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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION
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`Petitioner
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`v.
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`UNILOC 2017 LLC
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`Patent Owner
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`IPR2019-00973
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`U.S. PATENT NO. 7,075,917
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`PATENT OWNER PRELIMINARY RESPONSE TO PETITION
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`PURSUANT TO 37 C.F.R. § 42.107(a)
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`1
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`I.
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`II.
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`Table of Contents
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`INTRODUCTION
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`THE ‘917 PATENT
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`A.
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`B.
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`C.
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`Effective Filing Date of the ‘917 Patent
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`Overview of the ‘917 Patent
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`Prosecution History of the ‘917 Patent
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`III. RELATED PROCEEDINGS
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
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`V.
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`THE PETITION IMPROPERLY REDUDANTLY
`CHALLENGES THE CLAIMS AT ISSUE
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`VI. PETITIONER DOES NOT PROVE A REASONABLE
`LIKELIHOOD OF UNPATENTABILITY FOR ANY
`CHALLENGED CLAIM
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`Claim Construction Standard
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`A.
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`B.
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`C.
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`U.S. Patent No. 7,075,917
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`4
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`5
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`13
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`14
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`15
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`15
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`20
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`No prima facie obviousness for “storing abbreviated sequence
`numbers whose length depends on the maximum number of coded
`transport blocks to be stored and which can be shown unambiguously
`in a packet data unit sequence number”
`21
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`1.
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`Abrol is deficient, at least as failing to teach “abbreviated
`sequence numbers whose length depends on the maximum
`number of coded transport blocks to be stored”
`21
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`The Petition does not establish that TR25.835 teaches or renders
`obvious either: “a physical layer of a receiving side…for testing the
`correct reception of the coded transport block”; or “a physical layer
`of a receiving side…for sending a positive acknowledgment command
`to the transmitting side over a back channel when there is correct
`reception and a negative acknowledge command when there is error-
`affected reception” of Claim 1.
`24
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`1.
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`2.
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`The Petition fails to establish that TR25.835 is prior art as
`to the ‘917 Patent.
`25
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`TR25.835 fails to teach “a physical layer of a receiving
`side…for sending a positive acknowledgment command to
`the transmitting side over a back channel when there is
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`2
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`correct reception and a negative acknowledge command
`when there is error-affected reception” as recited in Claim
`1.
`31
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`D. No prima facie obviousness for the recitation “storing abbreviated
`sequence numbers whose length depends on the maximum number of
`coded transport blocks to be stored and which can be shown
`unambiguously in a packet data unit a sequence number” of Claims 9
`and 10.
`33
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`E.
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`No prima facie obviousness for the recitations of either: “a physical
`layer of a receiving side…for testing the correct reception of the
`coded transport block”; or “a physical layer of a receiving side…for
`sending a positive acknowledgment command to the transmitting side
`over a back channel when there is correct reception and a negative
`acknowledge command when there is error-affected reception” of
`Claims 9 and 10.
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`34
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`VII. CONCLUSION
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`35
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`I.
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`INTRODUCTION
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`Pursuant to 35 U.S.C. §313 and 37 C.F.R. §42.107(a), Uniloc 2017 LLC (the
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`“Patent Owner” or “Uniloc”) submits Uniloc’s Preliminary Response to the Petition
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`for Inter Partes Review (“Pet.” or “Petition”) of United States Patent No. 7,075,917
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`(“the ‘917 patent” or “Ex. 1001”) filed by Microsoft Corporation (“Petitioner”) in
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`IPR2019-00973.
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`In view of the reasons presented herein, the Petition should be denied in its
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`entirety as failing to meet the threshold burden of proving there is a reasonable
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`likelihood that at least one challenged claim is unpatentable.
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`Uniloc addresses each ground and provides specific examples of how
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`Petitioner failed to establish that it is more likely than not that it would prevail with
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`respect to at least one of the challenged ‘917 Patent claims. As a non-limiting
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`example described in more detail below, the Petition fails the all-elements-rule in
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`not addressing every feature of any of the challenged claims.
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`Accordingly, Uniloc respectfully requests that the Board decline institution of
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`trial on Claims 1-3 and 9-10 of the ‘917 Patent.
