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`Exhibit “B”
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 2 of 13 PageID #: 1048
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`Paper No. ________
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`KYOCERA COMMUNICATIONS, INC.
`Petitioner
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT LLC
`Patent Owner
`
`Patent No. 8,868,060
`Issue Date: October 21, 2014
`Title: METHOD, NETWORK AND DEVICE FOR INFORMATION
`PROVISION BY USING PAGING AND CELL BROADCAST SERVICES
`_______________
`
`Inter Partes Review No. Unassigned
`____________________________________________________________
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 ET. SEQ.
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`4836-7459-5105.3
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`i
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 3 of 13 PageID #: 1049
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`NOTICE OF LEAD AND BACKUP COUNSEL
`Lead Counsel: Paul S. Hunter (Reg. No. 44,787) Tel: 858.847.6733
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`Backup Counsel: Troy Smith (Reg. No. 62,349) Tel: 312.832.5389
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`Address: Foley & Lardner LLP, 3579 Valley Centre Dr. San Diego, CA 92130
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`NOTICE OF EACH REAL-PARTY-IN-INTEREST
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`
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`The real-parties-in-interest are Kyocera Communications, Inc. (“Kyocera”), and The real-parties-in-interest are Kyocera Communications, Inc. (“Kyocera”), and
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`Kyocera Corporation (“Kyocera”).
`Kyocera Corporation (“Kyocera”).
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`NOTICE OF RELATED MATTERS
`U.S. Patent No. 8,868,060 (“the ‘060 patent”) is asserted in Cellular
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`Communications Equipment LLC v. LG Electronics, Inc. et al., Civil Action No.
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`6:14-cv-982 (E.D. Texas).
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`NOTICE OF SERVICE INFORMATION
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`Please address all correspondence to the lead counsel at the address above.
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`Petitioner consents to electronic service at: Kyocera-CCE@foley.com .
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`GROUNDS FOR STANDING
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`Petitioner certifies the patent is available for inter partes review and the
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`Petitioner can request an inter partes review challenging the patent claims.
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`STATEMENT OF MATERIAL FACTS
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`The earliest potential effective filing date of the claims of the ‘060 patent is
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`April 2, 2007. (See Ex. 1001.) U.S. Patent No. 7,844,286 (“AT&T,” Ex. 1003)
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`4836-7459-5105.3
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`1
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 4 of 13 PageID #: 1050
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`below in the proposed grounds of unpatentability. The Petition establishes reasons
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`and motivations to combine prior art for each ground under 35 U.S.C. § 103(a).
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`STATEMENT OF REASONS FOR RELIEF REQUESTED
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`I.
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`Introduction to the Technology of the ‘060 patent
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`The ‘060 patent describes “conveying information such as emergency
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`information to a large number of people in an efficient way.” (1:33-35.) The ‘060
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`patent uses an “existing broadcast service such as the GSM Cell-Broadcast
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`Service” to allow “messages to be broadcast to all mobile users in a specified
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`geographical area” that avoids “frequent reading of a notification channel,” which
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`“has harsh consequences on the battery drain and the stand-by time of a [mobile]
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`terminal.” (1:46, 53-55, 58-61.) The “broadcast service” is “actively invoked by
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`the terminal in case of need only, using a paging mechanism.” (Id. at 1:64-2:3.)
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`An overview of the technology is provided by Dr. Akl. (Ex. 1002, § VII .)
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`Since a GSM Cell-Broadcast Service “normally requires a very frequent
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`reading of a notification channel,” it is difficult for a mobile terminal to utilize “a
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`power saving sleep mode” (also referred to as “stand-by time”). (1:57-61.) The
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`‘060 patent uses the Cell-Broadcast Service for emergency support while avoiding
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`the drawbacks of minimal stand-by time and increased battery drain by actively
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`invoking a broadcast service using a “paging mechanism.” (1:60-2:3.) In an
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`example, the ‘060 patent utilizes the GSM 03.41 standard for its Cell-Broadcast
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`4836-7459-5105.3
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`3
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 5 of 13 PageID #: 1051
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`Service. (1:46-55.) The ‘060 patent also states that when a “mobile receives a
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`valid E-TMSI … it switches to Cell-Broadcast mode and starts to monitor the Cell-
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`Broadcast Notification channels for emergency information.” (5:20-24.)
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`II.
