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Volkswagen Group of America, Inc. v. Neo Wireless LLC

Docket IPR2022-01567, Patent Trial and Appeal Board (Sept. 27, 2022)

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59 Final Written Decision original: Determining No Challenged Claims Unpatentable 35 USC § 318a

Document IPR2022-01567, No. 59 Final Written Decision original - Determining No Challenged Claims Unpatentable 35 USC § 318a (P.T.A.B. Nov. 1, 2024)
According to the ’450 Patent, the MAP scheduling method defined by the IEEE 802.16 standard involves significant control overhead, amounting altogether to 52 bits, representing as much as 32.5% of overall data communication for application such as voice-over-IP (VoIP) and resulting in a relatively low spectral efficiency.
Patent Owner contends that its arguments and the Board’s decision in the IPR2021-01486 distinguishing prior art that is materially identical to Vijayan089 and Vijayan475 on the basis that separate time and frequency coordinates do not disclose the claimed “time-frequency coordinate” is sufficient to create a disclaimer.
According to Petitioner, “[r]ather than being limited to sending separate time and frequency coordinates, Figure 7B identifies the starting position for a segment and the number of units in that segment.” Pet.
In the alternative, Petitioner contends that Wu explicitly discloses the recited “assigning” step, citing Wu’s disclosures of a base station assigning a UE identifier to a mobile device via a control channel in an OFDM system.
Patent 10,447,450 B2 Based on the entire record, we are not persuaded that Vijayan475 teaches or suggests “a starting time-frequency coordinate” in accordance with the correct plain and ordinary meaning that disclaims separate time and frequency coordinates.
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58 Notice Other: Institution decision and grant of joinder, IPR2023 00962

Document IPR2022-01567, No. 58 Notice Other - Institution decision and grant of joinder, IPR2023 00962 (P.T.A.B. Sep. 12, 2024)
General Motors LLC and Nissan North America Inc. (collectively “Petitioner”) filed a Petition requesting inter partes review of claims 7 and 11 of U.S. Patent No. 10,447,450 B2 (Ex. 1001, “the ’450 Patent”).
According to the ’450 Patent, the MAP scheduling method defined by the IEEE 802.16 standard involves significant control overhead, amounting altogether to 52 bits, representing as much as 32.5% of overall data communication for application such as voice-over-IP (VoIP) and resulting in a relatively low spectral efficiency.
Claim 7 is representative and is reproduced below: A mobile device in a wireless packet system using a frame structure of multiple frames for transmission, each frame comprising a plurality of time intervals, each time interval comprising a plurality of orthogonal frequency division multiplexing (OFDM) symbols, and each OFDM symbol containing a plurality of frequency subcarriers, the mobile device configured to: receive an identifier from a base station in a cell in which the mobile device is operating; and receive a signal containing information from the base station over a segment of time-frequency resource, the segment having a starting time-frequency coordinate and the segment comprising N time-frequency resource units within a time interval, each unit containing a set of frequency subcarriers in a group of OFDM symbols, where N=2, 4, or 8; and
Patent 10,447,450 B2 “To join a party to an instituted [inter partes review (IPR)], the plain language of § 315(c) requires two different decisions.” Facebook, Inc. v. Windy City Innovations, LLC, 973 F.3d 1321, 1332 (Fed. Cir. 2020).
5 General Motors LLC and Nissan North America, Inc. were joined as a petitioner to this proceeding based on a petition and motion for joinder filed in IPR2023-00962, which were granted.
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57 Other Hearing transcript: Other Hearing transcript

Document IPR2022-01567, No. 57 Other Hearing transcript - Other Hearing transcript (P.T.A.B. May. 17, 2024)
Caldwell, Cassady & Curry P.C. 2121 N Pearl, Suite 1200 Dallas, TX 75201 The above-entitled matter came on for hearing on Friday, March 29, 2024, commencing at 3:20 p.m., at the U.S. Patent and Trademark Office, 600 Dulany Street, Alexandria, Virginia.
We’ll see that the ’450 patent operates in this exact same manner; in particular, and if we look at V3 shown in the lower left-hand quadrant of this figure, in fact, extends into the second column appearing above it, thus maintaining the persistent zigzag pattern that is common throughout all these publications as we move through what it means to be a one-dimensional system of navigating this.
Similarly, the fact that Vijayan089 discloses a zigzag plot assignment does not change its earlier express disclosure that the start of segment parameter is specified by a time and separate frequency coordinate.
And then going to slide 44, their expert agreed at deposition that to specify the start of the segment, either by separate time and frequency coordinate or by the new method of the indexing that they propose in the Reply, you end up requiring the same number of bits.
If you make the combination that the Reply proposes, meaning if you were to modify the Vijayan089 to specify the start of the segment instead of by time and frequency coordinates, through an indexing like Park, you actually increase overhead.
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56 Order Other: Order Adjusting One Year Pendency Due to Joinder 35 USC § 316a11 37 CFR § 42100c

