You are on page 1of 80

IPR2017-02195

U.S. Patent 6,820,807


Filed on behalf of Unified Patents Inc.
By: Jason R. Mudd, Reg. No. 57,700
Eric A. Buresh, Reg. No. 50,394
jason.mudd@eriseip.com
eric.buresh@eriseip.com
ERISE IP, P.A.
6201 College Blvd., Suite 300
Overland Park, Kansas 66211
Telephone: (913) 777-5600

Roshan Mansinghani, Reg. No. 62,429 Ashraf A. Fawzy, Reg. No. 67,914
roshan@unifiedpatents.com afawzy@unifiedpatents.com
Unified Patents Inc. Unified Patents Inc.
13355 Noel Road, Suite 1100 1875 Connecticut Ave. NW, Floor 10
Dallas, TX, 75240 Washington, D.C. 20009
Telephone: (214) 945-0200 Telephone: (202) 871-0110

UNITED STATES PATENT AND TRADEMARK OFFICE


____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD


____________

UNIFIED PATENTS INC.


Petitioner

v.

KALDREN, LLC
Patent Owner
____________

IPR2017-02195
Patent 6,820,807
____________

PETITION FOR INTER PARTES REVIEW


OF U.S. PATENT 6,820,807
IPR2017-02195
U.S. Patent 6,820,807
TABLE OF CONTENTS

I. INTRODUCTION............................................................................................... 1
II. U.S. PATENT 6,820,807 ................................................................................... 1
A. Summary ................................................................................................. 1
B. Prosecution History ................................................................................. 2
C. Level of Ordinary Skill in the Art ........................................................... 3
III. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R.
42.104 .......................................................................................................... 4
A. Grounds for standing under 37 C.F.R. 42.104(a) ................................. 4
B. Identification of challenge under 37 C.F.R. 42.104(b) and relief
requested............................................................................................... 4
C. Claim construction under 37 C.F.R. 42.104(b)(3)................................ 5
hyperlinks .................................................................................... 5
program code ............................................................................. 7
arbitrarily complex piece of program code ............................... 8
means for extracting the digital data values from the substrate 8
means for retrieving the information resource identified by the
digital data ........................................................................................ 10
IV. THERE IS A REASONABLE LIKELIHOOD THAT THE CHALLENGED
CLAIMS ARE UNPATENTABLE.............................................................. 11
A. Ground 1: Wellner anticipates claims 1-4, 6-15, 18, and 20-24 and also
renders obvious claims 8 and 24 ........................................................ 11
i) Claim 1 ......................................................................................... 13
Claim 2: ....................................................................................... 18
Claim 3: ...................................................................................... 19
Claim 4: ...................................................................................... 23
Claim 6: ....................................................................................... 24
Claim 7: ...................................................................................... 27
Claim 8: ..................................................................................... 28
Claims 9-11: .............................................................................. 30

ii
IPR2017-02195
U.S. Patent 6,820,807
Claim 12: .................................................................................... 31
Claim 13: ..................................................................................... 35
Claim 14: .................................................................................... 36
Claim 15: ................................................................................... 36
Claim 18: ................................................................................... 37
Claim 20: ................................................................................... 37
Claim 21: ................................................................................... 38
Claims 22-23: ............................................................................ 38
Claim 24: ................................................................................... 39
B. Ground 2: Wellner in view of Hudetz renders claims 16-17 and 21
obvious under 103(a) ....................................................................... 39
i) Claims 16 and 17: ......................................................................... 39
Claim 21: ..................................................................................... 42
C. Ground 3: Wellner in view of Zdybel renders claims 2 and 13-14
obvious under 103(a) ....................................................................... 44
i) Claims 2 and 13: ........................................................................... 46
ii) Claim 14: ..................................................................................... 47
D. Ground 4: Laszlo in view of Zdybel renders obvious claims 1-4, 6-7, 12-
13, 15, 20, and 22-23 under 103(a) ................................................. 48
i) Claim 1: ........................................................................................ 50
ii) Claim 2: ....................................................................................... 54
iii) Claim 3: ...................................................................................... 55
iv) Claim 4: ...................................................................................... 60
iii) Claim 6: ...................................................................................... 60
Claim 7: ...................................................................................... 62
Claim 12: ..................................................................................... 63
Claim 13: .................................................................................... 66
vii) Claim 15: ................................................................................... 66
viii) Claim 20: ................................................................................... 66
Claims 22-23: ............................................................................. 67
V. CONCLUSION ............................................................................................... 68

iii
IPR2017-02195
U.S. Patent 6,820,807
VI. MANDATORY NOTICES UNDER 37 C.F.R. 42.8(A)(1) ....................... 69
A. Real Party-In-Interest ............................................................................ 69
B. Related Matters ...................................................................................... 69
C. Lead and Back-Up Counsel Under 37 C.F.R. 42.8(b)(3) ................... 71
D. Payment of Fees Under 37 C.F.R. 42.103 .......................................... 72

iv
IPR2017-02195
U.S. Patent 6,820,807
I. INTRODUCTION

Petitioner Unified Patents, Inc. (Petitioner) respectfully requests Inter

Partes Review (IPR) of claims 1-4, 6-18, and 20-24 (the Challenged Claims)

of U.S. Patent No. 6,820,807 (the 807 Patent) (EX1001).

II. U.S. PATENT 6,820,807

A. Summary

The 807 Patent is generally directed to a method of formatting digital data

into an encoded pattern onto a physical substrate, such as ink on paper. 807 Patent

(EX1001) at Abstract, 1:28-50, 4:50-58, 9:26-47, Figs. 1, 2. The encoded pattern is

subsequently decoded to reconstruct the original digital data using a scanner

attached to a computing device. Id. at 1:28-31, 27:20-39, Figs. 1, 16. The digital

data may be encoded into a two-dimensional pattern including both a width and

height, such as a two-dimensional bar code. Id. at 10:44-11:8, Figs. 1-5, 8-16, 25.

Petitioner notes, however, that use of such two-dimensional code symbols were

already well-known. See, e.g., Reboulet Decl. (EX1003) at 23-28.

Generally, the encoded digital data may comprise the location of, for

example, a computer file, executable file, visual image, word processing document,

video or audio file, or an operational parameter. Id. at 6:67-7:5, 7:5-17, 9:26-45,

claim 7. Specifically, the digital data may include data that causes human-readable

information to appear on a computer display together with hyperlinks to further

sources of information, such as a Universal Resource Locator (URL) address. Id. at

1
IPR2017-02195
U.S. Patent 6,820,807
48:53-62, 49:60-50:12, 50:21-32, Fig. 25. Additionally, the digital data may

include the location of program code that may initiate or invoke a function, such as

running a copier, paying a bill, or initiating a fax. Id. at 6:67-7:15.

B. Prosecution History

U.S. Patent Application No. 09/382,173, which issued as the 807 Patent,

was filed as a divisional application on November 21, 2000 with two claims.807

Prosecution History (EX1002) at 94. The 807 Patent claims its earliest priority to

a parent application filed on March 1, 1996, which subsequently issued as U.S.

Patent No. 6,098,882.1 See generally 882 Patent (EX1009).

The examiner initially rejected claims 1-2 as being anticipated and/or

rendered obvious by Wang (U.S. Patent 5,490,217) (EX1038), which taught a two-

dimensional machine readable image code encoding document, formatting, and

processing instructions. 807 Prosecution History (EX1002) at 166-167. Regarding

claim 2, the examiner stated that modifying Wangs teachings to include

hyperlinks would have been a design choice which is well within the skill levels

1
Petitioner notes that the parent 882 Patents claims are directed, in detail, to the

specific formatting of 2-D machine readable patterns, whereas the 807 Patent, in

contrast, is generally directed to using any 2-D pattern whatsoever to access data.

See 882 Patent (EX1009) at claims.

2
IPR2017-02195
U.S. Patent 6,820,807
and expectations of an ordinary skilled artisan, and thus is not considered novel.

Id.

In response, applicant argued that Wang does not produce digital

instructions for accessing data from the encoded pattern, but rather merely encodes

a document itself into machine readable code such that the entire document may be

reproduced at another location. Id. at 172-174. Additionally, applicant submitted a

Supplemental Amendment on November 21, 2000 adding claims 3-27. Id. at 175-

183.