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`II. THE ‘917 PATENT
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`A. Effective Filing Date of the ‘917 Patent
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`The ‘917 patent is titled “Wireless Network with a Data Exchange According
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`to the ARQ Method.” The ‘917 Patent issued on July 11, 2006, from United States
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`Patent Application No. 09/973,312, filed October 9, 2001, which claims priority to
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`German Patent Application No. 100 50 117, filed October 11, 2000. The Petition
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`does not dispute that the effective filing date of the ‘917 Patent is October 11, 2000.
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`B. Overview of the ‘917 Patent
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`The ‘917 Patent discloses various embodiments of a communication network
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`intended for use in wireless communications. In general terms, the ‘917 Patent
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`addresses challenges with wireless networks having a radio network controller, and
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`terminals in communication with the radio network controller. (Ex. 1001; 1:5-7).
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`Data transmitted between the radio network controller and the terminals is
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`transmitted through channels predefined by the radio network controller. (Ex. 1001;
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`3: 57-60). The radio link from the radio network controller to the terminals is referred
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`to as the downlink; and, the radio link from the terminals to the radio network
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`controller is referred to as the uplink. (Ex. 1001; 3:62-67).
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`The network may be operated using a layer model, or protocol architecture, in
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`accordance with a set of standards, known as the 3rd Generation Partnership Project
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`(3GPP); Technical Specification Group (TSG) RAN; Working Group 2 (WG2):
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`Radio Interface Protocol Architecture: TS25.301 V3.6.0). (Ex. 1001; 6:9-16).
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`U.S. Patent No. 7,075,917
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`As explained with reference to Fig. 2 of the ‘917 Patent, the layer model has
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`three protocol layers: the physical layer PHY, a data connection layer including sub-
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`layers MAC, for Medium Access Control, and RLC, for Radio Link Control, and the
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`layer RRC for radio resource control. (Ex. 1001, 4:43-48). The RRC layer is
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`responsible for signaling between the radio network controller and the mobile
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`U.S. Patent No. 7,075,917
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`terminals. (Ex. 1001, 4:49-51). The sub-layer RLC controls radio links between
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`remote terminals and radio network controllers. (Ex. 1001; 4:51-53). The layer RRC
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`controls layers MAC and PHY via control lines 10 and 11. The layer RRC can thus
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`control the configuration of the MAC and PHY layers. (Ex. 1001, 4:53-56). The
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`physical layer PHY makes transport links 12 available to the MAC layer (Ex. 1001,
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`4:56-57). The MAC layer makes logic channels 13 available to the RLC layer. (Ex.
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`1001, 4:57-58). The RLC layer is available to applications via access points 14. (Ex.
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`1001, 4:58-59).
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`Packet data units for transmission are formed in the RLC layer, and are packed
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`in transport blocks in the MAC layer, and provided to the physical layer. The
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`transport blocks are transmitted between the radio network controller and terminals
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`by the physical layer. (Ex. 1001, 5:4-13).
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`Identification of error-affected packets and retransmission of error-affected
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`packet data units is accomplished in multiple manners. Using the hybrid Automatic
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`Repeat Request (ARQ) method Type II or Type III, a received packet data unit
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`affected by an error is buffered and, after additional incremental redundancy, is
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`decoded together with the received packet data unit affected by error. In the ARQ
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`method Type II, the incremental redundancy is useless without the buffered, and
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`error-affected, packet. In the ARQ method Type II the incremental redundancy can
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`be decoded without the buffered, error-affected, packet. A message as to error-free
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`reception is sent by the receiving device only when the receiving RLC layer
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`establishes on the basis of an RLC sequence number that packet data units are
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`U.S. Patent No. 7,075,917
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`lacking. (Ex. 1001, 1:40-43). The RLC sequence number, or packet data unit
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`sequence number, is transmitted in parallel with the coded transport block or the
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`incremental redundancy required afterwards, as side information, thereby permitting
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`the receiving side to detect which coded transport block is concerned or which
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`buffered coded transport block the additionally transmitted redundance refers to
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`when a coded transport block is retransmitted. (Ex. 1001; 5:19-36) As a result, the
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`packet data unit must be buffered over a long time period until an incremental
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`redundancy is requested, and then, after successful decoding, the reception may be
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`acknowledged as correct. (Ex. 1001; 1:43-45). The period of time that the packet
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`data unit must be buffered is particularly long on the network side, as the physical
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`layer and the RLC layer are usually located on different hardware components on
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`the network side. (Ex. 1001; 1:48-50).