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`Construction of the Claims
`A claim in inter partes review is given the “broadest reasonable construction in
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`light of the specification.” (See, 37 C.F.R. § 42.100(b).) For the purposes of this
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`proceeding, claim terms are presumed to take on their broadest reasonable ordinary
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`meaning. As stated in the case In re ICON Health and Fitness, Inc. at 496 F.3d
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`1374, 1379 (Fed. Cir. 2007): “the PTO must give claims their broadest reasonable
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`construction consistent with the specification. Therefore, we look to the
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`specification to see if it provides a definition for claim terms, but otherwise apply a
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`broad interpretation.” In addition to this presumption, Petitioner provides a more
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`detailed explanation of the broadest reasonable meaning of certain claim terms.
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`i.
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`“Terminal
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`Claims 1-3, 7-12, and 15-17 of the ‘060 patent recite a “terminal.” The ‘060
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`patent states that a “terminal” may be a “mobile terminal, mobile station or user
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`equipment etc. [that] is attached to a network.” (2:29-32.) Fig. 3 of the ‘060
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`patent shows terminals “attached to a cell of [a] cellular mobile network.” (3:9-
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`15.) Fig. 4 shows an “internal structure of a terminal” that includes a transceiver,
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`paging mode unit, cell-broadcast mode unit, memory unit, control unit, acoustical
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`4836-7459-5105.3
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`4
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 6 of 13 PageID #: 1052
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`unit, and a display unit. (3:16-32.) Thus, the “terminal” of Claims 1-3, 7-12, and
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`15-17 refer to a mobile terminal attached to a mobile network. This construction is
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`supported by the explicit language of dependent Claim 2 of the ‘060 patent, which
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`recites that “the terminal is a mobile terminal attached to mobile network.”
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`ii.
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`“Specific identifier”
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`Claims 1, 4-7, and 10-17 recite a “specific identifier” that can be included in a
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`“paging message[]” and can “indicat[e] an emergency or other situation.” (2:64-
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`3:6.) For example, an emergency temporary mobile subscriber identity (E-TMSI)
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`may be used. (2:64-3:6.) A specific identifier may also be stored in the “memory
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`unit” of a terminal, and when “transmitted from the network” to a terminal, “will
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`cause the terminal [] to start or activate the support of the cell-broadcast mode.”
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`(3:23-27; see also 3:56-4:11.) Further, a “specific identifier is not exclusively
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`allocated to one terminal only but is identically set in several terminals or all
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`terminals in accordance with one, more or all of the embodiments.” (4:59-62; see
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`also 4:65-5:13.) Accordingly, the “specific identifier” of the ‘060 patent is a
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`“generic identifier for indicating an emergency situation.” (5:18-20.)
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`“Group of the specific identifiers being for different types of
`iii.
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`“Group of the specific identifiers being for different types of p
`iii.
`emergencies”
`emergencies”
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`Claims 1, 7, 12, and 15 of the ‘060 patent recite that a “group of the specific
`Claims 1, 7, 12, and 15 of the ‘060 patent recite that a “group of the specific
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`identifiers” are “for different types of emergencies.” The claim term “different
`identifiers” are “for different types of emergencies.” The claim term “different
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`4836-7459-5105.3
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`5
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 7 of 13 PageID #: 1053
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`types of emergencies” does not appear in the specification of the ‘060 patent.types of emergencies” does not appear in the specification of the ‘060 patent.
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`However, the ‘060 patent states that “[w]hen a group of specific identifiers exists,
`However, the ‘060 patent states that “[w]hen a group of specific identifiers exists,
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`the network will select a specific identifier depending on the type of emergency or
`the network will select a specific identifier depending on the type of emergency or
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`the content of the information to be broadcast, and will include the selected
`the content of the information to be broadcast, and will include the selected
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`identifier into the paging message or messages transmitted in the cell or cells.”
`identifier into the paging message or messages transmitted in the cell or cells.”