A Notice of Allowance for claims 1-27 was issued August 27, 2002, with

claims 3-27 having never been rejected. Id. at 184. The reasons for allowance

stated that the cited prior art failed to disclose the claimed method for accessing

data of claim 1 and also concluded, without further explanation, that the limitations

of claims 3, 12, and 20 were not taught. Id. at 185.

C. Level of Ordinary Skill in the Art

A person having ordinary skill in the art (PHOSITA) at the time of the

alleged invention (i.e., March 1, 1996) of the 807 Patent would have been a

person having the equivalent of at least a bachelors degree in Electrical

Engineering, Computer Engineering, Supply Chain or Logistics Management, or

the industry equivalent thereof, and approximately one to two years of industry

experience in the field of bar code or similar machine-readable image technology,

3
IPR2017-02195
U.S. Patent 6,820,807
with additional experience substituting for less education or additional education

substituting for less experience. Reboulet Decl. (EX1003) at 29-31.

III. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R.


42.104

A. Grounds for standing under 37 C.F.R. 42.104(a)

Petitioner certifies that the 807 Patent is available for IPR and that

Petitioner is not barred or estopped from requesting IPR of the 807 Patent.

B. Identification of challenge under 37 C.F.R. 42.104(b) and relief


requested

Proposed Grounds of Unpatentability for the 088 Patent Exhibit Nos.


Ground 1: Claims 1-4, 6-15, 18, and 20-24 are anticipated
under 102(e) by U.S. Patent No. 5,640,193 to Wellner
EX1004 and
(Wellner) and claims 8 and 24 are also obvious under EX1005
103(a) over Wellner.
Ground 2: Claims 16-17 and 21 are obvious over Wellner in
EX1004 and
view of U.S. Patent No. 5,978,773 to Hudetz et al. (Hudetz). EX1008
Ground 3: Claims 2 and 13-14 are obvious under 103(a)
over Wellner in view of European Application EP 0459792A2 EX1004 and
EX1006
to Zdybel et al. (Zdybel).
Ground 4: Claims 1-4, 6-7, 12-13, 15, 20, and 22-24 are
obvious under 103(a) over U.S. Patent No. 5,331,547 to EX1007 and
EX1006
Laszlo (Laszlo) in view of Zdybel.

In view of the prior art, evidence, and arguments herein, claims 1-4, 6-18

and 20-24 of the 807 Patent are unpatentable and should be cancelled. 37 C.F.R.

4
IPR2017-02195
U.S. Patent 6,820,807
42.104(b)(1). Based on the prior art references identified below, IPR of these

claims should be granted. 37 C.F.R. 42.104(b)(2). This review is governed by

pre-AIA 35 U.S.C. 102 and 103.

Section IV, infra, identifies where each element of the Challenged Claims is

found in the prior art. 37 C.F.R. 42.104(b)(4). The exhibit numbers of the

supporting evidence relied upon to support the challenges are provided above and

the relevance of the evidence to the challenges raised are provided in Section IV.

37 C.F.R. 42.104(b)(5).

C. Claim construction under 37 C.F.R. 42.104(b)(3)

The 807 Patent has expired. As such, the claim terms should be given their

ordinary and customary meaning as understood by a person of ordinary skill in the

art in question at the time of the invention pursuant to the principles set forth

in Phillips v. AWH Corporation. 415 F.3d 1303, 1316 (Fed. Cir. 2005).

Petitioner proposes the following constructions. All claim terms not

specifically discussed below should be given their plain and ordinary meaning in

light of the specification.

hyperlinks

Claims 2 and 13 recite digital instructions comprising hyperlinks or one

or more hyperlinks. See 807 Patent (EX1001) at claims 2, 13.

5
IPR2017-02195
U.S. Patent 6,820,807
The 807 Patent describes a hyperlink only once, stating that information

appears on a computer screen together with hyperlinks to further sources of

information. Id. at 48:53-62. As seen in Figure 25 below, the lower portion (2504)

contains a series of icons to resources such as CONTEST RULES or a

PRESIDENTS VIDEO CLIP:

6
IPR2017-02195
U.S. Patent 6,820,807
Id. at 49:29-32, 49:60-50:12; Fig. 25 (annotated). Such icons may, when selected

access further information, such as a URL. Id. at 50:21-32. The 807 expressly

states that HTML is just one method to those skilled in programming for

accomplishing this linking. Id. This usage is consistent with the well understood

meaning of a hyperlink. Microsoft Computer Dictionary (EX1011) at 240.

Thus, hyperlinks should be construed as displayed data which, when

selected, automatically accesses further sources of information.

program code

Claims 3-11 and 22-23 recite a program code. See 807 Patent (EX1001)

at claims 3-11and 22-23.

Specifically, in each of these claims, the location or address of program

code has been formatted into a machine readable two dimensional pattern. Id. The

807 Patent teaches a wide variety of data whose location may be formatted into

such a pattern (generally as ink on paper) including a computer, batch, script,

application, audio, video, or executable file, as well as a visual image, a word

processing document, or a functional parameter. Id. at 6:67-7:5, 9:26-45, 7:5-21

(describing functions), claim 7 (parameters required for execution); see also id.

at 11:16-27, 46:9-39, 49:35-50:12.

7
IPR2017-02195
U.S. Patent 6,820,807
Thus, program code would have at least included a a computer file, batch

file, script file, application file, audio file, video file, executable file, visual image,

word processing document, or functional parameter.

arbitrarily complex piece of program code

Claims 22 and 23 recite an arbitrarily complex piece of program code. See

807 Patent (EX1001) at claims 22-23.

The 807 Patent provides little distinction between program code and an

arbitrarily complex piece of program code, other than providing examples of

arbitrarily complicated files that can ease use by performing functions for the

user, rather than the user having to know how to perform those functions. Id. at

6:67-7:22. Further, by reciting arbitrarily complex, this term does not require

some minimum number of steps and is, instead, arbitrary as to the number of steps.

Thus, arbitrarily complex piece of program code would have included

program code invoking a function.

means for extracting the digital data values from the substrate

Claims 12 recites means for extracting the digital data values from the

substrate, which is in means-plus-function format under pre-AIA 35 U.S.C. 112,

6. See 807 Patent (EX1001) at claim 12.

The recited function for this term in claim 12 is extracting the digital data

values from the substrate, and this recited function is accomplished by the

8
IPR2017-02195
U.S. Patent 6,820,807
disclosed corresponding structure in the specification of a handheld scanner, a

sheet-fed page scanner, a business card scanner, a drum scanner or another type of

scanner attached to a personal computer. Id. at 27:28-39. The attached personal

computer then performs a decoding process to reconstruct the original digital data

values. Id. at 9:26-45, 27:20-22, 27:59-64.

The 807 Patent states that the overall method of decoding a substrate

comprises, at a minimum, the steps of scanning and decoding. Id. at 27:20-22.

While a preferred embodiment of the 807 Patent performs additional steps of

error detection, error correction, and decompression, these steps should not be

included in the proper construction of means for extracting the digital data values

from the substrate, because the digital data values have already been extracted

prior to performance of such steps. Id. at 27:20-26, 28:5-23 (The series of digital

data values resulting from decoding process 1602 is then subjected to error

correction and detection processing) (emphasis added), Fig. 16; see also

Reboulet Decl. (EX1003) at 44. And these steps are simply described as being

preferred and not required for extracting the data. Other embodiments are

disclosed in which original computer files or other digital data are recovered

from a substrate without performing steps of error detection, error correction, or

decompression. 807 Patent (EX1001) at 44:35-45:21, Figs. 22-23. Thus, the

9
IPR2017-02195
U.S. Patent 6,820,807
additional steps of error detection, error correction, and decompression are not

necessary for performance of the recited extracting function.

This term, therefore, should be construed to require performing the recited

function of extracting the digital data values from the substrate and the

corresponding structure would have at least included a scanner and computer

configured to perform the steps of scanning and decoding and equivalents thereof.

means for retrieving the information resource identified by the digital


data

Claim 12 further recites means for retrieving the information resource

identified by the digital data. See 807 Patent (EX1001) at claim 12.