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`The ‘917 Patent addresses the challenge of buffering the error-affected data
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`for a long period of time by having the receiving physical layer check whether the
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`coded transport block has been transmitted correctly. (Ex. 1001; 6:9-11). The ‘917
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`Patent further provides for transmission of an acknowledge command over a back
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`channel between a physical layer of a transmitting device and the physical layer of
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`a receiving device. (Ex. 1001; 2:30-33). This transmission of the acknowledge
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`command provides that a correct or error-affected transmission of a transport block
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`is provided to the transmitting side much more rapidly than previously known. (Ex.
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`1001; 2:33-36). As a result, a repetition of transmission with incremental redundancy
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`may be affected rapidly. This enables the receiving side to buffer the received coded
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`8
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`transport block affected by error for a shorter time period. (Ex. 1001; 2:38-40). The
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`memory capacity needed on average for buffering received coded transport blocks
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`affected by error is reduced. (Ex. 1001; 2:42-44).
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`Referring to Fig. 3 of the ‘917 Patent, an example is provided.
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`U.S. Patent No. 7,075,917
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`Here, transport blocks TB0 to TB4, to be transmitted for a time period of two
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`radio frames RF, each having a duration of one Transmission Time Interval (TTI)
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`are shown. (Ex. 1001; 6:44-48). Multiple channels, including the physical channel
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`PHC, which carries the transport blocks, the side information channel SI, which
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`carries information about the redundancy version and the abbreviated sequence
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`number of a transport block, and the back-channel BC are shown. (See Ex. 1001;
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`6:27 – 7:16). As the ‘917 Patent explains, the correct or error-affected reception is
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`checked in the physical layer in the radio frame RF which comes after the
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`transmission time interval. (Ex. 1001; 6:56-58). Thus, for transport block TB1,
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`which is transmitted during the first radio frame of Fig. 3, error-checking is
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`performed during the second of the four radio frames shown in Fig. 3, and the
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`positive acknowledge command ACK is transmitted via back channel BC during the
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`third radio frame. (Ex. 1001; 6:60-61). The transmission of transport blocks TB2,
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`TB3 and TB4 is completed during the second of the four radio frames, and error
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`checking is performed during the third radio frame. During the fourth radio frame,
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`the positive acknowledgment command ACK for the transport blocks TB4 and TB2,
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`and the negative acknowledgment command NACK for transport block TB3, are
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`transmitted via back channel BC (Ex. 1001; 6:62-65).
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`Further, the ‘917 Patent teaches the use of abbreviated sequence numbers to
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`reduce the extent of information that is required to be additionally transmitted for
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`managing the transport blocks and packet data units. (Ex. 1001; 2:45-49). The ‘917
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`Patent teaches that “abbreviated sequence number is determined by the number of
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`10
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`M coded transport blocks which, on the receiving side, can at most be buffered
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`simultaneously.” (Ex. 1001, 5:41-44). The ‘917 Patent goes on to state that the
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`number of M coded transport blocks is the logarithm to the base of 2, rounded to the
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`next higher natural number. (Ex. 1001, 5:44-44) Thus, the maximum number of
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`coded transport blocks to be stored may be the same as the maximum number of
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`coded transport blocks that can be buffered simultaneously.
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`The ‘917 Patent issued with three independent claims, namely claims 1, 9 and
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`10. The text of those three independent claims is copied herein for the convenience
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`of the Board:
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`1. A wireless network comprising a radio network controller and a
`plurality of assigned to signals, which are each provided for exchanging data
`according to the hybrid ARQ method an which form a receiving and/or
`transmitting side, in which a physical layer of a transmitting side is arranged
`for
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`storing coded transport blocks in a memory, which blocks contain at
`least a packet data unit which is delivered by an assigned radio link control
`layer and can be identified by a packet data unit sequence number,
`storing abbreviated sequence numbers whose length depends on the
`maximum number of coded transport blocks to be stored and which can be
`shown unambiguously in a packet data unit sequence number, and for
`transmitting coded transport blocks having at least an assigned
`abbreviated sequence number and
`a physical layer of a receiving side is provided for testing the correct
`reception of the coded transport block and for sending a positive acknowledge
`command to the transmitting side over a back channel when there is correct
`reception and a negative acknowledge command when there is error-affected
`reception.
