UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION
`Petitioner
`
`v.
`
`SOCKEYE LICENSING TX LLC
`Patent Owner
`____________
`
`U.S. Patent No. 8,879,987 B1
`Issued: November 4, 2014
`Application No.: 13/418,829
`Filed: March 13, 2012
`Title: System, Method And Apparatus For
`Using A Wireless Device To Control Other Devices
`____________
`
`
`
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT 8,879,987 B1
`
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION
`Petitioner
`
`v.
`
`SOCKEYE LICENSING TX LLC
`Patent Owner
`____________
`
`U.S. Patent No. 8,879,987 B1
`Issued: November 4, 2014
`Application No.: 13/418,829
`Filed: March 13, 2012
`Title: System, Method And Apparatus For
`Using A Wireless Device To Control Other Devices
`____________
`
`
`
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT 8,879,987 B1
`
`
`
`
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`IPR2016-01054
`Patent 8,879,987
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`TABLE OF CONTENTS
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`Page
`
`I. MANDATORY NOTICES ............................................................................. 1
`
`A.
`
`Real Party-In-Interest ............................................................................ 1
`
`B.
`
`C.
`
`Related Matters ...................................................................................... 1
`
`Lead Counsel, Back-Up Counsel And Service Information ................. 2
`
`II.
`
`SECTION 42.104(a) CERTIFICATION ......................................................... 2
`
`III. PRELIMINARY STATEMENT ..................................................................... 2
`
`IV. SUMMARY OF PRECISE RELIEF REQUESTED ...................................... 3
`
`V.
`
`THE ’987 PATENT ......................................................................................... 3
`
`A.
`
`The Patent’s Admissions About The Prior Art ..................................... 3
`
`VI. CLAIM CONSTRUCTION ............................................................................ 4
`
`A.
`
`Person Of Ordinary Skill In The Art ..................................................... 4
`
`B.
`
`Broadest Reasonable Interpretation ...................................................... 4
`
`VII. GROUND 1: CLAIMS 6-9 ARE
`OBVIOUS UNDER 35 U.S.C. § 103 OVER SOIN AND WANG ..............11
`
`A.
`
`Soin ......................................................................................................11
`
`B. Wang....................................................................................................12
`
`C. Motivation To Combine Soin And Wang ...........................................12
`
`D.
`
`Independent Claim 6 Is Obvious Over Soin And Wang .....................13
`
`F.
`
`Dependent Claims 8-9 Are Obvious Over Soin And Wang ...............31
`
`VIII. GROUND 2: CLAIM 6 IS OBVIOUS
`UNDER 35 U.S.C. § 103 OVER TEE AND ACHARYA ............................34
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`i
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`IPR2016-01054
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`A.
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`Tee .......................................................................................................34
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`B. Acharya................................................................................................35
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`C. Motivation To Combine Tee And Acharya ........................................35
`
`D.
`
`Independent Claim 6 Is Obvious Over Tee And Acharya ..................37
`
`IX. GROUND 3: CLAIMS 7-9 ARE OBVIOUS
`UNDER 35 U.S.C. § 103 OVER TEE, ACHARYA, AND BENCO ...........44
`
`A.
`
`Benco ...................................................................................................44
`
`B. Motivation To Combine Tee, Acharya, And Benco ...........................45
`
`C.
`
`Independent Claim 7 Is Obvious Over Tee, Acharya, And Benco .....46
`
`D. Dependent Claims 8-9 Are Obvious Over Tee And Acharya .............55
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`X.
