Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 1 of 8 PageID #: 946
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 1 of 8 PagelD #: 946
`
`EXHIBIT 9
`EXHIBIT 9
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`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 1 of 8 PagelD #: 946
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`EXHIBIT 9
`EXHIBIT 9
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`
`
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 2 of 8 PageID #: 947
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`
`
`SAMSUNG ELECTRONICS CO., LTD.;
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`Petitioners,
`
`v.
`
`SLYDE ANALYTICS, LLC,
`
`Patent Owner.
`
`
`
`Patent No. 10,198,085
`Filing Date: October 31, 2017
`Issue Date: February 5, 2019
`
`Inventors: Alex Bezinge, Adrian Mohni, Daniel Pfeifer, and Musa Dogan
`Title: METHOD AND CIRCUIT FOR SWITCHING A WRISTWATCH
`FROM A FIRST POWER MODE TO A SECOND POWER MODE
`
`
`__________________________________________________________________
`
`PATENT OWNER’S PRELIMINARY RESPONSE
`
`Case No. IPR2024-00041
`__________________________________________________________________
`
`
`
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 3 of 8 PageID #: 948
`
`4.
`
` IPR2023-00041
`PATENT NO. 10,198,085
`
`The Petition Does Not Show that the Combination of Yeung
`and Ruiz Discloses “in response to a detection that the
`orientation of the wristwatch is in the second range, detecting
`that the wristwatch remains substantially immobile during a
`predetermined duration and that a duration between the
`starting position and the final position is in a predefined
`range,” as Required by Claim Element 1[c.3]
`Claim 1 of the ’085 Patent recites “in response to a detection that the
`
`orientation of the wristwatch is in the second range, detecting that the wristwatch
`
`remains substantially immobile during a predetermined duration and that a duration
`
`between the starting position and the final position is in a predefined range.”
`
`Since the combination of Yeung and Ruiz does not disclose the claimed
`
`“detecting that an orientation of the wristwatch is then in a final position, wherein
`
`said step of detecting that the orientation is in the final position comprises detecting
`
`that the orientation is in a second range different from said first range,” it cannot
`
`now disclose the claimed “in response to a detection that the orientation of the
`
`wristwatch is in the second range, detecting that the wristwatch remains
`
`substantially immobile during a predetermined duration and that a duration between
`
`the starting position and the final position is in a predefined range.” See supra
`
`Section VI.A.3.
`
`Petitioner also does not show that the combination of Yeung and Ruiz
`
`discloses the claimed “duration between the starting position and the final position
`
`is in a predefined range.” Instead, Petitioner only argues that “[t]he period of time
`
`14
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 4 of 8 PageID #: 949
`
`from when the user begins the double flip to when the user completes the double flip
`
` IPR2023-00041
`PATENT NO. 10,198,085
`
`
`is within a predefined range of 200ms.” Pet. at 37. However, Petitioner incorrectly
`
`conflates the separately claimed “duration” of time with the claimed “predefined
`
`range.” As with the previously claimed “first range” and “second range,”
`
`“predefined range” refers to the spatial range or range of positions of the wristwatch.
`
`As noted in the ’085 Patent, the claimed “predefined range” or “given range” can be
`
`the angular range in relation to the user’s face between the starting position of the
`
`wristwatch and the final position of the wristwatch:
`
`The accelerometer 23 is set so as to generate an interrupt
`when its position changes and reaches a given range that
`is maintained during a predetermined duration, as will be
`described.
`
`
`’085 Patent, 9:48-51 (emphasis added).
`
`
`The duration between the starting position and the final
`position may be measured. If this duration is not in a
`predefined range, the method is interrupted. Otherwise,
`the touch controller 24 changes to a No-movement &
`Angle Check mode. Alternatively, this No-movement &
`Angle Check detection may be performed by the
`embedded
`processing
`capabilities within
`the
`accelerometer 23.
`
`
`Id., 10:18-24 (emphasis added). Yeung and Ruiz are silent on a predefined spatial
`
`range in which the duration of the movement of the wristwatch occurs.
`
`Therefore, the Petition is deficient because it fails to show that claim element
`
`1[c.3] is disclosed or rendered obvious by the combination of Yeung and Ruiz.
`
`15
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 5 of 8 PageID #: 950
`
`
`
`
`
`Dated: February 21, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
` IPR2023-00041
`PATENT NO. 10,198,085
`
`
`Respectfully submitted,
`
`/ Peter Lambrianakos
`/
`
`Peter Lambrianakos (Reg. No. 58,279)
`Lead Counsel for Patent Owner
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Tel. 212-257-5797
`Fax. 212-257-5517
`Email: plambrianakos@fabricantllp.com
`
`
`26
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 6 of 8 PageID #: 951
`
`CERTIFICATE OF WORD COUNT
`
` IPR2023-00041
`PATENT NO. 10,198,085
`
`
`The undersigned hereby certifies that the portions of the above-captioned
`
`PATENT OWNER’S PRELIMINARY RESPONSE specified in 37 C.F.R. § 42.24
`
`has 5,742 words in compliance with the 14,000 word limit set forth in 37 C.F.R.
`
`§ 42.24. This word count was prepared using Microsoft Word for Office 365.
`
`
`February 21, 2024
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`Respectfully Submitted,
`
`/
`/ Peter Lambrianakos
`
`Peter Lambrianakos (Reg. No. 58,279)
`Lead Counsel for Patent Owner
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Tel. 212-257-5797
`Fax. 212-257-5517
`
`
`
`27
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 7 of 8 PageID #: 952
`
`CERTIFICATE OF SERVICE
`A copy of PATENT OWNER’S PRELIMINARY RESPONSE and
`
` IPR2023-00041
`PATENT NO. 10,198,085
`
`
`
`
`EXHIBITS 2001 through 2002 have been served on Petitioner’s counsel of record
`
`as follows:
`
`William M. Fink
`E-mail: tfink@omm.com
`O’Melveny & Myers LLP
`1625 Eye Street, NW
`Washington, DC 20006
`
`Benjamin M. Haber
`E-Mail: bhaber@omm.com
`Brian Cook
`E-mail: bcook@omm.com
`Nicholas Whilt
`E-mail: nwhilt@omm.com
`O’Melveny & Myers LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`
`Laura B. Gore
`E-mail: lgore@omm.com
`O’Melveny & Myers LLP
`7 Times Square, Times Square Tower
`New York, New York 10036
`
`Attorneys for Samsung Electronics Co., Ltd.;
`Samsung Electronics America, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 76-10 Filed 07/12/24 Page 8 of 8 PageID #: 953
`
`February 21, 2024
`
`
`
`
`
`
`
`
`By:
`
`
` IPR2023-00041
`PATENT NO. 10,198,085
`
`
`/
`/ Peter Lambrianakos
`
`Peter Lambrianakos (Reg. No. 58,279)
`Lead Counsel for Patent Owner
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Tel. 212-257-5797
`Fax. 212-257-5517
`
`
`
`
`
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