The recited function for this term in claim 12 is retrieving the information

resource identified by the digital data and this recited function is accomplished by

various disclosed corresponding structures in the specification. Specifically, the

specification describes that the computer may access the identified information

resource in memory, such as on a hard drive or CD, or access the information

resource by activating a communication device to remotely access the resource,

such as telephonically, by using a modem. Id. at 46:9-35, 49:60-50:12. The

retrieval is then completed by the computer presenting the resource to the user,

such as by displaying a document, displaying an image, playing a video, etc. Id. at

49:47-59, 49:65-50:10, 46:47-66.

10
IPR2017-02195
U.S. Patent 6,820,807
Therefore, the disclosed corresponding structure for performing the function

of retrieving the information resource identified by the digital data would have at

least included a computer programmed with an algorithm that performs the steps

of: 1) activating a communication device, such as a modem, 2) accessing the

information resource identified by the digital data, and 3) presenting that

information resource to the user, and equivalents thereof. Id. at 46:9-39, 49:16-23,

see also id. at 49:35-50:32.

IV. THERE IS A REASONABLE LIKELIHOOD THAT THE


CHALLENGED CLAIMS ARE UNPATENTABLE

The following prior art references disclose each limitation of the Challenged

Claims and render the Challenged Claims unpatentable. Included below are

exemplary citations to the prior art references.

A. Ground 1: Wellner anticipates claims 1-4, 6-15, 18, and 20-24 and
also renders obvious claims 8 and 24

U.S. Patent No. 5,640,193 by Wellner (Wellner) (EX1004) was filed on

August 15, 1994, issued on June 17, 1997 and therefore qualifies as prior art to

the 807 Patent under 35 U.S.C. 102(e) (pre-AIA). See Wellner (EX1004).

Wellner was not cited or discussed during prosecution of the 807 Patent.

Wellner teaches a method of accessing electronic objects, such as an

electronic document, movie, multimedia document, or game, stored on servers. Id.

at Abstract, 1:33-46, 2:28-42, 3:65-4:2, 4:26-45; see also Figs. 1-3. Specifically,

11
IPR2017-02195
U.S. Patent 6,820,807
Wellner teaches a process in which an address of an electronic object on a

network-connected server is encoded into machine readable printed marks, such as

a standard bar code or two-dimensional Xerox glyph, which Wellner teaches is

more appropriate for its system because of the ability of a Xerox glyph to encode

a large amount of data in a short space. Id. at 1:33-53, 2:22-27, 4:26-45, 6:9-46;

Fig. 2; see also Reboulet Decl. (EX1003) at 32. Xerox glyphs were well-known

two-dimensional patterns for encoding data. Id. at 33; see also Wellner Article

(EX1005)2 at 10 (two-dimensional); Zdybel (EX1006) at 9:57-10:34, Figs. 3-4;

Hecht (EX1012) at 341, 343, Figs. 7-14.

After dissemination through channels such as newspapers or magazines, users

may scan the mark with a scanning pen or other scanning device to decode the encoded

network location of the electronic object on a server. Id. at 2:28-56, 3:21-23, 4:58-64,

5:37-48; see also id. at Figs. 1-4. Wellner then teaches that the electronic object is

retrieved from the location on the network and displayed to the user, in some cases

automatically. Id. at Abstract, 1:33-46, 2:28-42, 4:58-64, see also id. at 5:37-65, 6:10-

36, Fig 3.

2
See also Bennett Decl. (EX1013) at 31-33 (Wellner Article bears a 1994

copyright date and was indexed and publicly available in libraries by at least

November 1994).

12
IPR2017-02195
U.S. Patent 6,820,807
Wellner is in the same field of endeavor as and is reasonably pertinent to the

claimed invention of the 807 Patent. As mentioned above, the 807 Patent teaches a

printed pattern that encodes data for accessing information resources or program code,

such as a word processing document, executable file, or video file. 807 Patent

(EX1001) at Abstract, 1:28-50, 4:50-58, 6:67-7:5, 9:26-45. Specifically, the 807

Patent uses an attached scanning device to decode the encoded data to access the

information resource or program code remotely. Id. at 4:13-35, 9:26-45, 27:20-39,

46:9-39, Fig. 1.

Like the 807 Patent, Wellner relates to a method for controlling access to

multimedia services through use of a scanner reading printed marks of encoded

data on an object. Wellner (EX1004) at Abstract, 1:5-6, 1:33-46, 2:22-42. Also like

the 807 Patent, Wellner may further encode a location of program code to be executed

to perform a function upon decoding of a digital pattern. Id. at 5:12-27, 5:37-66.

Wellner, therefore, is analogous art to the claimed invention of the 807 Patent.

i) Claim 1
[1(pre)] A method accessing data comprising:
To the extent the preamble is deemed limiting, Wellner teaches a method of

accessing data via transmission of a request command to a network connected

server. Wellner (EX1004) at Abstract, 1:33-46, 4:58-64, Figs. 1, 3, see also id. at

5:37-66. Wellner specifically states that its invention relates generally to

13
IPR2017-02195
U.S. Patent 6,820,807
multimedia systems and, more specifically, to a method and apparatus for

controlling access to multimedia services such as movies, home shopping

information, games, and other multimedia documents. Id. at 1:5-13; see also id. at

2:28-42, 3:65-4:2, 6:9-46. Wellner also teaches that it can be used to access

electronic documents. Id. at 3:65-4:2.

[1(a)] producing digital instructions for accessing data,


formatting into a pattern the series of digital data values representing said
digital instructions for accessing data,
Wellner teaches producing digital instructions, which are encoded as digital

data in marks such as a standard bar code or a Xerox glyph and which include a

unique identifier code for automatically accessing electronic objects such as

electronic documents, videos, or games. Id. at 1:47-51, 4:26-45, 4:58-64.

Specifically, Xerox glyphs, a two-dimensional formatted pattern of machine

readable digital data, are disclosed as being appropriately utilized because they can

encode a large amount of data in a short space. Id. at 4:26-45; Reboulet Decl. (EX1003)

at 32.

Wellner teaches that the instructions encoded in the marks include a universal

identifier [that] is used to uniquely address every accessible electronic object on a

communication network. Id. at 4:26-45. Specifically, the marks represent a unique

identifier code for electronic objects accessible on the [] network. Id. And Wellner

teaches that a single swipe/scan of a mark instructs the system to automatically access

14
IPR2017-02195
U.S. Patent 6,820,807
an electronic object, such as a film, which is accessed and played. Id. at 4:58-5:3; see

also id. at 6:10-36 (describing examples of electronic objects being instantly accessed

and played). Wellner further states that these codes could work in a similar way as the

well-known Universal Resource Locator (URL) identifiers in NCSA Mosaic (Internet

client access software for World Wide Web), only they would be read from paper

(instead of typed into an application) or invisibly linked to on-screen buttons. Id.

Wellner, therefore, teaches encoding digital instructions for accessing data through

encoding digital data values into machine-readable patterns. See also Reboulet Decl.

(EX1003) at 34.

[1(b)] distributing the pattern of formatted digital data,


The 807 Patent discloses that the formatted digital data may be distributed

in electronic form, through facsimile, satellite transmission, telephonic

transmission, or cable transmission, or in physical form, through postal delivery,

hand delivery, courier or other contract delivery service as well as any other means

for moving the digitally encoded substrate. 807 Patent (EX1001) at 44:59-45:5.

Wellner teaches distributing formatted digital data marks in newspapers,

magazines, and catalogs as an accompaniment to a photograph or advertisement.

Wellner (EX1004) at 2:28-42, Fig. 2. Further distribution of the digital data marks

disclosed by Wellner may be accomplished through printing on boxes containing

products (such as computer equipment or a lawn tractor) or in a direct mail

15
IPR2017-02195
U.S. Patent 6,820,807
advertisement, textbook, or pamphlet. Id. at 2:28-42, 6:9-46. Any of these channels

of distribution would have been understood by a PHOSITA to constitute a

physical distribution of the pattern of formatted digital data. Reboulet Decl.

