pre]
`
`[25.a]
`
`xiii
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`I.
`
`INTRODUCTION
`
`This Petition presents a compelling case of obviousness based on the broken
`
`priority chain of Patent 9,779,418 (“’418 patent”). As explained, although the ’418
`
`patent purports to claim priority to an application filed in 2009, that application
`
`provides no written description support for a critical limitation found in every
`
`claim of the ’418 patent. Specifically, each independent claim requires “on a
`
`mobile device…receiving, from a particular one application program…a request to
`
`reserve” a geographic location. The 2009 application, however, discloses
`
`receiving such a request only from a “sponsor”—which is disclosed as an entirely
`
`separate entity not located on the mobile device.
`
`An examiner of an intermediate application in the purported priority chain
`
`recognized precisely this issue. Following a claim amendment attempting to
`
`conflate the “application program” and the “sponsor,” the examiner rejected the
`
`claims based on, inter alia, §112. As the examiner pointed out, the specification
`
`contained no support for the notion of the “sponsor” and the “application program”
`
`being one and the same; rather, as the examiner explained, the application
`
`developer and sponsor are “two different parties.” (EX1014, 90-91.) Patent
`
`Owners (“POs”) never responded to that §112 rejection, and instead abandoned the
`
`application and pursued the subject matter in a later-filed application before a
`
`different examiner.
`
`1
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`The inability of the ’418 patent to claim priority to the 2009 application is
`
`fatal to the validity of its claims. The 2009 application was published in 2010 as
`
`Hardin ’665—a patent publication with an identical specification as the ’418
`
`patent. The next application in the chain leading to the ’418 patent, meanwhile,
`
`was not filed until 2013. Thus, because the ’418 patent is not entitled to its 2009
`
`priority date, Hardin ’665 is necessarily prior art.
`
`Unsurprisingly, Hardin ’665 discloses nearly all of what the ’418 patent
`
`claims. And the missing claim limitation—namely, receiving, on a mobile device,
`
`a request from an application program on the mobile device—is supplied expressly
`
`by Salmre, a 2006 patent publication. Together, Hardin ’665 and Salmre present a
`
`compelling case for obviousness of the challenged claims.
`
`Accordingly, Samsung Electronics Co., Ltd., Samsung Electronics America,
`
`Inc., and Google LLC (“Petitioners”) request inter partes review (“IPR”) of claims
`
`19-25 of the ’418 patent.1
`
`II. GROUNDS FOR STANDING
`
`Petitioners certify that the ’418 patent is available for IPR, and that
`
`Petitioners are not barred or estopped from requesting this review of the challenged
`
`1 Together with two concurrently filed petitions, Petitioners request IPR of ’418
`
`patent claims 1-25.
`
`2
`
`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`claims. Petitioners file this Petition within one year of service of POs’ complaint
`
`against Petitioners. (EX1017.)
`
`III.
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`Petitioners respectfully request review and cancellation under 35 U.S.C.
`
`§311 of claims 19-25 in view of:
`
`Prior Art
`
`2010/0279665 (“Hardin ’665”), published 11/4/2010; prior art under AIA 35
`U.S.C. §102(a)(1) (EX1005)
`
`2006/0116817 (“Salmre”), published 6/1/2006; prior art under AIA 35 U.S.C.
`§102(a)(1) (EX1006)
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`Ground
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`Claims
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`Basis
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`1
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`19-25
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`Obviousness based on Hardin ’665 in view of Salmre.
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`IV. OVERVIEW OF THE ’418 PATENT
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`A.
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`The Shared Specification
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`The ’418 patent issued on 10/3/2017, from Application 15/009,961.
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`(EX1001.) The ’418 patent purports to claim priority through a series of
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`applications to Application 12/434,094 (“’094 application”) (which published as
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`Hardin ’665), filed 5/1/2009. (Id.) The ’418 patent and each of the purported
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`priority applications share the same specification. (EX1001; EX1007; EX1009;
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`EX1011; EX1013.)
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`3
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`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`The specification describes a system that uses a centralized “content delivery
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`platform” for registering applications on a mobile device for content delivery.
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`(EX1001, Abstract.) The operator of the content delivery platform establishes
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`geographic areas, which a sponsor can reserve via the content delivery platform for
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`delivery of content associated with that sponsor to a particular application on the
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`mobile device. (Id., Abstract, 1:56-60.) When the mobile device enters a
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`sponsor’s reserved geographic area, the content delivery platform delivers that
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`sponsor’s content to the application on the mobile device. (Id., Abstract, 1:64-67.)
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`According to the specification, “sponsors” can (i) reserve geographic areas, and (ii)
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`provide “advertisements or other content controlled by the sponsor” to the content
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`delivery platform for later delivery to mobile devices. (See, e.g., EX1001, 3:3-8,
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`9:5-7.)
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`Figure 1 of the ’418 patent illustrates the architecture of the system
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`originally disclosed in the ’094 application (and published as Hardin ’665),
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`including a content delivery platform (in red), a developer (in green), sponsors (in
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`yellow), and mobile devices (in blue):
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`4
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`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
`
`(Id., FIG. 1 (annotated).) The specification explains:
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`System 100 can provide for exclusive delivery of
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`advertising or other content to registered applications
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`running on mobile devices located within a particular
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`proximity to a reserved geographic area…. Content
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`delivery platform 112 receives a request from developer
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`platform 108 to register a program or other application
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`for use on mobile devices. Content delivery platform
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`112 can use the registered application program to provide
`5
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`