`
`CONCLUSION ..............................................................................................59
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`
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`ii
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`Patent 8,879,987
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`
`Cases
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`TABLE OF AUTHORITIES
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`Page(s)
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`Ex Parte Nehls,
`88 USPQ2d 1883 (BPAI 2008) ............................................................................21
`
`In re Fox,
`471 F.2d 1405 (CCPA 1973) ..................................................................... 4, 22, 45
`
`Statutes
`
`35 U.S.C. § 102 ................................................................................................ passim
`
`35 U.S.C. § 103 ....................................................................................... 3, 11, 34, 44
`
`37 C.F.R. § 112 ............................................................................................... 8, 9, 10
`
`37 C.F.R. § 42.100 ..................................................................................................... 4
`
`37 C.F.R. § 42.104 ..................................................................................................... 3
`
`37 C.F.R. § 42.15 ....................................................................................................... 1
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`37 C.F.R. § 42.24 ....................................................................................................... 1
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`
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`
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`iii
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`IPR2016-01054
`Patent 8,879,987
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`LIST OF EXHIBITS
`
`Ex. No. Description / Date
`
`1201
`
`1202
`
`1203
`
`1204
`
`1205
`
`1206
`
`1207
`
`1208
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`1209
`
`1210
`
`Michael D. Harold, U.S. Patent No. 8,879,987, System, Method And
`Apparatus For Using A Wireless Device To Control Other Devices,
`issued November 4, 2014 (“’987 Patent”)
`
`Lai King Tee et al., U.S. Patent Application Publication No.
`2006/0203758 A1, filed September 27, 2005, published September 14,
`2006 (“Tee”)
`
`Shrikant Acharya et al., U.S. Patent Application Publication No.
`2005/0036509 A1, filed June 2, 2004, published February 17, 2005
`(“Acharya”)
`
`Ravipal Soin et al., U.S. Patent Application Publication No.
`2005/0091359 A1, filed February 25, 2004, published April 28, 2005
`(“Soin”)
`
`Tiejun Ronald Wang et al., U.S. Patent Application Publication No.
`2006/0077310 A1, filed June 24, 2005, published April 13, 2006
`(“Wang”)
`
`David S. Benco et al., U.S. Patent Application Publication No.
`2005/0135393 A1, filed December 19, 2003, published June 23, 2005
`(“Benco”)
`
`Applicant’s Response to Office Action During Prosecution of ’342
`Patent, filed May 31, 2011
`
`Declaration of Peter Rysavy (“Rysavy Decl.”), signed and dated April
`30, 2016
`
`Random House Webster’s Computer & Internet Dictionary (2000)
`(excerpts)
`
`Second Declaration of Peter Rysavy (“Second Rysavy Decl.”), signed
`and dated May 17, 2016
`
`1211 U.S. Provisional Application Ser. No. 60/844,645, filed Sep. 15, 2006.
`
`1212 U.S. Patent Application Ser. No. 11/889,941, filed Aug. 17, 2007.
`
`
`
`iv
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`Petitioner RPX Corporation (“RPX”) respectfully requests inter partes
`
`review of claims 6-9 of U.S. Patent No. 8,879,987 (“’987 patent”). The Director is
`
`hereby authorized to charge deposit account no. 02-4550 for the fee specified by
`
`37 C.F.R. § 42.15, along with any additional fees required.
`
`I. MANDATORY NOTICES
`
`A. Real Party-In-Interest
`
`RPX is the sole real party-in-interest in this proceeding. RPX has not
`
`communicated with any client about its intent to contest the validity of the ’987
`
`patent, the preparation of this petition, or the filing of this petition. RPX has
`
`complete control over all aspects of this proceeding and is responsible for all costs
`
`and expenses associated with this proceeding.
`
`B. Related Matters
`
`On April 30, 2016, RPX filed petitions for inter partes review of a different
`
`claim set of the ’987 patent (IPR2016-00985) and of claims in related U.S. Patent
`
`No. 8,135,342 (IPR2016-00989). This Petition is filed concurrently with a second
`
`petition for inter partes review of U.S. Patent No. 8,135,342 (IPR2016-01052) and
`
`a petition for inter partes review of claims 1-5, 12-17, and 19 of the ’987 patent
`
`(IPR2016-01053). The ’987 patent is at issue in five pending lawsuits filed against
`
`Wildcat Licensing LLC et al. in the Northern District of Illinois by TCT Mobile,
`
`Inc. (1-15-cv-10058); Lenovo (United States) Inc. (1-15-cv-09729); Best Buy
`
`1
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`
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`IPR2016-01054
`Patent 8,879,987
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`Stores, LP (1-15-cv-09625); Sony Electronics Inc. et al. (1-15-cv-09628); Hewlett-
`
`Packard Company (1-15-cv-09341). Currently-pending U.S. Patent Appl. No.