(EX1003) at 35.

[1(c)] decoding the pattern of formatted digital data, and


Wellner teaches scanning and decoding the digital data marks. As discussed

above, Wellner teaches that a user may scan the digital data marks with a scanning

pen or other scanning device. Wellner (EX1004) at 1:36-39, 2:30-35, 3:21-23, 4:58-64,

5:37-48; see also id. at 2:47-65, Figs. 2-4. For example, Wellner teaches that a user

selecting a film from a paper catalog scans the identification (ID) marks next to the

description of the film with the scanner pen after which the pen transmits scanned

information from the paper to the interface unit.

16
IPR2017-02195
U.S. Patent 6,820,807
Id. at 4:65-5:3, 5:37-44, Fig. 2. Wellner teaches that the interface unit then interprets

the information sent by the pen to enact further communication steps, as discussed

below. Id. at 5:3-7. Wellner also describes that the scanner pen 11 may include a

controller/interpreter which decodes the unprocessed output prior to transmitting

it to the interface unit (part of the computer) or it may transmit the raw

unprocessed output from its scanning head 401 to the interface unit 15 for

processing so as to interpret[] it. Id. at 2:47-54, 5:28-46, Figs. 3-4. Wellner,

therefore, teaches decoding the formatted digital data. See also infra Sec.

IV.A.ix at limitation 12[b]; Reboulet Decl. (EX1003) at 44.

[1(d)] activating the digital instructions for accessing data, whereby the data is
accessed.
Wellner teaches that after the encoded digital instructions have been scanned

and decoded, they are activated when the system accesses and presents the

requested electronic object. Specifically, Wellner teaches that the digital

instructions, which include a unique identifier code or object code, for

accessing the electronic objects are transmitted to a server in a request command.

Wellner (EX1004) at 1:33-51, 4:26-45, 4:58-64. Wellner states that one may

access any electronic object by swiping data stored in marks first to identify a

service and establish a connection to it, and then to identify a domain within that

service, and finally to identify a specific electronic object controlled by that

service. Id. at 4:58-64.

17
IPR2017-02195
U.S. Patent 6,820,807
For example, in the case of marks corresponding to a video, the scanned and

decoded data transmitted to a server via a network may identify an MPEG data

stream, which is then transmitted to and displayed for the user. Id. at 5:49-66, 6:10-

16. In other examples, the scanned digital instructions may access audio data, live

discussions, or electronic documents. Id. at 3:65-4:6, 6:17-46; see also id. at Fig. 3.

Claim 2:

2. The method as in claim 1, wherein said digital instructions for accessing


data consists of hyperlinks to information extraneous to said formatted digital
data.
As discussed above, hyperlinks would have included displayed data

which, when selected, automatically accesses further sources of information. See

supra Sec. III.C.

Wellner teaches that the encoded digital instructions may include an identifier

code for electronic objects on a network that work in the same way a URL identifier

accesses information on the Internet. Wellner (EX1004) at 4:26-45. And Wellner

expressly teaches that the marks may themselves represent Internet Universal

Resource Locator[s] (URL[s]). Id. at claims 3, 24, & 25. 3 Further, Wellner teaches

that the marks encoding the URL or other identifier code of the electronic objects

may be invisibly linked to on-screen buttons. Id. An on-screen button which

activates access to an electronic object on a networked server constitutes displayed


3
See also EX1010, Wellner File History, at 45.

18
IPR2017-02195
U.S. Patent 6,820,807
data that, when selected, automatically accesses further sources of information (i.e.,

a hyperlink). Reboulet Decl. (EX1003) at 36-37. Further, the contents of the

linked electronic object, such as the video or electronic document, are not

themselves encoded in the digital data and are, therefore, extraneous to (and

separate from) the formatted digital data. Id. Thus, a PHOSITA would have

understood Wellner teaches digital instructions for accessing data that consists of

hyperlinks to information extraneous to said formatted digital data. Id.

Claim 3:
[3(pre)] A method for accessing information, the method comprising:
Wellner teaches this preamble, to the extent it is limiting. See supra Sec. IV.A.i.

at [1(pre)].

[3(a)] encoding a location of a first program code in a machine readable


indicia formatted into a two dimensional pattern;
As discussed above, program code would have at least included a

computer file, batch file, script file, application file, audio file, video file,

executable file, visual image, word processing document, or functional parameter.

See supra Sec. III.C. Wellner teaches that the electronic objects accessed through

its communication network may include movies / movie programs / an

MPEG data stream (video), audio programs and sound bites (audio),

interactive games (executable files), and electronic documents (computer file

or word processing document), among other example electronic objects, see id. at

19
IPR2017-02195
U.S. Patent 6,820,807
2:28-42, 3:65-4:2, 6:9-46, which each constitute program code. Id. at 2:28-42,

6:9-46; see also id at 3:65-4:2. Thus, a PHOSITA would have understood the

electronic objects described by Wellner constitute program code. Reboulet Decl.

(EX1003) at 38.

As further discussed above, Wellner teaches that machine readable marks

may include a universal identifier [that] is used to uniquely address every

accessible electronic object on the communication network. Id. at 4:26-45.

Wellner states that these unique identifiers could work in a similar way as the

well-known Universal Resource Locator (URL) identifiers in NCSA Mosaic

(Internet client access software for World Wide Web), only they would be read

from paper (instead of typed into an application) or invisibly linked to on-screen

buttons. Id. A PHOSITA, therefore, would have understood that this unique

identifier address constitutes a location of each object presented in and extracted

from the machine readable indicia. Reboulet Decl. (EX1003) at 39.

Further, Wellner specifically teaches that the machine readable indicia of the

encoded digital data is presented as a Xerox glyph. Wellner (EX1004) at 4:26-45,

2:22-27. Wellner teaches that Xerox glyphs are more appropriate for use in its

system than standard-bar codes [which] would become too large to be placed

unobtrusively in paper publications, because Xerox glyphs can encode a large

amount of data in a short space. Id. at 4:26-45. A PHOSITA would have known that

20
IPR2017-02195
U.S. Patent 6,820,807
a Xerox glyph constitutes a two dimensional formatted pattern of machine

readable data. Reboulet Decl. (EX1003) at 33; see also supra Sec. IV.A. Exemplary

Xerox glyph encodings are depicted below:

Reboulet Decl. (EX1003) at 33.

Wellner, therefore, teaches encoding a location of a first program code in a

machine readable indicia formatted into a two dimensional pattern. Id.

[3(b)] extracting the location of the first program code from the machine
readable indicia; and
As previously discussed, Wellner teaches information scanned and

interpreted from digital data marks including an object code to select the

desired electronic service that is transmitted to a server in a request command.

Wellner (EX1004) at 1:33-46. Wellner teaches that the user may access any

electronic object by swiping data stored in marks to first to identify a service and

establish a connection to it, and then to identify a domain within that service, and

21
IPR2017-02195
U.S. Patent 6,820,807
finally to identify a specific electronic object controlled by that service. Id. at

4:58-64. Wellner further teaches that the interface unit interprets the information sent

by the pen to retrieve the program code, as discussed below, or the pen may itself

decode[] the scanned mark first and provide this decoded form to the interface unit,

which then uses it to retrieve the program code. Id. at 2:46-56, 5:3-7; see also id. at

5:37-6:3, Figs. 3-4.

[3(c)] retrieving the first program code according to the extracted location for
execution by a computer.
Wellner specifically states that In order to retrieve the associated

multimedia document, a user scans the printed ID with the scanner or pen (11), and

the movie, product information, or game immediately starts to play. Id. at 2:28-35

(emphasis added). Wellner discusses the retrieval functionality from the server

side, stating, Once a user's input selection is processed, the server 13 sends

multimedia data or programs down to the interface unit 15, which displays it on the

users television (TV) receiver 16. Wellner (EX1004) at 4:3-6.

Further examples of retrieval of program code from an extracted location

include scanned bar codes linking to video instructions, newspapers and magazines

linking to audio sound bites, advertisements presenting bar codes that may be

swiped to instantly access multimedia presentations and lead to interactions

with the company and to ordering, and textbooks with bar codes that could ink

22
IPR2017-02195
U.S. Patent 6,820,807
the textbook to live discussion groups with other students or to live interactions

with professors and tutors. Id. at 6:9-46; see also id. at 3:65-4:6.