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`(5:46-50.) First, in construing the claims, one of ordinary skill in the art would
`(5:46-50.) First, in construing the claims, one of ordinary skill in the art would
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`recognize the language of Claim 1, which states that the specific identifiers are
`recognize the language of Claim 1, which states that the specific identifiers are
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`merely “for different types of emergencies.” (Ex. 1002, ¶73.) Accordingly, the
`merely “for different types of emergencies.” (Ex. 1002, ¶73.) Accordingly, the
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`plain language of Claim 1 does not require that the specific identifiers include an plain language of Claim 1 does not require that the specific identifiers include an
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`indication of different types of emergencies, and further does not require that any
`indication of different types of emergencies, and further does not require that any
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`different types of emergencies are stored at the mobile terminal along with the
`different types of emergencies are stored at the mobile terminal along with the
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`specific identifiers. (Ex. 1002, ¶73.) Indeed, the ‘060 patent specifies that “the
`specific identifiers. (Ex. 1002, ¶73.) Indeed, the ‘060 patent specifies that “the
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`network will select a specific identifier depending on the type of emergency or the network will select a specific identifier depek nding on the type of emergency or the
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`content . . . to be broadcast.” (5:46-50, emph. added.) Since the network of the content . . . to be broadcast.” (5:46-50, emph. added.) Since the network of the
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`‘060 patent selects the specific identifier to be used, one of ordinary skill in the art
`‘060 patent selects the specific identifier to be used, one of ordinary skill in the art
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`would recognize that, if any part of the system in the ‘060 patent stored
`would recognize that, if any part of the system in the ‘060 patent stored
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`information relating to a type of emergency, it would be the servers (or related
`information relating to a type of emergency, it would be the servers (or related
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`devices) of the network and not an individual mobile terminal. (Ex. 1002, ¶75.)
`devices) of the network and not an individual mobile terminal. (Ex. 1002, ¶75.)
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`The ‘060 patent also discusses examples of different specific identifiers that
`The ‘060 patent also discusses examples of different specific identifiers that
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`may be part of a group of specific identifiers. (See 5:26-45.) In particular, the
`may be part of a group of specific identifiers. (See 5:26-45.) In particular, the
`6
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`4836-7459-5105.3
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 8 of 13 PageID #: 1054
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`‘060 patent discloses different specific identifiers that can activate a “Cell-‘060 patent discloses different specific identifiers that can activate a “Cell-
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`Broadcast Mode” for “an infinite time . . . until manual switch-off” or for “a
`Broadcast Mode” for “an infinite time . . . until manual switch-off” or for “a
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`defined time . . . de-activat[ing] . . . autonomously.” (5:32-39.) Another specific
`defined time . . . de-activat[ing] . . . autonomously.” (5:32-39.) Another specific
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`identifier in the ‘060 patent “can be used to segregate groups of users” in order to
`identifier in the ‘060 patent “can be used to segregate groups of users” in order to
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`“distribute specific information to specific groups.” (5:42-45.) Accordingly, one
`“distribute specific information to specific groups.” (5:42-45.) Accordingly, one
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`of ordinary skill in the art would recognize that, similar to the plain language of
`of ordinary skill in the art would recognize that, similar to the plain language of
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`Claim 1, these descriptions of different specific identifiers also do not indicate
`Claim 1, these descriptions of different specific identifiers also do not indicate
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`different types of emergencies, but rather are merely “for different types of
`different types of emergencies, but rather are merely “for different types of
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`
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`emergencies.” (Ex. 1002, ¶74.) The specific identifiers discussed in the ‘060 emergencies.” (Ex. 1002, ¶74.) The specific identifiers discussed in the ‘060
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`patent simply indicate different types of functions to be performed by a mobile
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`patent simply indicate different types of functions to be performed by a mobile f
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`terminal if the specific identifier is received by the mobile terminal. (Ex. 1002,
`terminal if the specific identifier is received by the mobile terminal. (Ex. 1002,
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`¶74.) As noted above, specific identifiers in the ‘060 patent are discussed with
`¶74.) As noted above, specific identifiers in the ‘060 patent are discussed with
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`respect to how the identifiers make a mobile terminal function. Additionally, the
`respect to how the identifiers make a mobile terminal function. Additionally, the
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`‘060 patent briefly discusses “emergenc[ies] or any other type of situation such as
`‘060 patent briefly discusses “emergenc[ies] or any other type of situation such as
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`[a] traffic jam, etc.” (2:36-40.) Despite this disclosure of possible types of
`[a] traffic jam, etc.” (2:36-40.) Despite this disclosure of possible types of
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`emergencies, nowhere does Claim 1 of the ‘060 patent require that a type of
`emergencies, nowhere does Claim 1 of the ‘060 patent require that a type of
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`emergency is actually indicated by a specific identifier or stored in a mobile
`emergency is actually indicated by a specific identifier or stored in a mobile
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`terminal along with a specific identifier. (Ex. 1002, ¶74.)
`terminal along with a specific identifier. (Ex. 1002, ¶74.)