Document IPR2022-01567, No. 56 Order Other - Order Adjusting One Year Pendency Due to Joinder 35 USC § 316a11 37 CFR § 42100c (P.T.A.B. Apr. 17, 2024)
General Motors LLC, Nissan North America, Inc., and Tesla, Inc., were joined as a petitioner to this proceeding based on a petition and motion for joinder filed in IPR2023-00963, which were granted.
On October 11, 2023, we joined American Honda Motor Co., Inc., who filed a petition in IPR2023-00793, as petitioner in this proceeding.
On December 6, 2023, we joined General Motors LLC, Nissan North America, Inc., and Tesla, Inc., who filed a petition in IPR2023-00963, as petitioners in this proceeding.
In particular, 37 C.F.R. § 42.100(c) provides that “[a]n inter partes review proceeding shall be administered such that pendency before the Board after institution is normally no more than one year.
Patent 10,447,450 B2 For PETITIONER: Thomas A. Rozylowicz John T. Johnson Jeffrey C. Mok Won S. Yoon Timothy W. Riffe Usman A. Khan
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52 Order Other: ORDER Setting Oral Argument

Document IPR2022-01567, No. 52 Order Other - ORDER Setting Oral Argument (P.T.A.B. Mar. 6, 2024)
General Motors LLC, Nissan North America, Inc., and Tesla, Inc., were joined as a petitioner to this proceeding based on a petition and motion for joinder filed in IPR2023-00963, which were granted.
Finally, the parties are reminded that each presenter should identify clearly and specifically each paper (e.g., by slide or screen number for a demonstrative) referenced during the hearing to ensure the clarity and accuracy of the court reporter’s transcript and for the benefit of all participants appearing electronically.
The Board will grant up to fifteen (15) minutes of additional argument time to that party, depending on the length of the proceeding and the PTAB’s hearing schedule.
All practitioners are expected to have a command of the factual record, the applicable law, and Board procedures, as well as the authority to commit the party they represent.
Patent 10,447,450 B2 For PETITIONER: Thomas A. Rozylowicz John T. Johnson Jeffrey C. Mok Won S. Yoon Timothy W. Riffe Usman A. Khan
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48 Order Other: Revised Due Date Appendix 37 CFR § 425

Document IPR2022-01567, No. 48 Order Other - Revised Due Date Appendix 37 CFR § 425 (P.T.A.B. Feb. 8, 2024)
1 American Honda Motor Co. Inc. was joined as a petitioner to this proceeding based on a petition and motion for joinder filed in IPR2023- 00793, which were granted.
General Motors LLC, Nissan North America, Inc., and Tesla, Inc., were joined as a petitioner to this proceeding based on a petition and motion for joinder filed in IPR2023-00963, which were granted.
Volkswagen Group of America, Inc., has been terminated from this proceeding.
Patent 10,447,450 B2 This Revised Due Date Appendix supersedes the Due Dates in the prior Scheduling Order, reflects the changes previously made to Due Dates 4 and 8 (see Paper 47, 3), and adopts the parties’ proposed new Due Dates 3 and 5–7.
Patent 10,447,450 B2 For PETITIONER: Thomas A. Rozylowicz John T. Johnson Jeffrey C. Mok Won S. Yoon Timothy W. Riffe Usman A. Khan
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46 Order Other: Order Conduct of Proceeding

Document IPR2022-01567, No. 46 Order Other - Order Conduct of Proceeding (P.T.A.B. Jan. 31, 2024)
1 American Honda Motor Co. Inc. was joined as a petitioner to this proceeding based on a petition and motion for joinder filed in IPR2023- 00793, which were granted.
General Motors LLC, Nissan North America, Inc., and Tesla, Inc., were joined as a petitioner to this proceeding based on a petition and motion for joinder filed in IPR2023-00963, which were granted.
Volkswagen Group of America, Inc. (“VWGoA”) filed a Petition requesting inter partes review challenging claims 1–18 of U.S. Patent 10,447,450 B2 (“’450 patent”).
Subsequently, American Honda Motor Co. Inc. (“Honda”) filed a Petition requesting inter partes review along with a Motion for Joinder in IPR2023- 00793, which were granted.
In its Motion for Joinder, GM, Nissan, and Tesla agreed to take an “understudy” role as long as Volkswagen remained a party to this proceeding.
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