`
`14/531,641 claims priority to the ’987 patent.
`
`C. Lead Counsel, Back-Up Counsel And Service Information
`
`Andrew M. Mason (Lead), andrew.mason@klarquist.com, Reg. No. 64,034,
`
`John D. Vandenberg (Back-up), john.vandenberg@klarquist.com, Reg. No.
`
`31,312. Petitioner intends to request pro hac vice admission for Jeffrey S. Love
`
`(Back-up), jeffrey.love@klarquist.com. Klarquist Sparkman, LLP, 121 SW
`
`Salmon St., Ste. 1600, Portland, Oregon 97204, telephone (503) 595-5300, fax
`
`(503) 595-5301. Petitioner consents to electronic service.
`
`II.
`
`SECTION 42.104(a) CERTIFICATION
`
`RPX certifies that the ’987 patent is available for inter partes review and
`
`RPX is not barred or estopped from requesting an inter partes review challenging
`
`the patent claims on the grounds identified in this petition.
`
`III. PRELIMINARY STATEMENT
`
`This Petition relies on different grounds of obviousness, based on two
`
`distinct primary references: (i) Soin and (ii) Tee. The primary references, Soin
`
`and Tee, are not cumulative at least because: Soin discloses broadly applicable
`
`technologies whereas Tee focuses more narrowly on mobile terminals (as reflected
`
`in Soin’s classification by the USPTO in a “Computer Network Managing”
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`2
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`subclass and Tee’s classification under a “Repeater” subclass); Soin is prior art
`
`under 35 U.S.C. § 102(b), whereas Tee is prior art under §§ 102(a), (e); and they
`
`combine with different secondary references to render the challenged claims
`
`obvious.
`
`IV. SUMMARY OF PRECISE RELIEF REQUESTED
`
`RPX requests review of the following claims on the listed grounds:
`
`
`
`Reference(s)
`
`Basis
`
`Claims
`
`Ground 1 Soin (Ex. 1204) and Wang (Ex. 1205)
`
`35 U.S.C.
`§ 103
`
`6-9
`
`Ground 2 Tee (Ex. 1202) and Acharya (Ex. 1203) 35 U.S.C.
`§ 103
`
`6
`
`Ground 3 Tee, Acharya, and Benco (Ex. 1206)
`
`35 U.S.C.
`§ 103
`
`7-9
`
`Sections VII-IX below provide the required statements of precise relief
`
`requested for each claim challenged, per 37 C.F.R. § 42.104(b).
`
`For the reasons set forth herein, there is at least a reasonable likelihood that
`
`petitioner will prevail with respect to at least one of the challenged claims.
`
`V. THE ’987 PATENT
`
`A. The Patent’s Admissions About The Prior Art
`
`Challenged claim 6 includes a multi-user aspect (“two users interconnect
`
`…”) but the ’987 patent provides few details on implementation of multi-user
`
`embodiments, in just two sentences and one figure. Accordingly, a skilled artisan
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`3
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`Patent 8,879,987
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`knew how to implement such features. In re Fox, 471 F.2d 1405, 1407 (CCPA
`
`1973) (claim elements not described in detail in the specification presumed known
`
`to a skilled artisan); Rysavy Decl. ¶¶ 41, 54, 90.
`
`VI. CLAIM CONSTRUCTION
`
`A.
`
`Person Of Ordinary Skill In The Art
`
`The person of ordinary skill in the art in September 2006 (“skilled artisan”)
`
`would have had a bachelor’s degree in computer science, computer engineering,
`
`and/or electrical engineering and at least 1-2 years of communications and/or
`
`network engineering experience, including experience with wired and wireless
`
`networks, local- and wide-area networks, and interconnection of various user
`
`devices through these types of networks. Rysavy Decl. ¶¶ 30-33.
`
`B.
`
`Broadest Reasonable Interpretation
`
`The challenged claims are given their broadest reasonable interpretation
`
`(“BRI”) in light of the specification. 37 C.F.R. § 42.100(b). RPX proposes the
`
`following constructions, which would be the same under Phillips. Each is
`
`pertinent because the prior art discloses the elements of the proposed constructions.