Wellner teaches that its system uses a multimedia computer for

implementing these functions. Id. at 3:40-45 (The interface unit 15 and television

16 may together be implemented in a well-known manner using, for example, a

multimedia computer including a controller, memory, transmitter and receiver units,

display unit, etc., so as to implement the features described herein.) (emphasis added);

see also id. at Figs. 1-2.

Claim 4:

4. The method of claim 3 comprising automatically executing the first


program code.
Wellner teaches that upon a users scan and retrieval of a multimedia object

such as a movie, product information, or game, it immediately or instantly

starts to play. Id. at 2:28-35, 5:6-11, 6:12-14, 6:20-23, 6:30-32. A PHOSITA,

therefore, would have understood this teaches automatically executing the first

program code. Reboulet Decl. (EX1003) at 39.

23
IPR2017-02195
U.S. Patent 6,820,807
Claim 6:
6. The method of claim 3 comprising:
encoding a location of a second program code in the machine readable indicia;
extracting a location of a second program code from the machine readable
indicia; and
retrieving the second program code according to the extracted location.

As discussed above, Wellner describes machine readable indicia in the form

of marks 10, such as Xerox glyphs, that encode a universal identifier [] used to

uniquely address every accessible electronic object on a communication network.

Wellner (EX1004) at 3:46-63, 4:26-45. Additionally, below the mark 10 used to

access the content (e.g., the movie), Wellner further describes additional

predefined control marks, shown by 17 in Fig. 2 used to control various

functions such as ordering, playing, pausing, or stopping the movie. Id. at 5:12-27,

Fig. 2; see also id. at 5:60-6:1 (predesignated control function marks (e.g., an

order mark)), Fig. 3.

24
IPR2017-02195
U.S. Patent 6,820,807

Id. at Fig. 2 (annotated).

As discussed, program code would have at least included a computer file,

batch file, script file, application file, audio file, video file, executable file, visual

image, word processing document, or functional parameter. See supra Sec. III.C.

Instructions operable for ordering, playing, pausing, or stopping the movie,

therefore, would have been understood by a PHOSITA to constitute a second

program code in the form of at least a functional parameter or executable file.

Reboulet Decl. (EX1003) at 40. Further, Wellner teaches that the predefined

control marks 17, when scanned, cause the interface to communicate with the

server to implement the commands in the same manner as when the marks 10 for

the content are scanned. Wellner (EX1004) at 5:60-6:1, Fig. 3 (returning to step

302 for swiping across control function marks); Reboulet Decl. (EX1003) at 40.

And since Wellner teaches that the marks encode a universal identifier [] used

25
IPR2017-02195
U.S. Patent 6,820,807
to uniquely address every accessible electronic object on a communication

network, a PHOSITA would have understood that the predefined control marks

also encode locations of their respective program code, so that files required to

perform the requested functions, such as ordering, playing, etc., can be accessed

and executed. Wellner (EX1004) at 4:26-45; Reboulet Decl. (EX1003) at 40.

Thus, based on any of these predefined control marks, Wellner teaches encoding

a location of a second program code in the machine readable indicia. Wellner

(EX1004) at 5:12-27, Fig. 2; Reboulet Decl. (EX1003) at 40.4

4
Notably, claim 6 (as well as claims 7-11, through their dependence on claim 6)

require encoding a location of a second program code in the machine readable

indicia (plural), as opposed to a machine readable indicium (singular). Thus,

claim 6 does not expressly require a single contiguous machine readable indicium

encoding the location of two program codes, but may rather be satisfied by a

substrate having multiple machine readable indicia encoding the locations of a first

program code and second program code. Specifically, Wellner teaches that the

predefined control marks may be located on the same object (catalog, card, etc.)

as the indicia for the first program code (e.g., movie, electronic document, etc,).

Wellner (EX1004) at 5:25-27. Further, besides appearing in the claims, the terms

machine readable indicia and indicia are never used by the 807 specification.

26
IPR2017-02195
U.S. Patent 6,820,807
Thus, a PHOSITA would have understood that the act of scanning and

decoding a predefined control mark as taught by Wellner teaches extracting a

location of program code for that predefined mark and retrieving the program code

according to that extracted location so as to perform the requested function (e.g.,

ordering, playing, pausing, stopping, etc.). Reboulet Decl. (EX1003) at 40.

Claim 7:

7. The method of 6 wherein retrieving the second program code provides


parameters required for the execution of the first program code by the
computer.

As discussed above regarding claim 6, Wellner teaches retrieving a second

program code that includes the functional parameters such as ordering, playing,

pausing, or stopping the movie (i.e., the first program code). Id. at 5:12-27, Fig. 2;

see also supra Sec. IV.A.v at Claim 6. The parameters for the ordering and playing

functions of the movie are required for the execution of the movie, and thus

Wellner teaches that retrieving the second program code provides parameters

required for the execution of the first program code by the computer. Reboulet

Decl. (EX1003) at 40.

While the 807 specification refers to a datatile, it describes that datatiles can be

comprised of multiple parts located in non-contiguous areas of the substrate,

without reference to each other. See, e.g., EX1001 at 23:38-67.

27
IPR2017-02195
U.S. Patent 6,820,807
Claim 8:
8. The method of claim 6 comprising:
launching an application program on the computer; and
loading the first program code within the application program.
As discussed above regarding claim 3, Wellner teaches retrieving a first

program code such as a movie for presentation on a computer. Wellner (EX1004)

at 2:28-42, 3:40-45, generally at 5:12-65, Figs. 1-3; see also supra Sec. IV.A.iii at

limitations [3(a)-(c)]. Specifically, Wellner states that in the case of a movie, this

information might be in the form of an MPEG data stream, which must be

decompressed by interface 15, in step 308, before it can be displayed on the TV (or

multimedia) receiver 16. Wellner (EX1004) at 5:56-60. The 807 Patent teaches

an identical embodiment of a video stream displayed for a user, stating Such an

embodiment can also be employed to supply a steady stream of data to an

application such that datasectors are decoded and the application software is

executed both on such a substantially contemporaneous basis as to be transparent

to the user (e.g., where the application software is a video player, the video player

displays a continuous stream of video derived from the datatiles). 807 Patent

(EX1001) at 34:15-22. Consistent with the 807 Patents teaching, a PHOSITA

would have understood that Wellner similarly teaches an application program on

its computer for decompression and playing of a video stream. Reboulet Decl.

(EX1003) at 42. A PHOSITA would have understood that such an application

28
IPR2017-02195
U.S. Patent 6,820,807
program would necessarily have to be launched and the video stream would

necessarily have to be loaded in order to decompress and play the video stream.

Id.5

Alternatively, a PHOSITA, having read the disclosure of Wellner, would

have found it obvious to design the system such that the first program code is

loaded into an application program that is launched on the computer. Id. at 43.

Such a functionality is suggested by Wellner in stating that unique electronic object

identifier codes could work in a similar way as the well-known Universal Resource

Locator (URL) identifiers in NCSA Mosaic (Internet client access software for World

Wide Web). Wellner (EX1004) at 4:35-37. Based on Wellners express teachings and

suggestions, in an embodiment in which a video stream (or other electronic object) is

accessed via URL for presentation to a user, a PHOSITA would have found it obvious

to launch an Internet client access application program (such as Mosaic) and load

the video stream (or other electronic object) into the application program. Id.; Reboulet

Decl. (EX1003) at 43. This express/teaching suggestion would have prompted a

PHOSITA to merely use known technology in a known manner. Id.

5
Petitioner notes that Claim 8 does not require the application to be launched

through any particular process (such as a scan of a machine readable indicium) and,

instead, only requires that it is launched.

