`Case 2:17-cv-00514—JRG Document 162-20 Filed 02/13/19 Page 1 of 3 PageID #: 14522
`
`
` EXHIBIT 20
`EXHIBIT 20
`
`
`
`Case 2:17-cv-00514-JRG Document 162-20 Filed 02/13/19 Page 2 of 3 PageID #: 14523
`Trials@uspto.gov
`Paper 9
`Tel: 571-272-7822
`Entered: October 3, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`Patent Owner.
`____________
`
`Case IPR2018–00818
`Patent 9,408,055 B2
`____________
`
`Before TREVOR M. JEFFERSON, CHRISTA P. ZADO, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`DECISION
`Denying Institution of Inter Partes Review
`35 U.S.C. § 314
`
`
`
`Case 2:17-cv-00514-JRG Document 162-20 Filed 02/13/19 Page 3 of 3 PageID #: 14524
`IPR2018–00818
`Patent 9,408,055 B2
`first device. Without any such discussion or explanation, a person of
`ordinary skill in the art would not appreciate, or understand, that the inventor
`was in possession of the claimed invention.
`Accordingly, we are not persuaded the ’410 Application satisfies the
`written description requirement of 35 U.S.C. § 112 with respect to the claims
`of the ’055 patent. We need not reach Petitioner’s other argument in support
`of its contention that the ’410 Application fails to comply with 35 U.S.C.
`§ 112.
`5. Conclusion on Priority Date
`Because we are not persuaded the ’410 Application satisfies the
`Because we are not persuaded the ’410 Application satisfies the
`written description requirement of 35 U.S.C. § 112 with respect to the claims
`written description requirement of 35 U.S.C. § 112 with respect to the claims
`of the ’055 patent, Patent Owner has not established the ’055 patent is
`of the ’055 patent, Patent Owner has not established the ’055 patent is
`entitled to rely on the filing date of the ’410 Application, September 16,
`entitled to rely on the filing date of the ’410 Application, September 16,
`2013. Accordingly, based on this record, the ’724 patent, which issued on
`2013. Accordingly, based on this record, the ’724 patent, which issued on
`December 8, 2009, qualifies as prior art to the ’055 patent under 35 U.S.C.
`December 8, 2009, qualifies as prior art to the ’055 patent under 35 U.S.C.
`102(a)(1).
`102(a)(1).
`
`E. The ’724 Patent (Ex. 1008)
`The ’724 patent discloses a cellular, PDA communication device and
`communication system for allowing a plurality of cellular phone users to
`monitor others’ locations and status, and to initiate cellular phone calls by
`touching a symbol on a touch screen display with a stylus, which can also
`include point to call conference calling. Ex. 1008, Abstract. Each
`participant’s cellular phone PDA device includes a GPS navigation receiver
`with application software for point to call cellular phone initiation to
`participants and geographical entities including vehicles, persons or events,
`conference calls and video transfers. Id.
`“The heart of the invention lies in the AGIS software applications
`
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