`
`“user information” (claims 6-7): “user information” can be documents,
`
`applications, songs, and/or movies, as the patent describes these as examples of
`
`“user information.” ’987 patent 12:65-13:2; Rysavy Decl. ¶ 37. A skilled artisan
`
`would have understood “user information” to generally refer to any data,
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`4
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`documents, or information accessible to one or more users over a network, e.g.,
`
`through a web browser via the Internet. Second Rysavy Decl. ¶¶ 29-31.
`
`Outside the claims, the ’987 patent first suggests that “user information”
`
`differs from “media,” ’987 13:54-56, but later provides “a movie or steaming [sic]
`
`video on a selected peripheral device” as an example of “displaying user
`
`information,” ’987 13:58-62. The term’s sole other appearance could be read
`
`either as equating “user information” with “media” or distinguishing the two from
`
`one another. ’987 13:44-46 (“[T]he user controls the user information or media.”).
`
`The ’987 patent also discusses how its techniques can be used over the
`
`Internet to access information uploaded by “another.” ’987 patent 14:17-27. A
`
`skilled artisan would have understood this to refer to a wireless device user
`
`accessing content (user information) uploaded to a website by that or another user.
`
`Second Rysavy Decl. ¶¶ 29-30.
`
`This term may not bear construction, as “user information” does not add a
`
`patentable distinction over the prior art. Second Rysavy Decl. ¶ 31. To the extent
`
`it is construed, however, it should be construed broadly.
`
`“two users interconnect to said peripheral device, said two users
`
`controlling said user information” (claim 6): The patent makes only passing
`
`mention of multi-user scenarios, with gaming as a non-limiting example. ’987
`
`patent 14:50-56. The ’987 patent depicts a multi-user environment in Fig. 4, but
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`5
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`does not describe whether both devices (401 and 402) are connected to the
`
`peripheral device (502) simultaneously or one at a time. A skilled artisan would
`
`have understood this language to encompass both simultaneous and one-at-a-time
`
`connection and control. Rysavy Decl. ¶ 41. Moreover, “simultaneous” does not
`
`appear in this claim, although Patent Owner used “simultaneously” to limit claim
`
`5.
`
`Thus, this term encompasses two users connecting and controlling both
`
`(i) simultaneously, or (ii) one at a time, such as when passing control of a
`
`presentation among users.
`
`“receiving said user information in a manner that uniquely associates
`
`the user information with one or more peripheral devices and uniquely
`
`associates each peripheral device with one or more users” (claim 6): Outside
`
`the claims, the ’987 patent does not discuss uniquely associating user information
`
`with peripheral devices or uniquely associating a peripheral device with a user.
`
`The patent fails even to use the terms “unique” or “uniquely.” Nor does it discuss
`
`different manners of receiving.
`
`With respect to the claim term’s first part (“receiving said user information
`
`in a manner that uniquely associates the user information with … peripheral
`
`devices”), the ‘987 patent at best discusses user information being transmitted to
`
`specific peripheral device(s) selected by the user. See, e.g., ‘987 patent, 3:54-60
`
`6
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`IPR2016-01054
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`(“… user to specify the devices …”); 4:21-39. Accordingly, this first part of this
`
`term encompasses at least: the wireless device receiving the user information in a
`
`way that associates the user information to specific, user-selected peripheral
`
`devices, allowing for transmission to those devices. Second Rysavy Decl. ¶¶ 11-
`
`13.
`
`The term’s second part (“… uniquely associates each peripheral device with
`
`one or more users”), fails to indicate whether the “users” are users of the wireless
`
`device, users of the peripheral device, or simply generic “users.” One example of
`
`how peripheral devices might become associated to the user is the patent’s
`
`description of how “a wireless cell phone device user” may “specify the devices to
`
`which the wireless cell phone will connect.” ’987 patent 3:54-56. Once the
`
`wireless device user specifies, or associates with, these peripheral devices, the
`
`wireless device insures that downloaded information is relayed to the peripheral
`
`devices, thereby (i) uniquely associating the wireless device user with the user
`
`information (it comes from that user’s wireless device) and (ii) uniquely
`
`associating the peripheral device user with the user information (it is received at a
`
`user-specified peripheral device). E.g., 5:9-17. Accordingly, the second part of
`
`the term should be construed to encompass at least: the wireless device receiving
`
`the user information in a way that reflects an association between each of the
`
`selected peripheral devices and a wireless device user. Second Rysavy Decl.
