Wireless Patents under the PTAB’s IPR & CBM Scrutiny
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The document summarizes several patent cases that have undergone scrutiny by the Patent Trial and Appeal Board (PTAB) under inter partes review (IPR) or covered business method (CBM) proceedings. In the first case, claims from a wireless patent were found to be unpatentable over a prior art reference that discloses constructing message fields for data units with type and sequence number fields. In the second case, claims directed to arranging information for transmission with payload and service type identifier fields were found to be anticipated by a prior art reference describing multiplexing voice and data signals into frames. The third case did not find the prior art reference taught the limitations of establishing a unique channel-hopping band plan. The final
Wireless Patents under the PTAB’s IPR & CBM Scrutiny
- 1. 1 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ Wireless Patents under the PTAB’s IPR & CBM Scrutiny Patent Party/Case Claim Prior Art/Analysis/Decision US6772215 (Method for minimizing feedback responses in ARQ protocols) Priority date: April 9, 1999 *Standard Essential Patent for IEEE 802.11n Broadcom v. Wi-Fi ONE (Ericsson) IPR2013- 00601 Claims 1, 2, 4, 6, 8, 15, 22, 25, 26, 29, 32, 34, 45, 46, 49, 52, and 54 1. A method for minimizing feedback responses in an ARQ protocol, comprising the steps of: sending a plurality of first data units over a communication link; receiving said plurality of first data units; and responsive to the receiving step, constructing a message field for a second data unit, said message field including a type identifier field and at least one of a sequence number field, a length field, and a content field. US6581176 (Method for transmitting control frames and user data frames in mobile radio communication system); Priority date: Aug. 20, 1998 US6581176 discloses a “transmitting station” that sends user data frames to a “receiving station” over a “radio section between a receiving station and the transmitting station.” US6581176 discloses a “receiving station” that receives user data frames from the “transmitting station.” US6581176 discloses an “RLP NAK” message that includes a field NAK_TYPE that identifies whether the message identifies a range of sequence numbers or uses a bitmap. If the value of NAK_TYPE is “00,” the RLP NAK message includes two fields—FIRST and LAST—with “the 12-bit sequence number of the first data frame for which a retransmission is required,” and “the 12-bit number of the last data frame for which a retransmission is required,” respectively. If the value of NAK_TYPE is “01,” the RLP NAK message includes a field NAK_MAP_SEQ with “the 12-bit sequence number of the first data frame in this NAK Map for which retransmission is requested.” The RLP NAK
- 2. 2 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ message includes a type identifier field (NAK_TYPE), and a sequence number field (FIRST, LAST, or NAK_MAP_SEQ). US6581176 discloses the limitation whether “type identifier field” is construed to mean “a field of a message that identifies the type of that message,” or, in the alternative, to mean any type of data. Claims 1, 2, 4, 6, 8, 15, 22, 25, 26, 29, 32, 34, 45, 46, 49, 52, and 54 are unpatentable under 35 U.S.C. § 102(b) as anticipated by US6581176. US6466568 (Multi-rate radiocommun ication systems and terminals) Priority date: Oct 15, 1996 Broadcom v. Wi-Fi ONE (Ericsson) IPR2013- 00602 Claims 1-6 Claim 1. A communication station comprising: a processor for arranging information for transmission including providing at least one first field in which payload information is disposed and providing at least one second field, separate from said first field, which includes a service type identifier which identifies a US5488610 (Communication system); Priority date: Aug. 26, 1993 US5488610 describes a multiplexer for use in a system for transmitting more than one type of data, e.g., voice and data. Figure 2 is a block diagram showing the main components of communication system 10 of the invention. Controller 18 comprises processor 19, storage means 20, multiplexer/demultiplexer 22, voice coder/decoder 24, and line interface 27. Communication system 10 can be used to share voice and visual data with another user of a similar system. Multiplexer 22 multiplexes the voice and data signals, adds synchronization information, and transmits the composite signal to the physical layer high speed
- 3. 3 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ type of payload information provided in said at least one first field; and a transmitter for transmitting information received from said processor including said at least one first field and said at least one second field. modem (V32bis) connected to the Public Switched Telephone Network (PSTN) or a GSM mobile network). The composite signal is organized into frames each containing a header and one or more complete voice frames and/or other non-voice data. The content of each frame is determined by the applications and may change during the call. Figures 5a to 5g show the structures of some possible frames. In Figures 5a to 5g, “H” is a header field that identifies the frame type, which is used to identify the contents of a frame. Under the direction of processor 19, multiplexer 22 arranges voice and non-voice data for transmission in frames. A frame may contain at least a field V (voice) or D (non-voice data) in which payload information is disposed. A frame also contains a separate field, H (header), that identifies the frame type—i.e., the type of payload information—as voice only, data only, or voice and data. Claims 1–6 are unpatentable under 35 U.S.C. § 102(b) as anticipated by US5488610. US5541662 (Content programmer control of video and data display using associated data); Priority date: Sep. 30, 1994 US5541662 describes an interactive video system