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`9. A radio network controller in a wireless network comprising a
`plurality of terminals, which radio network controller is provided for
`exchanging data with the terminals and which forms a receiving and/or
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`transmitting side, in which a physical layer of the radio network controller
`arranged as a transmitting side for
`storing coded transport blocks in a memory, which blocks contain at
`least a packet data unit which is delivered by an assigned radio link control
`layer and can be identified by a packet data unit sequence number,
`storing abbreviated sequence numbers whose length depends on the
`maximum number of coded transport blocks to be stored and which can be
`shown unambiguously in a packet data unit a sequence number, and for
`transmitting coded transport blocks having at least an assigned
`abbreviated sequence number and
`a physical layer of the radio network controller is arranged as a
`receiving side for testing the correct reception of a coded transport block from
`a terminal and for sending a positive acknowledge command to a terminal
`over a back channel when there is correct reception and a negative knowledge
`command when there is error-affected reception.
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`10. A terminal in a wireless network comprising further terminals
`and a radio network controller, which terminal is provided for exchanging
`data with the terminals and which forms a receiving and/or transmitting side,
`in which a physical layer of the terminal is arranged as a transmitting side for
`storing coded transport blocks in a memory, which blocks contain at
`least a packet data unit which is delivered by an assigned radio link control
`layer and can be identified by a packet data unit sequence number,
`storing abbreviated sequence numbers whose length depends on the
`maximum number of coded transport blocks to be stored and which can be
`shown unambiguously in a packet data unit a sequence number, and for
`transmitting coded transport blocks to the radio network controller
`having at least an assigned abbreviated sequence number and
`A physical layer of the terminal is arranged as a receiving side for
`testing the correct reception of a coded transport block from the radio network
`controller and for sending a positive acknowledge command to the radio
`network controller over a back channel when there is correct reception and a
`negative acknowledge command when there is error-affected reception.
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`C.
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`Prosecution History of the ‘917 Patent
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`The ‘917 Patent issued from U.S. Patent Application Serial No. 09/973,312,
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`filed October 9, 2001 (the ‘312 Application), which claims priority of German
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`Application No. 10050117.6, filed October 11, 2000. The ‘312 Application was filed
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`with 10 claims, including 3 independent claims (Ex. 1002, pp. 13-15). Information
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`Disclosure Statements were filed in the ‘312 Application on January 8, 2002 and
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`September 22, 2003, identifying: 3rd Generation Partnership Project, Technical
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`Specification Group Radio Access Network, Report on Hybrid ARQ Type II/III
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`(Release 2000), 3G TR 25.835 v0.0.0, TS-RAN Working Group 2 (Radio L2 and
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`Radio L3, France, August 15-21, 2000).
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`In a first Office Action, mailed September 21, 2005, independent claims 1 and
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`9-10, were objected to for various informalities and dependent claims 4-8 were
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`rejected under 35 U.S.C. 112, second paragraph. (Ex. 1002, p. 59-61). The Office
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`Action confirmed that the Examiner considered the references cited in the
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`Information Disclosure Statements. (Ex. 1002, pp. 63-64). The Office Action further
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`included a list of prior art considered by the Examiner, namely U.S. Patent
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`Publication No. 2001/0036169 (Ratzel), U.S. Patent Publication No. 2003/0157927
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`(Yi, et al.) and U. S. Patent Publication No. 204/0246917 (Cheng, et al.). (Ex. 1002,
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`p. 65). The Ratzel reference discloses, in a digital packet radio receiver network, an
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`13
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`automatic repeat request, or ARQ, in which a very short sequence number is utilized
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`for space efficiency. (Ex. 1002, p. 99).
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`An Amendment and Response was filed on January 23, 2006. (Ex. 1002, pp.
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`68-75). In the Amendment, independent claims 1, 9 and 10 were amended to correct
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`minor informalities. (Ex. 1002, pp. 69-71). Dependent claims 4, 5, 7 and 8 were
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`amended to clarify that the recited physical layer may be of the sending side or the
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`transmitting side, and that an acknowledge command may be transmitted form either
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`the sending side or the transmitting side. (Ex. 1002; p. 70).