`
`7
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`¶¶ 11-13.
`
`“means for connecting a user of said wireless device to user information
`
`stored for the respective wireless device on a server in a communications
`
`network” (claim 7): Under 37 C.F.R. § 112(f), this term encompasses at least the
`
`combination of a “digital baseband” and “TCP/IP services,” as these are the
`
`structures that the patent specifies for carrying out “connecting a user of said
`
`wireless device to user information … on a server in a communications network.”
`
`E.g., ’987 patent 7:1-9, Figs. 1, 3A-3D; Second Rysavy Decl. ¶¶ 14-16. Although
`
`the patent provides no explanation or definition of these terms, a skilled artisan
`
`would have understood (i) a “digital baseband” to be hardware and/or software
`
`configured to down-convert a signal and further process it to extract information
`
`being received (receive path) or process information into a signal and then up-
`
`convert the signal for transmission (transmit path) and (ii) “TCP/IP services” to
`
`encompass hardware and/or software configured to carry out data transfer over a
`
`network such as the Internet, or otherwise using portions of the TCP/IP suite for
`
`network data transfer. Rysavy Decl. ¶¶ 17-18.
`
`The patent does not describe “user information stored for the respective
`
`wireless device on a server,” as recited in the middle of this element. The patent
`
`separately mentions information personal to the user, not the wireless device, and
`
`thus the claimed “user information stored for the respective wireless device”
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`8
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`cannot refer to personalized information. ’987 patent 14:1-3. Accordingly, this
`
`portion of the phrase—“stored for the respective wireless device”—must mean that
`
`the information is stored in such a manner that the wireless device can access it.
`
`Second Rysavy Decl. ¶ 15. This is consistent with the previously-identified
`
`structure and, in any event, the structure does not change based on who or what the
`
`information is “stored for.” Second Rysavy Decl. ¶ 15.
`
`“means for downloading said user information to said wireless device”
`
`(claim 7): Under Section 112(f), this term encompasses at least the combination
`
`of a “digital baseband,” “TCP/IP services,” and a “desktop browser,” as the patent
`
`specifies that these structures together carry out the claimed function. E.g., ’987
`
`patent 7:9-18, Figs. 1, 3A-3D; Second Rysavy Decl. ¶¶ 19-20. A skilled artisan
`
`would have understood “desktop browser” to encompass software configured to
`
`access any web site, e.g., a web browser. ’987 patent, 3:17-19, 7:5-9; Second
`
`Rysavy Decl. ¶ 20.
`
`“means for relaying the downloaded user information, at the control of
`
`said user, to a peripheral device” (claim 7): Under Section 112(f), this term
`
`encompasses at least the combination of a “desktop browser”; “TCP/IP services”;
`
`“peripheral communications hardware and software” configured to implement at
`
`least one of the USB, IEEE 1394, or IEEE 802.11 protocols; and a “device driver”
`
`for the peripheral communications hardware. Second Rysavy Decl. ¶ 21-25. The
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`9
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`patent specifies these particular structures and protocols together as relaying the
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`downloaded user information (to the peripheral device), e.g., ’987 patent 7:9-18,
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`8:60-9:12, 9:59-67, Figs. 1, 3A-3D; Second Rysavy Decl. ¶ 21-25, at the control of
`
`the user, ’987 patent 3:54-57; id. 10:34-37; Second Rysavy Decl. ¶ 22. As above,
`
`a skilled artisan would have understood “desktop browser” to mean “software
`
`configured to access any web site, e.g., a web browser.”
