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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
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`v.
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`RESONANT SYSTEMS, INC.,
`Patent Owners.
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`Case IPR2024-00807
`U.S. Patent No. 8,860,337
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`PETITIONER’S PRELIMINARY REPLY
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`Case No. IPR2024-00807
`Attorney Docket No: 50095-0178IP1
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`TABLE OF CONTENTS
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`THE PETITION ADDRESSES THE “CONTROL COMPONENT”
`ACCORDING TO THE DISTRICT COURT’S CONSTRUCTION ............. 1
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`PATENT OWNER MISCHARACTERIZES THE PETITION’S ANALYSIS
`OF THE “CONTROL COMPONENT” .......................................................... 3
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`Case No. IPR2024-00807
`Attorney Docket No: 50095-0178IP1
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`Citing the claim construction order (EX-2002) in parallel litigation, Patent
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`Owner (PO) argues that the Petition fails to show a particular structural element
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`(“step 762” of FIG. 7C) of the term “control component” according to the means-
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`plus-function (MPF) interpretation. POPR, 7-20. This argument ignores the
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`straightforward analysis of the Petition that fully addresses the district court’s MPF
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`interpretation of this element (i.e., Grounds 2 and 4A-4B). Pet., 31-49, 75-80. PO
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`wrongly focuses solely on grounds (Grounds 1 and 3A-3B) that were offered under
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`an alternative plain-and-ordinary meaning (PAOM) construction. POPR, 15-22.
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`THE PETITION ADDRESSES THE “CONTROL COMPONENT”
`ACCORDING TO THE DISTRICT COURT’S CONSTRUCTION
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`After the Petition was filed, the district court issued a claim construction
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`order, providing a MPF construction of “control component.” EX-2002. As PO
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`correctly observed, with respect to “control component,” “the court has adopted a
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`claim construction that is similar to Apple’s IPR (and district court) construction”
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`except for minor differences. POPR, 8. Petitioner’s proposed construction in the
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`Petition and the court’s construction for claim 2 are shown in the table below. EX-
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`2002, 5-6; POPR, 8-9; Pet., 3-5.
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`Petitioner’s Proposed
`Construction in IPR
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`Court’s Construction
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`1
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`Case No. IPR2024-00807
`Attorney Docket No: 50095-0178IP1
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`“control
`component”
`in claims 1
`and 19
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`one of the switches shown in
`Figures 5A–6 and described at
`5:45-65, 6:2-8 and the processor
`(also referred to as
`microprocessor,
`microcontroller, or CPU) that
`performs the algorithm shown
`in Figures 7A–C and described
`at 6:43–8:30 and 13:3-41; and
`equivalents thereof
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`a microcontroller, a processor, a
`microprocessor, or a CPU
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`that performs the algorithm
`shown in Steps 706 through 716
`in Figure 7A, with reference to
`all steps shown in Figure 7B and
`Figure 7C,
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`or the algorithm described in the
`corresponding text, See, e.g.,
`7:10–7:24, 7:32–8:30, and
`equivalents thereof.
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`Petitioner’s proposed construction of the “control component” in this IPR
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`fully addresses the district court’s construction. As shown in the table above,
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`Petitioner’s construction is more thorough than the court’s construction because it
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`did not omit steps and descriptions of Figure 7A and the “corresponding text.” EX-
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`2002, 5-6. Moreover, even under the court’s construction, the Petition’s analysis
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`demonstrates obviousness of the challenged claims.
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`The Petition provides fulsome analysis that addresses both the court’s
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`construction and the more thorough construction in the Petition. Pet., 31-49, 75-80
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`(Grounds 2, 4A-4B). Indeed, the Petition offers arguments under two alternative
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`constructions—(1) Grounds 1 and 3A-3B under PAOM (in case 112(f) does not
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`apply), and (2) Grounds 2 and 4A-4B under the MPF construction—and the
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`Petition’s MPF construction identifies, as corresponding structures, substantially
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`all of the steps in FIGS. 7A-7C of the ’337 patent. Pet., 3-5. The particular step—
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`2
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`Case No. IPR2024-00807
`Attorney Docket No: 50095-0178IP1
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`“step 762” (“compute output p to power supply; output p to power supply”) of
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`FIG. 7C—that PO alleges is missing is expressly discussed in the Petition. Pet., 47
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`(citing APPLE-1003 (Expert Decl.), [186]-[188]). Moreover, the Petition explains
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`that “the software executing on the microprocessor outputs a corresponding control
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`signal to the power supply in accordance with the user [i]nput.” Pet., 47. This
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`analysis is explained by Dr. Hannaford. APPLE-1003 at [186]-[188] (describing
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`the combined system computes and outputs a control signal to the power supply
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`according to “user input adjusting the magnitude (e.g., height, frequency, etc.).”)
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`PATENT OWNER MISCHARACTERIZES THE PETITION’S
`ANALYSIS OF THE “CONTROL COMPONENT”
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`PO’s sole substantive argument—that the Petition fails to address the “step
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`762” of FIG. 7C—ignores Grounds 2 and 4A-4B that address Petitioner’s claim
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`construction (which covers the district court’s construction). Pet., 31-49, 75-80. PO
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`improperly focuses only on Ground 1 and 3A-3B. POPR, 15-22. As to Grounds 2
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`and 4A-4B, PO simply references back to its discussion of Grounds 1 and 3A-3B,
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`ignoring Grounds 2 and 4A-4B’s additional analysis and mischaracterizing the
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`Petition as “rel[ying] on the same disclosures for the power supply of limitation
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`[2c] and the processor of the control component of limitation [2f] as in Ground 1”
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`or “Ground 3A.” POPR, 18, 22. Based on this faulty analysis, PO’s argument fails
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`and should be rejected.
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`3
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`Date: September 25, 2024
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`Case No. IPR2024-00807
`Attorney Docket No: 50095-0178IP1
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`Respectfully submitted,
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`
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`/Sangki Park/
`W. Karl Renner, Reg. No. 41,265
`Thomas Rozylowicz, Reg. No. 50,620
`Sangki Park, Reg. No. 77,261
`Fish & Richardson P.C.
`60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
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`4
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`Case No. IPR2024-00807
`Attorney Docket No: 50095-0178IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on
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`September 25, 2024, a complete and entire copy of this Petitioner’s Preliminary
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`Reply were provided via email, to the Patent Owner by serving the email
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`correspondence addresses of record as follows:
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`Reza Mirzaie (Reg. No. 69,138)
`Qi (Peter) Tong (Reg. No. 74,292)
`Kristopher Davis (Reg. No. 62,063)
`Neil A. Rubin (Reg. No. 67,030)
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`RUSS AUGUST & KABAT
`12424 Wilshire Blvd, 12th Floor
`Los Angeles, CA 90025
`(310) 826-7474
`rak_revelhmi@raklaw.com
`ptong@raklaw.com
`kdavis@raklaw.com
`nrubin@raklaw.com
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`/Crena Pacheco/
`Crena Pacheco
`Fish & Richardson P.C.
`60 South Sixth Street
`Minneapolis, MN 55402
`pacheco@fr.com
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