`Case 2:17-cv-00514—JRG Document 162-24 Filed 02/13/19 Page 1 of 3 PageID #: 14534
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`
` EXHIBIT 24
`EXHIBIT 24
`
`
`
`Case 2:17-cv-00514-JRG Document 162-24 Filed 02/13/19 Page 2 of 3 PageID #: 14535
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`
`IPR2018-00818
`U.S. Patent No. 9,408,055
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`
`
`
`APPLE INC.,
`Petitioner,
`
`
`v.
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`Patent Owner.
`
`
`
`Patent No. 9,408,055
`Issue Date: August 2, 2016
`Title: METHOD TO PROVIDE AD HOC AND PASSWORD PROTECTED
`DIGITAL AND VOICE NETWORKS
`
`
`
`__________________________________________________________________
`
`PATENT OWNER’S PRELIMINARY RESPONSE
`
`Case No. IPR2018-00818
`______________________________________________________________________________
`
`
`
`
`Case 2:17-cv-00514-JRG Document 162-24 Filed 02/13/19 Page 3 of 3 PageID #: 14536
`
`I.
`
`INTRODUCTION
`
`On March 22, 2018, Apple Inc. (“Apple” or “Petitioner”) submitted a
`
`Petition (the “Petition”) to institute inter partes review (“IPR”) of U.S. Patent No.
`
`9,408,055 (Ex. 1001, “the ’055 Patent”), challenging claims 1–54 (the “Challenged
`
`Claims”). Petitioner alleges only one reference in its unpatentability analysis, U.S.
`
`Patent Number 7,630,724 (Ex. 1008, the “’724 Patent”), which is a grandparent in
`
`the priority chain of the ’055 Patent.
`
`The Petition challenges all of the claims with only a single ground--that the
`The Petition challenges all of the claims with only a single ground--that the
`
`claims are obvious over AGIS’s own patent, the ’724 Patent, to which the ’055
`claims are obvious over AGIS’s own patent, the ’724 Patent, to which the ’055
`
`Patent claims priority. However, the Petition fails for at least the following
`Patent claims priority. However, the Petition fails for at least the following
`
`reasons: (1) the Petition fails to properly construe the claims; (2) the Petition does
`reasons: (1) the Petition fails to properly construe the claims; (2) the Petition does
`
`not establish that the ’724 Patent is prior art; and (3) the Petition does not
`not establish that the ’724 Patent is prior art; and (3) the Petition does not
`
`demonstrate that the Challenged Claims are obvious over the ’724 Patent.
`demonstrate that the Challenged Claims are obvious over the ’724 Patent.
`
`First, the Petition is deficient because Petitioner fails to meet its burden
`
`under 37 C.F.R. § 42.104(b)(3). Petitioner proffered conflicting claim
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`constructions in the co-pending District Court litigation including an identification
`
`of numerous claims that it believes are governed by 35 U.S.C. §112(f). Ex. 2001
`
`at 60–80. Additionally, Petitioner proffers specific claim constructions for the
`
`“group,”, “SMS messages,” “the other symbol,” and “user selection of the sub-net”
`
`terms in the District Court proceeding. Meanwhile, Petitioner does not allege that
`
`
`
`1
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`
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