`
`“means for operating said peripheral device from said wireless device”
`
`(claim 7): Outside the claims, the ’987 patent does not discuss “operating” a
`
`peripheral device, but the specification describes two analogous concepts: one, a
`
`user “control[ling] various peripheral devices,” e.g., to “navigate through the user
`
`information, a website or other media, play a game or access media,” ’987 patent
`
`13:52-60; and two, a “wireless cell phone device … made to operate as a
`
`traditional desktop computing environment, i.e., one having a full-sized computer
`
`screen, keyboard, mouse, printer and speakers.” Id. at 6:22-26; see also Rysavy
`
`Decl. ¶ 38.
`
`Under Section 112(f), structures corresponding to the first concept of
`
`“operating” include either a keypad on the wireless device or a keyboard or mouse
`
`connected to the wireless device, as these are particular structures that the patent
`
`suggests could be used to operate the peripheral device from the wireless device.
`
`’987 patent, 11:59-60 (“… keypad 412 ….”); 6:31-33 (“… desktop keyboard and
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`10
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`mouse connected to the cell phone device.”); see also 13:58-62; Second Rysavy
`
`Decl. ¶¶ 26, 28.
`
`Structures corresponding to the second concept of “operating” (“traditional
`
`desktop computing environment”) include those identified above for the “means
`
`for relaying …” element: TCP/IP services, device drivers, and “peripheral
`
`communications hardware and software.” Second Rysavy Decl. ¶¶ 27-28. Using
`
`these structures, the wireless device communicates with and controls the peripheral
`
`device. Second Rysavy Decl. ¶¶ 22, 27.
`
`VII. GROUND 1: CLAIMS 6-9 ARE
`OBVIOUS UNDER 35 U.S.C. § 103 OVER SOIN AND WANG
`
`A.
`
`Soin
`
`Soin published April 28, 2005, and is prior art under § 102(b). Soin
`
`describes systems and methods for providing content to an alternate display device
`
`from different wireless computing devices, such as handheld or laptop devices.
`
`Soin, Abstract & ¶¶ 44, 91. Soin also describes how the wireless devices connect
`
`to the Internet, “which provides an infrastructure for widely distributed
`
`computing.” Soin ¶ 37; see also id. ¶ 69 (“Individuals and business users alike are
`
`provided with a seamlessly interoperable and Web-enabled interface for
`
`applications and computing devices, making computing activities increasingly
`
`Web browser or network-oriented.”). Thus, the systems and methods in Soin allow
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`11
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`multiple users on multiple devices to download content from Web servers through
`
`Web-enabled applications, and then control display of that content on alternate
`
`display devices, such as projectors or laptops. Rysavy Decl. ¶¶ 95-120.
`
`B. Wang
`
`Wang published April 13, 2006, from an application filed June 24, 2005, and
`
`is prior art under at least §§ 102(a) and 102(e).
`
`Wang describes how a “video
`
`signal” or other “multimedia data
`
`stream” from a “wireless communication
`
`network” is received at a mobile
`
`terminal, converted, and then provided
`
`to an alternate display terminal, either
`
`wirelessly or over a wired connection.
`
`Wang, Abstract; Fig. 1.
`
`C. Motivation To Combine Soin And Wang
`
`One of ordinary skill in the art would have been motivated to combine the
`
`teachings of Soin with the relevant teachings of Wang discussed below. Rysavy
`
`Decl. ¶¶ 121-122. Both Soin and Wang address communicating multimedia data
`
`from a network server through a portable device to peripheral devices, such as
`
`displays. Soin does not teach use of a docking station or hub within its system;
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`12
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`Patent 8,879,987
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`however, docking stations were well known. Rysavy Decl. ¶ 122. For example,
`
`Wang teaches such a device in the form of a mobile terminal signal conversion
`
`module (MTSCM). Wang ¶ 29. Wang also explains the benefits of using such
`
`devices in systems like that disclosed in Soin. Wang ¶¶ 44-51. For example,
`
`Wang explains how an MTSCM “provides the flexibility of allowing any standard
`
`mobile terminal and/or display to be potentially interface [sic] with the MTSCM
`
`without imposing constraints on the mobile terminal or external display terminal
`
`manufacturers.” Wang ¶ 51 (noting that this requires additional hardware). A
`
`skilled artisan would have been motivated to improve Soin by incorporating
`
`features of Wang, such as the MTSCM device. A skilled artisan would have
`
`recognized that the MTSCM could be incorporated into the Soin system as a
`
`peripheral device hub that could, in turn, connect to other peripheral devices, such
`
`as a display, as taught in Wang. Wang ¶¶ 32-34, Rysavy Decl. ¶ 122.