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`The USPTO issued a Notice of Allowance on February 27, 2006. (Ex. 1002,
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`p. 78). The issue fee was paid on May 24, 2006. (Ex. 1002; p.85). The application
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`issued as the ‘917 Patent on July 1, 2006.
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`III. RELATED PROCEEDINGS
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`Including the present case, the following proceedings are currently pending
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`cases concerning U.S. Pat. No. 7,075,917 (EX1001).
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`Case Caption
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`Uniloc 2017 LLC v. Verizon
`Communications Inc. et al
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`Uniloc 2017 LLC v. Microsoft
`Corporation
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`Uniloc 2017 LLC v. AT&T
`Services, Inc. et al
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`Number
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`District
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`Filed
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`2-18-cv-00513
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`EDTX
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`Nov. 17, 2018
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`8-18-cv-02053
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`CDCA
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`Nov. 17, 2018
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`2-19-cv-00102
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`EDTX
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`Mar. 26, 2019
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`14
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`In addition to the above pending case, Apple filed IPR2019-00259 on Nov.
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`12, 2018. That IPR was denied institution on June 27, 2019. See paper no. 7.
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
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`The Petition proposes a level of ordinary skill in the art of a person having a
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`bachelor’s degree in electrical engineering, computer science, or the equivalent and
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`three years of experience working with wireless digital communication systems
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`including the physical layer of such systems. (Petition, p. 27). The Petition
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`alternatively proposes that the skilled person would have had a master’s degree in
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`electrical engineering, computer science, or the equivalent with an emphasis on
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`wireless digital communication systems. (Petition, pp. 27-28).
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`At this time, Patent Owner also does not provide its own definition because,
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`even applying the multiple and varying alternative definitions proposed by
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`Petitioner, Petitioner has not met its burden. Moreover, the Petition cites to the
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`hybrid ARQ methods described in the ‘917 Patent itself as support for the level of
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`ordinary skill in the art, but completely fails to link these particularized subject
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`matter areas to the identified levels of education and industry experience proposed
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`by Petitioner.
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`V. THE PETITION IMPROPERLY REDUDANTLY CHALLENGES
`THE CLAIMS AT ISSUE
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`The Petition herein redundantly challenges Claims 1-3 and 9-10 of the ’917
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`Patent, without providing any persuasive justification for such inefficient and unfair
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`redundancies.
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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`
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`The Board has provided in General Plastic Co., Ltd. v. Canon Kabushiki
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`Kaisha, IPR2016-01357 (PTAB Sept. 6, 2017) (Paper 19) (precedential) a set of
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`non-exclusive factors to determine whether a petitioner’s filing of follow-on
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`petitions has caused “undue equities and prejudices to Patent Owner.” Slip. op at 16-
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`17. Here, those factors militate in favor of the Board exercising its discretion under
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`35 U.S.C. 314(a) and 37 C.F.R. 42.108(a) to deny institution.
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`The non-exclusive factors here are:
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`1. whether the same petitioner previously filed a petition directed to the same
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`claims of the same patent;
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`2. whether at the time of filing of the first petition the petitioner knew of the
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`prior art asserted in the second petition or should have known of it;
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`3. whether at the time of filing of the second petition the petitioner already
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`received the patent owner’s preliminary response to the first petition or received the
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`Board’s decision on whether to institute review in the first petition;
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`4. the length of time that elapsed between the time the petitioner learned of
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`the prior art asserted in the second petition and the filing of the second petition;
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`5. whether the petitioner provides adequate explanation for the time elapsed
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`between the filings of multiple petitions directed to the same claims of the same
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`patent;
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`6. the finite resources of the Board; and
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`7. the requirement under 35 U.S.C. 316(a) (11) to issue a final determination
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`not later than 1 year after the date on which the Director notices institution of review.
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`IPR2019-00973
`U.S. Patent No. 7,075,917
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` Here, as indicated above, a petition was filed by another party, in IPR2019-
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`00259 (the ‘259 Petition), challenging the same claims of the ‘917 Patent. The ‘259
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`Petition was filed on November 12, 2018, and the deadline for the Patent Owner to
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`file its Preliminary Patent Owner Response was April 23, 2019. Institution was
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`denied by the Board in IPR2019-00259 (Paper No. 7, June 27, 2019). Petitioner did
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`not file the present Petition until April 19, 2019, only four days before the due date
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`of the Preliminary Patent Owner Response to the ‘259 Petition, and over five months
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`after filing of the ‘259 Petition.