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`Accordingly, one of ordinary skill in the art would recognize that although the
`Accordingly, one of ordinary skill in the art would recognize that although the
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`“specific identifiers” are stored in a mobile terminal and are “for different types of
`“specific identifiers” are stored in a mobile terminal and are “for different types of
`7
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`4836-7459-5105.3
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 9 of 13 PageID #: 1055
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`
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`emergencies,” such language does not indicate that the different types of emergencies,” such language does not indicate that the different types of t
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`emergencies are actually stored on the mobile terminal or otherwise indicated by
`emergencies are actually stored on the mobile terminal or otherwise indicated by
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`the specific identifiers. (‘060 patent, Claim 1, emph. added; Ex. 1002, ¶75.)
`the specific identifiers. (‘060 patent, Claim 1, emph. added; Ex. 1002, ¶75.)
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`Rather, the ‘060 patent discloses that the specific identifiers merely indicate
`Rather, the ‘060 patent discloses that the specific identifiers merely indicate
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`different functions to be performed by a mobile terminal if the specific identifier is
`different functions to be performed by a mobile terminal if the specific identifier is
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`received by the mobile terminal. Accordingly, the proper construction of the claim
`received by the mobile terminal. Accordingly, the proper construction of the claim
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`term “group of the specific identifiers being for different types of emergencies” is a
`term “group of the specific identifiers being for different types of emergencies” is a
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`group of specific identifiers that, if received by a mobile terminal, cause the mobile
`group of specific identifiers that, if received by a mobile terminal, cause the mobile
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`terminal to perform different functions. (Ex. 1002, ¶75.)
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`terminal to perform different functions. (Ex. 1002, ¶75.) t
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`iv.
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`“Paging message”
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`Claims 1, 7, 12, and 15 of the ‘060 patent recite “a paging message” that is
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`“received from the base station” at a terminal. The term “paging message” can
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`include a “specific identifier” (discussed above), which can be received by
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`terminals of a system. (2:45-48.) A paging message with a specific identifier can
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`indicate “an emergency or other situation,” which can cause a terminal to “support
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`or listen to [a] Cell Broadcast mode.” (2:64-66; 3:46-52; see also 3:56-4:11.) A
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`paging message may also include a temporary mobile subscriber identity (TMSI)
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`that causes a terminal to “establish[] a physical and/or logical channel in the
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`customary manner.” (3:41-46.) Accordingly, a paging message can include a
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`4836-7459-5105.3
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`8
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 10 of 13 PageID #: 1056
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
`
`
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`TMSI or specific identifier, and can be sent to terminals attached to a cell or
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`listening to a sender such as a base station. (2:45-48; 3:41-52, 56-60.)
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`v.
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`“Broadcast channel”
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`Claims 1, 7, 12, and 15 recite a “broadcast channel,” which refers to a “cell-
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`broadcast service” through which a terminal receives broadcast messages or
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`content, such that the terminal “displays or announces or otherwise notifies the
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`user of the terminal [about] the broadcast content.” (2:49-55; 3:6-8 and 20-23.)
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`vi.
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`“At least one of a physical channel and a logical channel”
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`Claims 1, 7, 12, and 15 recite the phrase “at least one of a physical channel and
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`a logical channel,” which refers to a communication channel established at a
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`terminal in response to a TMSI received by the terminal. (3:41-46.) The ‘060
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`patent indicates that the establishment of a “physical and/or logical channel”
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`occurs by the terminal “in the customary manner.” (3:41-46.) One of ordinary
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`skill in the art would recognize that such a “physical and/or logical channel”
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`established in the customary manner refers to the customary use of temporary
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`mobile subscriber identities commonly known in the art to establish
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`communication between a base station and mobile terminal. (Ex. 1002, ¶¶36-38.)
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`For example, as noted by Dr. Akl in his declaration, the ‘060 patent itself discloses
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`that TMSIs of wireless standard “3GPP TS 23.003 V7.1.0 (2006 September),
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`chapter 2” may be used as “subscriber identities” in various embodiments of the
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`4836-7459-5105.3
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 11 of 13 PageID #: 1057
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`‘060 patent. (‘060 patent, 4:25-45; Ex. 1002, ¶39.) In contrast, the ‘060 patent
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`discusses that if a terminal receives a specific identifier or E-TMSI, the terminal
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`will refrain “from establishing an individual physical and logical Channel when
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`receiving a paging message.” (5:51-59.) One of skill in the art would thus
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`interpret “at least one of a physical channel and a logical channel” as a channel
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`established according to the 3GPP standard using TMSIs. (Ex. 1002, ¶¶49-50.)
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`vii.