`
`In addition to the increased device flexibility offered by Wang’s MTSCM
`
`device, this improvement would be wholly compatible with the Soin system as
`
`such peripheral hub devices were common by 2006. Rysavy Decl. ¶ 120.
`
`D.
`
`Independent Claim 6 Is Obvious Over Soin And Wang
`
`Claim 6
`6.1 A method
`for facilitating
`user
`
`Soin and Wang
`“[T]he invention applies to any device wherein it may be
`desirable to wirelessly project content from one computing
`device to the display of another computing device. ….” Soin
`¶ 58; Rysavy Decl. ¶¶ 93-120.
`
`13
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`IPR2016-01054
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`
`connectivity,
`comprising:
`6.2
`downloading,
`by a user on a
`wireless device
`in a
`communications
`network from a
`server in said
`communications
`network, user
`information to
`said wireless
`device;
`
`Soin: “In a network environment in which the
`communications network/bus 14 is the Internet, for example,
`the servers … can be Web servers with which the clients …
`communicate via any of a number of known protocols such as
`HTTP.” Soin ¶ 44; see also Soin ¶ 45 (“access to various
`types of storage elements or objects … portion(s) of files or
`data streams may be downloaded, transmitted or migrated.”
`Soin ¶ 45; see also id. ¶ 56 (“remote application programs”),
`¶ 33 (“server computers and client computers deployed in a
`network environment … having remote or local storage”),
`Soin ¶¶ 33, 47, 69-71, 177, Figs. 2A-2C; Rysavy Decl. ¶¶ 95-
`104, 124-126.
`
`Wang: “[M]ultimedia information may be provided by any
`number of service providers … to a cellular phone …
`wireless communication networks include but are not limited
`to a cellular communications network or a wireless local area
`network.” Wang ¶ 27; see also Wang Fig. 1; Rysavy Decl.
`¶¶ 127-128.
`
`Soin describes “computing devices,” including “a gaming console, handheld
`
`computer, portable computer, etc., whether wired or wireless.” Soin ¶ 181; see
`
`also id. ¶¶ 3-4, Fig. 2A, ¶ 162 (“[T]he invention applies to any computing device,
`
`PC or otherwise, not just mobile devices.”). These computing devices are in a
`
`communications network, such as the Internet, e.g., Soin Fig. 2, ¶¶ 37, 181, and
`
`have a “Web-enabled interface” that “mak[es] computing activities increasingly
`
`Web browser or network-oriented,” Soin ¶ 69.
`
`Users running Web-based applications in the Soin system would download
`
`user information, such as “files or data streams,” to the computing device. Soin
`
`14
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`IPR2016-01054
`Patent 8,879,987
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`¶ 45; Rysavy Decl. ¶¶ 95-104, 124-126. Soin teaches that a Terminal Services
`
`(“TS”) server could run essentially any “[s]tandard Windows-based applications”
`
`without modification. Soin ¶ 77. In this timeframe, such applications were known
`
`to include at least multimedia applications and web browsers. Rysavy Decl. ¶¶ 98,
`
`101, 104, 126. While Soin does not explicitly provide detail on the types of
`
`downloaded information, Soin does disclose downloading of “files or data
`
`streams.” Soin ¶ 45. Thus, a skilled artisan would have understood that types of
`
`information would have included video or multimedia, as specifically taught by
`
`Wang: “multimedia information may be provided by any number of service
`
`providers 102 a-b and delivered through a network 104 to a base station 106 to
`
`ultimately accommodate transmission of the multimedia information … to a
`
`cellular phone 108.” Wang ¶ 27. Thus, Soin and Wang teach element 6.2.