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`Here, the Petitioner has provided no explanation for the five-month delay
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`between the filing of the ‘259 Petition and the filing of the present Petition. Thus,
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`far from providing “adequate explanation for the time elapsed between the filings of
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`multiple petitions directed to the same claims of the same patent,” the Petitioner has
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`provided no explanation whatever for the five- month delay.
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`The present Petition and the unsuccessful prior petition both rely on the Abrol
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`reference, demonstrating redundancy of the two petitions. The Petition provides no
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`substantive explanation of any differences in the reliance on Abrol in the two
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`petitions, only stating that the Petition “presents that reference in a different light.”
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`(Petition, p. 5).
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`Still further, the Petitioner has newly cited here the TR25.835 (Ex. 1005)
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`reference, but has provided no indication as to when the Petitioner became aware of
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`the TR25.835 reference, or any reason for the delay in the explanation as to the
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`reason for the five-month delay in assertion.
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`Moreover, the Petitioner has not identified the differences between the newly
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`cited TR25.835 reference and the Decker Patent relied upon in the prior Petition,
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`thereby unnecessarily expending the resources of the Board on an entirely new
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`review of the prior art, rather than an efficient examination focused on the alleged
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`differences between TR25.835 and Decker.
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`In view of the foregoing, as multiple General Plastic factors militate against
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`institution, denial of institution is appropriate here.
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`Further, the Board should exercise its discretion under 35 U.S.C. 325(d) to
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`reject this petition on the grounds that the cited prior art and the arguments overlap
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`with the cited prior art and arguments already presented to the Board in IPR2019-
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`00259. The Board has already denied institution in IPR2019-00259. The Petitioner
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`fails to explain how the newly cited TR25.385 reference differs from the Decker
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`Patent relied upon in the prior Petition, and relies in part on the very same Abrol
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`reference, with no explanation as to how, if at all, the present petition differs in its
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`analysis of the Abrol patent. Thus, Petitioner has provided no justification for a
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`seemingly redundant petition based on one identical reference, and a second
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`reference having no identified differences from Decker.
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`Moreover, the fact that the petition in IPR2019-00259 relying on overlapping
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`grounds was filed by a different Petitioner, is no bar to the Board exercising its
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`discretion to decline institution here. In Unified Patents, Inc. v. Personal Web Tech.,
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`LLC, IPR2014-00702, Paper 13 (July 24, 2014) the Board denied institution, stating
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`that although “we recognize that, as a result of our decision, Unified will not have
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`an opportunity to submit arguments or evidence with respect to” certain claims,
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`“there are sufficient reasons to exercise our discretion to deny the Petition in this
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`proceeding.” Id. at 7. The Board noted that the Petition in IPR2014-00702
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`challenged claims, each of which were being challenged in an Inter Partes Review
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`filed by another, and that another Inter Partes Review as to certain of those claims
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`was on appeal. Id. at 8. Thus, the efficient administration of the Office under 35
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`U.S.C. 316(b) was held to provide grounds for the exercise of discretion to deny the
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`Petition. Id. Here, similarly, the Board has already denied institution in IPR2019-
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`00259, and the mere fact that Petitioner is not party to IPR2019-00259 does not
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`outweigh the efficient administration of the Office, given the near identical nature
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`of the grounds in the two proceedings.
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`For the foregoing reasons, denial of institution is respectfully requested.
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`VI. PETITIONER DOES NOT PROVE A REASONABLE LIKELIHOOD
`OF UNPATENTABILITY FOR ANY CHALLENGED CLAIM
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`Patent Owner demonstrates that Petitioner has failed to establish that it is more
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`likely than not that it would prevail with respect to at least one of the challenged
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`‘917 Patent claims. By not addressing additional arguments, Patent Owner in no way
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`concedes that any argument by Petitioner is correct.
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`Petitioner has the burden of proof to establish entitlement to relief. 37 C.F.R.
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`§ 42.108(c). Because the Petition only presents a theory of obviousness, Petitioner
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`must demonstrate a reasonable likelihood that at least one of the challenged patent
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`claims would have been obvious in view of the references cited in the Petition.