29
IPR2017-02195
U.S. Patent 6,820,807
Claims 9-11:

9. The method of claim 8 comprising providing the second program code to


the application program.
10. The method of 9 comprising executing a function by the application
program based on the second program code.
11. The method of 10 wherein executing a function comprises acting on the
first program code by the application program.
As discussed for claim 6, Wellner teaches providing a second program code

in the form of a functional parameter to order, play, pause, or stop a movie. See

supra Sec. IV.A.v. Further, as discussed for claim 8, Wellner teaches or renders

obvious launching an application program on the computer and loading a

streaming movie (first program code) into the application program. See supra Sec.

IV.A.vii. Thus, a PHOSITA would have understood the process of scanning a

predefined control mark to cause a movie data stream loaded into an application

program to be ordered and played, paused, or stopped teaches providing the second

program code to the application (i.e., the functional parameter providing the

control function), executing a function by the application based on the second

program code (i.e., ordering, playing, pausing, or stopping), and the function

comprises acting on the first program code by the application (i.e., ordering,

playing, pausing, or stopping the movie data stream). Reboulet Decl. (EX1003) at

40-41.

30
IPR2017-02195
U.S. Patent 6,820,807
Claim 12:

[12(pre)] A system for accessing an information resource, the system


comprising:
Wellner teaches this preamble, to the extent it is limiting. See supra [1(pre)]

in Sec. IV.A.i.

[12(a)] a substrate presenting a machine readable indicia of digital data values


formatted into a two dimensional pattern and identifying an information
resource presented with human readably indicia;
Wellner teaches a substrate presenting a machine readable indicia of digital

data values formatted into a two dimensional pattern and identifying an

information resource, such as a movie, game, electronic document, etc. See supra

Sec. IV.A.iii at [3(a)]. Further, Wellner teaches that the machine readable indicia of

digital data values may also be presented with human readable indicia, such as a

description of the film such as the movie title HOME ALONE. Wellner

(EX1004) at 4:65-5:7, Fig. 2.

31
IPR2017-02195
U.S. Patent 6,820,807
Id. at Fig. 2 (annotated). Further, Wellner also states that alphanumeric characters,

which are human readable, can be presented. Id. at 4:46-57.

[12(b)] means for extracting the digital data values from the substrate; and
As discussed above, the means for extracting the digital data values from

the substrate would have required performing the recited function of extracting

the digital data values from the substrate and the corresponding structure would

have at least included a scanner and computer configured to perform the steps of

scanning and decoding and equivalents thereof. See supra Sec. III.C. Wellner

satisfies this construction.

Wellner describes one or more hand-held scanners or pens (11) or other

scanner means for reading marks on an object. Wellner (EX1004) at 1:36-39, 2:22-

56 (As shown in FIG. 1, the system illustratively consists of one or more hand-held

scanners or pens (11) that read marks (e.g., bar codes, alphanumeric characters, or

Xerox glyphs) on the surface of an object.), 3:21-23; see also id. at Figs. 1, 2, 4.

Further, Wellner teaches that the scanner is attached to a computer. As seen below in

Figures 1-2, the scanner (in this case, a scanner pen 11) is connected to a television

display 16 through an interface unit 15.

32
IPR2017-02195
U.S. Patent Jun. 17, 1997 Sheet 1 of 3 5,640,193 U.S. Patent 6,820,807
OTHER SERVERS
FIG. 1 | SERVER
17

14 COMMUNICATIONS NETWORK

USER INTERFACE
15T(CONTROLIER MEMORYIRANSMITTERRECEIVERDISPLAY)
12
11 SCANNER 19A
`--, Ht! IIHRSON
10 MARKSON OBJECT

Id. atSCANNER
2:43-46,
PEN 3:25-45, Figs. 1-2 (annotated). Wellner states that the interface unit 15
18 So
and television 16 may together be implemented in a well-known manner using, for

example, a multimedia computer including a controller, memory, transmitter and

receiver units, display unit, etc., so as to implement the features described herein. Id. at

3:40-45, Figs. 1-2. The scanner pen may be attached through a cable, wire pair, infrared

link, or radio link. Id. at 2:42-46, Figs. 1-2. Thus, Wellner teaches a scanner attached to

a computer.

Wellner describes that the scanner pen 11 may include a

controller/interpreter which decodes the unprocessed output prior to transmitting

it to the interface unit (part of the computer) or it may transmit the raw

unprocessed output from its scanning head 401 to the interface unit 15 for

processing so as to interpret[] it. Id. at 2:47-54, 5:28-46, Figs. 3-4. After the

mark is decoded, the interface unit then engages in bidirectional communication

with servers to transmit commands and access electronic content. Id. at 5:45-6:1,

33
IPR2017-02195
U.S. Patent 6,820,807
Fig. 3. Wellner, therefore, teaches performing the function of extracting digital data

values from the substrate by performing the steps of scanning and decoding using a

scanner attached to a computer. Reboulet Decl. (EX1003) at 44.

[12(c)] means for retrieving the information resource identified by the digital
data.
As discussed above, the means for retrieving the information resource

identified by the digital data would have required performing the recited function

of retrieving the information resource identified by the digital data and the

corresponding structure would have at least included a computer performing the

steps of: (1) activating a communication device, such as a modem, (2) accessing

the information resource identified by digital data, and (3) presenting the

information resource, and equivalents thereof. See supra Sec. III.C. Wellner

satisfies this construction.

Wellner describes an interface unit and television that may together be

implemented in a well-known manner using, for example, a multimedia computer

including a controller, memory, transmitter and receiver units, display unit, etc., so as to

implement the features described herein. Wellner (EX1004) at 3:40-45 (emphasis

added), see also id. at Figs. 1-2. The transmitter and receiver units enable the

computer to communicate with [a] multimedia server to request the movie that the

user has selected through a scan. Id. at 4:65-5:7, 5:37-60. The request for the selected

movie or other electronic content (an information resource) is transmitted to the

34
IPR2017-02195
U.S. Patent 6,820,807
server via a communications network 14. Id.; see also id. at 4:26-35, Figs. 1, 3. A

telephone may be used for establishing the connection to the server, such as where the

communications network is provided by a telephone company, or the network may be

provided by a cable TV company, or both. Id. at 3:29-45. Thus, Wellner describes a

computer performing the step of activating a communication device (and a PHOSITA

would have understood this to teach a modem or its equivalent for communicating via

the telephone or cable network). Reboulet Decl. (EX1003) at 45. Further, Wellner

describes that the server then transmits the selected movie back to the computer,

which begins to play the movie for the user. Wellner (EX1004) at 5:3-7; 51-60.

Wellner, therefore, teaches a computer programmed to perform the function of

retrieving the information resource identified by the digital data by performing the

steps of (1) activating a communication device, (2) accessing the information

resource identified by the digital data, and (3) presenting the information resource.

Id. at 1:39-46, 3:40-45, 5:1-7, 5:40-60, Fig. 3. Reboulet Decl. (EX1003) at 45.

Claim 13:

13. The system of claim 12 wherein the digital data comprises one or more
hyperlinks.
Wellner teaches this limitation. See supra Sec. IV.A.ii at Claim 2.

35
IPR2017-02195
U.S. Patent 6,820,807
Claim 14:

14. The system of claim 13 wherein the digital data identifies a location of a
web page.
Wellner teaches that digital instructions encoded may include an identifier code

for electronic objects on a network that work in a similar way as the well-known

Universal Resource Locator (URL) identifiers in NCSA Mosaic (Internet client access

software for World Wide Web). Wellner (EX1004) at 4:26-45. And Wellner

expressly teaches that the marks may themselves represent Internet Universal

Resource Locator[s] (URL[s]). Id. at claims 3, 24, & 25. A PHOSITA, therefore,

would have understood this to teach digital data identifying a location of a web

page through a URL. Reboulet Decl. (EX1003) at 39.

Claim 15:

15. The system of claim 12 wherein the human readable indicia provides an
indication of a composition of the digital data.
As previously discussed, Wellner teaches an embodiment in which a user

selects a film from a paper catalog and scans the marks next to the description of

the film with a scanner pen. Id. at 4:65-5:7. As seen below in Figure 2, this

description at least includes human readable indicia of the composition of the

digital data movie by providing the title Home Alone.

36
IPR2017-02195
U.S. Patent 6,820,807

Id. at Fig. 2 (annotated). See also id. at 2:28-42.