`
`“The API also provides a way to invite and un-invite
`clients …. The purpose of the user control point is to
`display a list of available alternate display devices from
`which the user can select for connection.” Soin ¶ 116; see
`also Soin ¶¶ 117, 98; Second Rysavy Decl. ¶¶ 59-60.
`
`6.3 receiving said
`user information in
`a manner that
`uniquely associates
`the user
`information with
`one or more
`peripheral devices
`and uniquely
`associates each
`peripheral device
`with one or more
`users;
`
`15
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`As noted above in Section VI.B (claim construction), the ’987 patent
`
`provides little guidance on the meaning or scope of the term “uniquely associates,”
`
`but this term encompasses at least receiving the user information in a way that
`
`(i) associates the user information to specific, user-selected peripheral devices,
`
`allowing for transmission to those devices and (ii) associates the selected
`
`peripherals to the user (or users) of the wireless device.
`
`Soin describes how a user selects alternate displays (peripheral devices) to
`
`which the user information is transmitted, e.g., by inviting or un-inviting specific
`
`displays to view the presentation in a multi-monitor display mode. E.g., Soin
`
`¶ 116. On receiving user information through, e.g., a Web browser, the mobile
`
`device associates this user information with the specific alternate displays selected
`
`by the user, as reflected in the fact that the information ultimately is transmitted to
`
`those associated devices. Soin ¶ 98; Second Rysavy Decl. ¶¶ 59-60. Because the
`
`user information is provided to only a specific group of alternate displays (and not
`
`other displays), the user information is uniquely associated with the selected
`
`displays (peripheral devices). Rysavy Decl. ¶¶ 199-201. And because the user
`
`information is associated with the user and received in a way that associates it with
`
`the alternate display devices, that receiving also associates the selected alternate
`
`display devices with the user of the mobile device. Second Rysavy Decl. ¶ 60.
`
`Said another way, the user of the mobile device (wireless device) is associated with
`
`16
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`IPR2016-01054
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`those peripheral devices that he or she selected, by virtue of the user’s selection of
`
`those devices – subsequently downloaded information is received in a manner that
`
`reflects this association. Second Rysavy Decl. ¶ 60.
`
`6.4 transmitting,
`under control of
`each user
`accessing said
`wireless device,
`the downloaded
`user
`information
`from said
`wireless device
`to a peripheral
`device,
`
`“[T]he invention enables a display device, such as a projector
`or large display monitor, to … to receive content/data from a
`mobile computing device.” Soin ¶ 98; see also Soin ¶ 21,
`¶ 26 (“Alternate Display Device, or Projector Device: ….”).
`“Melissa walks into a conference room …. She wirelessly
`projects the slide show on her laptop as-is on the projector.”
`¶ 102; see also Soin ¶¶ 103-04. “[T]he user is asked via the
`UI if he wants to project content. … the user picks a display,
`e.g., projector to which to display content.” Soin ¶ 106; see
`also id. Fig. 3. “…user to discover and remotely control a
`projector … and extend a desktop to a disaggregated display
`device.” Soin ¶ 109; see also Soin ¶ 112; Rysavy Decl. ¶¶
`129-130.
`
`Soin describes how a user would control transmission of the user
`
`information from the computing device (e.g., a laptop) to a peripheral device
`
`(referred to as an “alternate display device” or “projector device”). Soin ¶¶ 26, 98.
`
`For example, a user who downloaded search results information from a Web server
`
`to her laptop, e.g., when running a Web browser, could then control transmission
`
`of the search results information to an alternate display for viewing. Soin ¶ 98
`
`(“receive content/data from a mobile computing device”); see also Soin ¶¶ 106,
`
`109; Rysavy Decl. ¶ 129-130.
`
`6.5 wherein said peripheral
`device, controlled by said
`user from said wireless
`
`“Patrick sets his laptop in the meeting mode as he
`enters the client’s conference room. His machine
`discovers the wireless projector in the room.” Soin
`
`17
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`IPR2016-01054
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`device, is connected to a
`separate system,
`
`¶ 103; see also Soin ¶¶ 102, 104; Rysavy De
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