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`Petitioner “must specify where each element of the claim is found in the prior art
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`patents or printed publications relied upon.” 37 C.F.R. § 42.104(b)(4). The Board
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`should reject the Petition because Petitioner fails to meet this burden for any of the
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`grounds.
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`The Petition is stylized as presenting the following ground:
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`Ground Claim(s)
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`Statute Reference(s)
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`1-3 and 9-10
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`103
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`3G TR25.835 (Ex. 1005) and U.S. Patent
`No.6,507,582 (Abrol) (Ex. 1007)
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`1
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`A. Claim Construction Standard
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`As of the filing date of the Petition, the standard for claim construction in Inter
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`Partes Review is the standard of “ordinary and customary meaning of such claim as
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`understood by one of ordinary skill in the art and the prosecution history pertaining
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`to the patent.” 37 C.F.R. §42.100(b) (effective November 13, 2019). For all claim
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`terms, Uniloc requests that the Board adopt the ordinary and customary meaning of
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`the claim term as understood by one of ordinary skill in the art.
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`The proposed construction of “back channel” on page 29 of the Petition as a
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`“channel which is inserted directly between the receiving physical layer and the
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`sending (or transmitting) physical layer (and not between the RLC layers) for
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`informing the transmitting side (transmitting terminal or radio network controller)
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`of the fact that a transport block has not been transmitted error-free” has not been
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`shown to constitute the ordinary and customary meaning of the phrase as understood
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`by one of ordinary skill in the art.
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`B. No prima facie obviousness for “storing abbreviated sequence
`numbers whose length depends on the maximum number of coded
`transport blocks to be stored and which can be shown
`unambiguously in a packet data unit sequence number”
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`The Petition fails to establish prima facie obviousness of at least the following
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`recitation: “storing abbreviated sequence numbers whose length depends on the
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`maximum number of coded transport blocks to be stored and which can be shown
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`unambiguously in a packet data unit sequence number” as recited in Independent
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`Claim 1.
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`1. Abrol is deficient, at least as failing to teach “abbreviated
`sequence numbers whose length depends on the maximum
`number of coded transport blocks to be stored”
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`The Petition asserts that Abrol teaches the Claim 1 recitation of “abbreviated
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`sequence numbers whose length depends on the maximum number of coded
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`transport blocks to be stored” obvious. (Petition, pp. 47-51).
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`However, as is clear from Abrol, there is no disclosure that the selection of
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`the two lengths of abbreviated sequence numbers depend on the maximum number
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`of coded transport blocks to be stored.
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`The Petitioner has failed to carry its burden of showing that the abbreviated
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`sequence number scheme of Abrol is based on the maximum number of coded
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`transport blocks to be stored. As demonstrated below, Abrol does not in fact teach
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`this recitation at all, and indeed contemplates a maximum number of coded transport
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`blocks to be stored that requires a sequence number that is not abbreviated.
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`Abrol is concerned with adapting the RLP protocol to enable efficient
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`transmission of a byte stream through a channel of varying capacity. (Ex. 1007; 3:23-
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`25). Abrol observes that in the RLP2 protocol, sequence numbers are used to denote
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`frame numbers. (Ex. 1007; 3:42-44). Abrol notes that, as a result of the use of
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`sequence numbers to designate frames, a negative acknowledgment message would
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`require retransmission of an entire frame, and that if a single frame contains 750
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`bytes of data, the need to retransmit an entire frame would overwhelm the capacity
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`of a low-capacity channel. (See Ex. 1007; 3:52 to 4:11).
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`Abrol addresses this problem by providing sequence numbers assigned to
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`individual bytes, instead of sequence numbers assigned to frames. (Ex. 1007; 4:12-
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`24). Abrol acknowledges that a disadvantage of using a byte sequence number
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`instead of a frame sequence number is the larger data requirement for transmitting a
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`sequence number for each byte, as opposed to only transmitting a sequence number
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`for each frame. (Ex. 1007; 4:25-27). Abrol provides a scheme in which sequence
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`numbers have a 20-bit size, which may be shortened to 8-bits or 14-bits (Ex. 1007;
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`9:18-21), to reduce the amount of sequence number data being transmitted, as
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`discussed below.
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`Abrol carefully selects portions of the sequence number space which will go
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`unassigned to transmitted data bits. (Ex. 1007; 4:49-52). Abrol chooses the unused
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`portion of the sequence number space such that the first byte of each