Claim 18:

18. The system of claim 12 wherein the digital data comprises data used by the
information resource to perform a function.
Wellner teaches this limitation. See supra Sec. IV.A.viii at claims 9-11.

Claim 20:

[20(pre)] A method for retrieving an information resource, the method


comprising:
Wellner teaches this preamble, to the extent it is limiting. See supra Sec.

IV.A.i at [1(a)].

[20(a)] scanning a machine readable indicia comprising digital data values


formatted into a two dimensional pattern;
Wellner teaches this limitation. See supra Sec. IV.A.iii at limitation [3(a)].

[20(b)] extracting an address of the information resource from the machine


readable indicia; and
Wellner teaches this limitation. See supra Sec. IV.A.iii at limitation [3(b)].

37
IPR2017-02195
U.S. Patent 6,820,807
[20(c)] retrieving the information resource for presentation to a user.
Wellner teaches this limitation. See supra Sec. IV.A.iii at limitation [3(c)].

Claim 21:

21. The system of claim 20 wherein extracting comprises extracting a Uniform


Resource Locator and wherein the remote information resource is a web page.
Wellner teaches this limitation. See supra Sec. IV.A.xi at Claim 14. Further,

Wellners reference to Universal Resource Locator identifiers in NCSA Mosaic

(Internet client access software for World Wide Web) (Wellner (EX1004) at 4:26-45)

or an Internet Universal Resource Locator (URL) would have been understood by

a PHOSITA to refer synonymously to a Uniform Resource Locator. Reboulet Decl.

(EX1003) at 39.

Claims 22-23:

22. The method of claim 20 wherein extracting an arbitrarily complex piece of


program code.
23. The method of claim 22 comprising executing the arbitrarily complex
piece of program code using the retrieved information resource as input.
Based on the language of claims 20-21, a PHOSITA would have understood

that claim 22 contains an obvious error and should read, The method of claim

20, wherein extracting comprises extracting an arbitrarily complex piece of

program code. As discussed, an arbitrarily complex piece of program code

would have included program code invoking a function. See supra Sec. III.C.

Further, as discussed for claims 9-11, Wellner teaches the process of

scanning a predefined control mark to invoke a function, such as causing a movie

38
IPR2017-02195
U.S. Patent 6,820,807
data stream to be ordered, played, paused, or stopped. See supra Sec. IV.A.viii.

Since ordering, playing, pausing, or stopping a movie each invoke functions,

Wellner teaches extracting and executing an arbitrarily complex piece of program

code, using the received information resource (movie) as input. Reboulet Decl.

(EX1003) at 41.

Claim 24:

24. The method of claim 22 comprising loading the retrieved information


resource by an application program.
Wellner teaches or at least renders obvious this limitation. See supra Sec.

IV.A.vii at Claim 8.

B. Ground 2: Wellner in view of Hudetz renders claims 16-17 and 21


obvious under 103(a)

i) Claims 16 and 17:

16. The system of claim 12 wherein the human readable indicia comprises a
textual address.

17. The system of claim 16 wherein the textual address comprises a Uniform
Resource Locator.

As discussed above for claims 2, 14, and 21, Wellner teaches encoded

digital data comprising a URL. See supra Sections IV.A.xi, IV.A.xv, IV.A.ii,.

Further, as discussed for claim 12, Wellner teaches presenting a human readable

indicia along with the machine readable indicia (e.g., presenting Home Alone

beside the glyphs or other machine readable marks), but Wellner does not

expressly teach that the human readable indicia comprises a textual address

39
IPR2017-02195
U.S. Patent 6,820,807
(claim 16) or wherein the textual address comprises a Uniform Resource Locator

(URL) (claim 17). U.S. Patent No. 5,978,773 to Hudetz et al. (Hudetz)

(EX1008), however, teaches presenting a URL encoded in a machine readable

pattern alongside a human readable textual URL address. Hudetz (EX1008) at

11:9-27, 11:62-67, Fig. 9. Hudetz was filed on October 3, 1995 and issued on

November 2, 1999, and it therefore qualifies as prior art under 102(e) (pre-AIA).

Hudetz was not cited or discussed during prosecution of the 807 Patent. Hudetz is

in the same field of endeavor as and is reasonably pertinent to the claimed invention of

the 807 Patent. The 807 Patent and Hudetz each teach a computerized data access

system that encodes digital data into machine readable patterns to retrieve

information stored remotely. Hudetz (EX1008) at 1:15-18, 2:45-67, 3:25-36; 807

Patent (EX1001) at Abstract, 1:28-31, 9:26-45, 46:9-18; Reboulet Decl. (EX1003)

at 47. Hudetz, therefore, is analogous art to the claimed invention of the 807

Patent.

Specifically, Hudetz describes with reference to Figs. 8-10 encoding a

network address, mnemonic address, or both for a webpage accessible on a remote

server into a bar code printed on a document. Id. at 10:21-44, 11:9-27, 11:62-67,

Figs. 8-10. When the bar code is scanned and decoded to extract the address, web

browser software navigates the user to the website. 11:28-61, 10:45-11:8. Hudetz

40
IPR2017-02195
U.S. Patent 6,820,807
teaches presenting the websites textual mnemonic address alongside the machine

readable indicia that encodes it, as shown below in Fig. 9:

Id. at 11:11-20, Fig. 9.

A PHOSITA at the time of the 807 Patent would have found it obvious to

combine the teachings of Wellner and Hudetz to present the location of a web site

via a URL encoded in machine readable indicia alongside a human readable form

of the textual address for the URL, as taught by Hudetz. Reboulet Decl. (EX1003)

at 46. Wellner teaches encoding in machine readable marks an objects location

in a similar way as the well-known Universal Resource Locator (URL) identifiers in

NCSA Mosaic (Internet client access software for World Wide Web), and Wellner

claims encoding in its marks an Internet Universal Resource Locator (URL). Wellner

(EX1004) at 4:26-45; see also id. at claims 3, 24, & 25. Further, as discussed,

Wellner teaches presenting human readable indicia of content alongside machine

readable indicia for accessing the content (e.g., Home Alone). See supra Sec.

41
IPR2017-02195
U.S. Patent 6,820,807
IV.A.ix at [12(a)]. These teachings would have suggested to and prompted a

PHOSITA to also present a human readable textual URL alongside the machine

readable indicia of the URL, as taught by Hudetz. Reboulet Decl. (EX1003) at 46.

A PHOSITA would have appreciated that Hudetzs printed human readable URL

would have benefitted Wellners encoded machine readable URL by providing the

user an understandable indication of the content to be accessed, in the same

manner that Wellners human readable descriptions of Wellners encoded machine

readable content allows the user to know and choose the desired content to be

accessed. Id. Further, a PHOSITA also would have appreciated that Hudetzs

concern about encoding lengthy URLs in potentially lengthy bar code symbols

would have been aided by Wellners teaching of using two-dimensional symbols,

such as Xerox glyphs, so as to encode more information in a smaller space. Id.

Therefore, it would have been obvious to combine Wellner with Hudetz, and

claims 16-17 are obvious over this combination.

Claim 21:

21. The system of claim 20 wherein extracting comprises extracting a Uniform


Resource Locator and wherein the remote information resource is a web page.
As discussed above, Wellner teaches coded digital instructions that may

include an identifier code for electronic objects on a network that work in a similar

way as the well-known Universal Resource Locator (URL) identifiers in NCSA Mosaic

(Internet client access software for World Wide Web), and that the marks may

42
IPR2017-02195
U.S. Patent 6,820,807
themselves represent Internet Universal Resource Locator[s] (URL[s]), which a

PHOSITA would have understood to expressly teach digital data identifying a location

of a web page. See supra Sec. IV.A.xi at Claim 14.

To the extent that Patent Owner argues that Wellner does not teach

extracting a URL for accessing a web page, Hudetz teaches the same and it would

have been obvious to combine Hudetz with Wellner. As discussed, Hudetz teaches

encoding a network address, mnemonic address, or both for a webpage accessible

on a remote server into a bar code printed on a document. Id. at 10:21-44, 11:9-27,

11:62-67, Figs. 8-10. When the bar code is scanned and decoded to extract the

address, web browser software navigates the user to the website. 11:28-61, 10:45-

11:8. A PHOSITA would have been motivated to combine Hudetzs extracting of a

URL encoded in machine readable indicia for accessing a webpage based on

Wellners teachings regarding encoding URLs. Reboulet Decl. (EX1003) at 48.