- 4. 4 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ that processes a video data stream and an associated data stream corresponding to the video data stream. US5541662 is focused on a receiver, while the claims are to a transmitting device. However, one of ordinary skill in the art would have understood that the US5541662 implicitly teaches a communication station for transmitting packetized digital data streams, including the three types of payload, in US5541662. Therefore it would have been obvious to provide a transmitter for sending the type of data that US5541662 receives. Claims 1–6 are unpatentable under 35 U.S.C. § 103(a) as obvious over US5541662. US5515369 (Method for frequency sharing and frequency punchout in frequency hopping communicatio ns network) Priority date: Jun 24, 1994 BlackBerry v. Wi-LAN (Metricom) IPR2013- 00125 Claims 5-7 and 9 5. In a node operable on a communications network having a plurality of shared- medium channels and having a plurality of channel-agile nodes each node capable of transmitting and receiving data over a plurality of said channels, a method for establishing a unique channel-hopping US5377221 (Communications system); Priority date: May 12, 1984 US5377221 does not disclose assigning a unique seed value to a node as required by claim 5’s limitation (a). Nor does it disclose randomizing a list of available node channels using a deterministic pseudo-random number generator seeded with said seed value (referring to the unique seed value) as required by claim 5’s limitation (d). In addition, US5377221 does not disclose the channel punchout mask as required by claim 5’s limitations (b) and (c).
- 5. 5 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ * It relates to “channel map” in the Bluetooth standard that is implementati on specific. band plan for that node and communicating that band plan to other nodes in the network comprising the steps of: a) assigning to that node a unique seed value; b) determining a channel punchout mask, said mask indicating those channels on which the node experiences interference or is otherwise unable to receive data; c) applying said mask to a list of network channels to eliminate undesirable channels and therefore to obtain a list of available node channels; d) randomizing said list of available node channels by using a deterministic pseudorandom number generator seeded with said seed value thereby There is no reasonable likelihood that claim 5 is anticipated by US5377221. Thus, the petition for instituting inter partes review is not granted.
- 6. 6 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ obtaining a unique channel- hopping band plan; and e) communicating said unique channel-hopping band plan to other nodes in the network by transmitting data from which said other nodes may derive said unique channel-hopping band plan. US7463151 (Systems and methods for providing mobile services using short-range radio communicatio n devices) Priority date: April 4, 2005 Google v. Unwired Planet (Openwave System) CBM2014- 00004 Claims 21 and 22 Claim 21. A method for providing a promotional mobile service to a short- range radio communication (SRC) enabled mobile terminal over a mobile network, the method comprising: receiving SRC device information from the SRC- enabled mobile terminal over the mobile network, the SRC device information acquired by the SRC- The claimed invention is directed to an abstract idea, specifically, the abstract idea of receiving information and providing services or advertisements based on that information. The preambles and all claim limitations of both claims support this abstract idea, and the patent repeatedly discloses that the invention is directed to providing services or advertisements. The identified abstract idea is a fundamental building block of economics, similar in nature to the abstract idea of hedging claimed in Bilski and intermediated settlement claimed in Alice. The claimed subject matter does not do anything more than simply instruct the practitioner to implement the abstract idea of gathering, authenticating, and transmitting data and services on
- 7. 7 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ enabled mobile terminal from an SRC device; authenticating the SRC device information; and in response to authenticating the SRC device information, providing the promotional mobile service to the SRC- enabled mobile terminal over the mobile network on a time-limited basis. Claim 22. A method for receiving an advertisement over a mobile network, the method comprising: acquiring short range communication (SRC) device information from a SRC device using an SRC- enabled mobile terminal; providing the SRC device information to a mobile service provider over the mobile network; and receiving the advertisement over the mobile network. generic technology. Despite its arguments that the communication elements of the claims add enough to make the claims patentable, Patent Owner fails to identify any language in the claims or the Specification demonstrating that the generic communication systems function in an unconventional manner. Instead, through the bare recitation of the steps of “receiving,” “acquiring,” “authenticating,” and “providing,” the claims are “specified at a high level of generality,” which the Federal Circuit has found to be “insufficient to supply an ‘inventive concept.’” Ultramercial, 772 F.3d at 716. Claims 21 and 22 are unpatentable under 35 U.S.C. § 101.
- 8. 8 ©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/ For more information regarding wireless patent analysis for the Post-Grant Patent Proceedings, please contact Alex Lee at alexglee@techipm.com .