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`“Temporary mobile subscriber identity”
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`The phrase “temporary mobile subscriber identity” (or TMSI as used in the
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`‘060 patent) as recited in Claims 1, 6, 7, 12, and 15 is used throughout the ‘060
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`patent to refer to any of a specific identifier, TMSI, or E-TMSI. (3:41-55, 60-62.)
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`However, the ‘060 patent discerns two distinct functions that can be performed by
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`a terminal based on a received TMSI. First, where a terminal detects that a “TMSI
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`in [a] paging message corresponds to [a] temporary TMSI allocated from the
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`network to the terminal . . . the terminal establishes a physical and/or logical
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`channel in the customary manner.” (3:41-46.) One of skill in the art would
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`recognize that this usage of a TMSI in the “customary manner” is associated with
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`the 3GPP wireless standard discussed above in section II(vi). (See (‘060 patent,
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`4:25-45; Ex. 1002, ¶¶36-39.) In the context of Claims 1, 7, 12, and 15, “temporary
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`mobile subscriber identity” refers to this first type of TMSI. (Ex. 1002, ¶52.) One
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`of skill in the art would recognize that the claimed TMSI refers to an identifier
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 12 of 13 PageID #: 1058
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`used to establish a physical or logical channel. (Ex. 1002, ¶52.) Indeed, Claim 1
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`recites “establishing ... at least one of a physical channel and a logical channel only
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`if the received paging message includes a temporary mobile subscriber identity
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`allocated to the terminal.” Claims 7, 12, and 15 recite similar elements.
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`A second type of TMSI is also discussed in the ‘060 patent. “Contrary to a
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`normal TMSI, [a] specific identifier is not exclusively allocated to one terminal
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`only but is identically set in several terminals.” (4:59-64.) As discussed above, a
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`specific identifier is a “generic identifier for indicating an emergency situation”
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`that can “cause [a] terminal [] to start or activate the support of [a] cell-broadcast
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`mode.” (3:23-27; 5:18-20.) Thus, this second type of TMSI that invokes a cell-
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`broadcast mode corresponds to the specific identifiers recited in the claims. (Ex.
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`1002, ¶53.) Additionally, one of ordinary skill in the art would recognize that the
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`specific identifiers in Claims 1, 7, 12, and 15 are TMSIs that invoke the cell-
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`broadcast mode. (Ex. 1002, ¶53.) Similarly, the “temporary subscriber mobile
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`identities” of Claim 6 are properly construed as this second type of TMSI. It is
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`further apparent that Claim 6 refers to the second type of TMSIs because Claim 6
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`depends from Claim 1 and recites that “the group of specific identifiers are
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`temporary subscriber mobile identities.” (Ex. 1002, ¶ 53.) The difference between
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`these two TMSI’s, and the different functions they invoke in a terminal, are
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`apparent in Fig. 5 of the ‘060 patent.
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`11
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`4836-7459-5105.3
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`Case 6:14-cv-00982-KNM Document 139-2 Filed 10/26/15 Page 13 of 13 PageID #: 1059
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,668,060
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`
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`[2b] the broadcast mode is a Global
`System for Mobile
`Communications cell-broadcast
`mode.
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`being broadcast, e.g., using a pre-defined,
`standardized indicator bit on at least one
`telephony network control channel, an
`SMS message, a data channel if available,
`or the like.” (4:8-15, emphasis added.)
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`[2b] “The global system for mobile
`communication (“GSM”) is one of the
`most widely utilized wireless access
`systems in today's fast growing
`communication environment. The GSM
`provides circuit-switched data services to
`subscribers, such as mobile telephone or
`computer users.” (5:10-14.)
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`Kwai, Ericsson, and Qualcomm render Claims 4, 5, 10, 11,
`Ground 5.
`13, 14, 16, and 17 unpatentable.
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`As discussed in detail above in Ground 2 with respect to Claims 4, 5, 10, 11, 13,
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`14, 16 and 17, the additional elements of these claims would have been obvious to
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`one of ordinary skill in the art in light of Qualcomm in combination with Kwai and
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`Ericsson. (See supra, Section III, Grounds 2 and 4.)
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`CONCLUSION
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`For the foregoing reasons, Petitioner respectfully requests that Trial be
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`instituted and that Claims 1-17 of the ‘060 patent be canceled.
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`Dated: July 9, 2015
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`Respectfully submitted,
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`By: __/Paul S. Hunter/______
`
`Paul S. Hunter
`Reg. No. 44,787
`Counsel for Petitioner
`
`60
`
`4836-7459-5105.3
`
`