Case 2:17-cv-00514-JRG Document 162-21 Filed 02/13/19 Page 1 of 3 PageID #: 14525
`Case 2:17-cv-00514—JRG Document 162-21 Filed 02/13/19 Page 1 of 3 PageID #: 14525
`
`
` EXHIBIT 21
`EXHIBIT 21
`
`

`

`Case 2:17-cv-00514-JRG Document 162-21 Filed 02/13/19 Page 2 of 3 PageID #: 14526
`Trials@uspto.gov
`Paper No. 9
`Tel: 571-272-7822
`Entered: November 7, 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 IPR2018–00819
`Patent 9,467,838 B2
`____________
`
`Before DANIEL J. GALLIGAN, CHRISTA P. ZADO, and
`FREDERICK C. LANEY, Administrative Patent Judges.
`
`ZADO, Administrative Patent Judge.
`
`DECISION
`Institution of Inter Partes Review
`35 U.S.C. § 314(a)
`
`

`

`Case 2:17-cv-00514-JRG Document 162-21 Filed 02/13/19 Page 3 of 3 PageID #: 14527
`IPR2018–00819
`Patent 9,467,838 B2
`5. Summary
`Because Patent Owner has not satisfied its burden to show that the
`Because Patent Owner has not satisfied its burden to show that the
`’410 application and earlier intervening applications satisfy the written
`’410 application and earlier intervening applications satisfy the written
`description requirement of 35 U.S.C. § 112, Patent Owner has not
`description requirement of 35 U.S.C. § 112, Patent Owner has not
`established that the ’838 patent is entitled to rely on a filing date earlier than
`established that the ’838 patent is entitled to rely on a filing date earlier than
`October 31, 2014, the filing date of the ’838 patent. Accordingly, based on
`October 31, 2014, the filing date of the ’838 patent. Accordingly, based on
`this record, the ’724 patent, which issued on December 8, 2009, qualifies as
`this record, the ’724 patent, which issued on December 8, 2009, qualifies as
`prior art to the ’838 patent under 35 U.S.C. 102(a)(1).
`prior art to the ’838 patent under 35 U.S.C. 102(a)(1).
`
`D. 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 each other’s 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, [57]. 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
`provided in the device.” Id. at 5:9–10. Mounted within the housing as part
`of the PDA is a display and a CPU. Id. at 5:10–11. The internal CPU
`includes databases that provide for a geographical map and georeferenced
`entities that are shown on the display that includes as part of the display
`various areas of interest in a particular local map section. Id. at 5:11–15.
`The software has an algorithm that relates the X and y coordinates to latitude
`and longitude and can access a participant’s symbol or a fixed or movable
`entity’s symbol as being the one closest to that point. Id. at 5:63–67.
`
`19
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