`

`IPR2022-01332
`U.S. Patent No. 9,779,418
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`selected content to mobile devices.
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`(Id., 3:9-21; see also id., 9:50-61, 9:66-10:2.) The specification explains that a
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`sponsor can reserve geographic areas by sending requests to the content delivery
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`platform:
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`Sponsor A 121, sponsor C 123, or sponsor B 125 can
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`reserve an exclusive interest in a particular geographic
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`area by sending a request to content delivery platform
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`112.… The request can also include time limitations,
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`limitations based on the length of time a mobile device
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`remains within a given geographic area, or other desired
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`limitations.
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`(Id., 3:32-43; see also id., FIG. 4 (“Receive Sponsor’s request for selected area”),
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`2:21-30 (“the content delivery system reserves exclusive interests in geographic
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`areas for particular sponsors based on the sponsors’ requests”), 2:65-3:8
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`(“Sponsors can reserve an exclusive interest, or in some embodiments a semi-
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`exclusive interest, in a geographic area….”), 3:22-31 (“a geographical area
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`reserved by one or more of the sponsors.”), 8:62-65 (“a method 400 for allowing
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`sponsors to reserve particular geographic areas”), 9:5-7 (“These geographic areas
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`are areas the sponsor wishes to reserve….”), 9:28-43 (“a sponsor’s request for a
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`6
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`

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`IPR2022-01332
`U.S. Patent No. 9,779,418
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`selected area is received”).)2 The specification further explains that “the sponsor
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`can establish perimeters defining geographic areas” or the geographic areas may be
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`predefined. (Id., 9:3-27.)
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`The architecture described in the specification includes “sponsors” that
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`communicate with content delivery platform 112. (Id., 3:32-43.) Each sponsor
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`can reserve with the content delivery platform geographic areas for content
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`delivery to mobile devices when the device “physically enters or remains within
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`the sponsor’s reserved area for a desired length of time.” (Id., 4:5-5:21, 9:44-61;
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`see also id., 2:9-20.) The delivered content can include advertisements, still
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`images, animations, videos, audio, alphanumeric identifiers, or other content. (Id.)
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`Importantly, nothing in the specification indicates that the geographic area is
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`reserved by an application running on the mobile device. (EX1003, ¶¶68, 101-
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`106.) Indeed, there is no reference to any entity other than a sponsor res