And a PHOSITA would have appreciated that incorporating this functionality of

Hudetz, which teaches that this simplifies the cumbersome process of manual

entry of URLs (Hudetz (EX1008) at 2:28-67), would have furthered Wellners

desire to provide for rapid selections of remote content from a number of choices.

Wellner (EX1004) at 1:23-30, 1:66-2:9; see also Reboulet Decl. (EX1003) at 48.

43
IPR2017-02195
U.S. Patent 6,820,807
C. Ground 3: Wellner in view of Zdybel renders claims 2 and 13-14
obvious under 103(a)

Wellner teaches that the encoded digital data can comprise hyperlinks as

required by claims 2 and 13-14, as discussed above. See supra Section IV.A.ii.

However, to the extent Patent Owner argues to the contrary, European Application

EP 0459792 to Zdybel et al. (Zdybel) (EX1006) teaches the same. Zdybel

describes electronic document systems and methods of tightly coupling the usual

hardcopy outputs to the electronic documents from which the human readable

hardcopies are produced. Id. at 1:1-6. The coupling may use hardcopy documents

(e.g. paper) as an essentially lossless medium for storing and transferring digital

electronic documents that may be utilized to capture otherwise unavailable or not

easily discernible information relevant to the reproduction of the electronic source

document. Id at 1:1-14. Zdybel teaches that examples of such not easily

discernible information in electronic hypertext documents are hypertext pointer

values, which link [] to related electronic documents and which would

otherwise not be captured or embodied in a hardcopy rendering of an electronic

document. Id. at 4:10-15, 11:53-12:11. To capture such information from

electronic documents, the hypertext pointers are encoded into machine readable

digital representations that are printed along with the human readable hard copy

renderings. Id. at Abstract, 5:19-33, 10:14-34. The encoded machine readable

representation is presented in two-dimensional glyph encodings. Id. at 9:49-

44
IPR2017-02195
U.S. Patent 6,820,807
10:13, Figs. 3-4. The two-dimensional glyphs for encoding electronic documents

in Zdybel are depicted below in Figures 3-4. Id. at 5:34-6:9 (describing

encoding), 9:49-10:13 (describing glyphs); Reboulet Decl. (EX1003) at 50.

Id. at Figs. 3-4. Specifically, Zdybel teaches that markings may be black and white

binary bar codes or may provide two or more levels of machine readable

discrimination by virtue of shape or rotation. Zdybel (EX1006) at 10:14-34.

Zdybel was published on April 12, 1991, and therefore qualifies as prior art

to the 807 Patent under 35 U.S.C. 102(b) (pre-AIA). See Zdybel (EX1006).

Zdybel was not cited or discussed during prosecution of the 807 Patent. Zdybel is

in the same field of endeavor as and is reasonably pertinent to the claimed invention of

the 807 Patent. The 807 Patent and Zdybel each teach a computerized data access

system that encodes and decodes digital data into machine readable two

dimensional patterns. Zdybel (EX1006) at 1:1-14, 7:1-12 (teaching system

45
IPR2017-02195
U.S. Patent 6,820,807
elements), 5:34-6:9 (describing encoding and decoding of digital data), Figs. 3-

4; 807 Patent (EX1001) at Abstract, 1:28-31, 9:26-45; Reboulet Decl. (EX1003)

at 49. Further, Zdybel seeks to coupl[e] the usual hard copy version of

documents with their source electronic versions to allow for processing

information more easily and quickly (Zdybel (EX1006) at 1:1-14, 5:5-11), and

the 807 Patent similarly seeks to link the largely separate environments of paper

and computers and convey data with greater ease and speed. 807 Patent

(EX1001) at 1:42-50. Zdybel, therefore, is analogous art to the claimed invention

of the 807 Patent. Reboulet Decl. (EX1003) at 49.

i) Claims 2 and 13:

2. The method as in claim 1, wherein said digital instructions for accessing


data consists of hyperlinks to information extraneous to said formatted digital
data.
13. The system of claim 12 wherein the digital data comprises one or more
hyperlinks.
Wellner teaches claims 1 and 12, as discussed. See supra Secs. IV.A.i &

IV.A.ix. Further, Zdybel expressly teaches encoding hypertext pointer values

contained in electronic hypertext documents into machine-readable two-dimensional

glyphs. Id. at 4:10-15, 9:49-10:34, 11:53-12:11, Figs. 3-4. And Zdybel teaches

that these pointers in hypertext documents link to other documents. Id. at 4:10-15.

A PHOSITA would have understood this to teach encoding hyperlinks into

46
IPR2017-02195
U.S. Patent 6,820,807
machine-readable digital data. Reboulet Decl. (EX1003) at 51; see also supra Sec.

III.C.

A PHOSITA would have found it obvious to combine Zdybels teaching of

hyperlinks encoded into two-dimensional glyphs with Wellners two-dimensional

Xerox glyphs. Reboulet Decl. (EX1003) at 52. A PHOSITA would have been

prompted to do so based on Wellners express teaching and suggestion that its

machine readable marks can function like (and can encode) Internet URLs, which

can be invisibly linked to on-screen buttons. Id. Doing so would have required

no undue experimentation and would have provided predictable results because

both systems use two-dimensional glyphs (and Petitioner notes Zdybel lists Xerox

as the applicant). Id. And a PHOSITA would have appreciated that Zdybels use of

two-dimensional glyphs would have further Wellners purpose of using two-

dimensional patterns to encode more data in less space, as compared to standard

bar codes. Id.

ii) Claim 14:

14. The system of claim 13 wherein the digital data identifies a location of a
web page.

Wellner in view of Zdybel renders claim 13 obvious. See supra Sec. IV.C.i.

Further, as discussed, Wellner teaches that the digital data may be an internet URL,

which identifies a location of a webpage. See supra Sec. IV.xi; see also Reboulet

Decl. (EX1003) at 39; Wellner (EX1004) at 4:35-40, claims 3, 24 & 25.

47
IPR2017-02195
U.S. Patent 6,820,807
D. Ground 4: Laszlo in view of Zdybel renders obvious claims 1-4, 6-7,
12-13, 15, 20, and 22-23 under 103(a)

U.S. Patent No. 5,331,547 to Laszlo (Laszlo) (EX1007) issued on July 19,

1994 and therefore qualifies as prior art to the 807 Patent under 102(b) (pre-

AIA). See Laszlo (EX1007). Laszlo was not cited during prosecution of the 807

Patent.

Laszlo generally teaches a computer system for accessing data files by

reading printed code symbols with a reader to activate various computer

functions and/or to retrieve electronic documents and display them for the

operator. Id. at Abstract, 1:35-43, Fig. 1A. This electronic document is

described as any kind of information-containing object such as a data file stored

in a database and/or optical disk storage, including but not limited to written

documents, articles, reports and correspondence; graphic and video still and

moving images, illustrations, charts, tables, and graphs; audio records including

narrative, speeches, music and other audio information. Id. at 2:45-52.

Additionally, Laszlo teaches that the system permits operation of the

computer system by simply reading predetermined code symbols with an optical

image reader to thereby activate various computer functions such as open window,

close window, pull down menu, escape window, start help, increase window size,

scroll down, page up, page right, print window content, print document, tab left,

previous page, next document, and rotate image. Id. at 2:61-65, 3:57-4:3, Fig 2.

48
IPR2017-02195
U.S. Patent 6,820,807
Laszlo is in the same field of endeavor as and is reasonably pertinent to

purported problems addressed by the claimed invention of the 807 Patent. The 807

Patent teaches a printed pattern that encodes data for accessing program code such as a

word processing document, video file, audio file, visual image, etc. 807 Patent

(EX1001) at Abstract, 1:28-50, 4:50-58, 6:67-7:5, 9:26-45. Specifically, the 807

Patent uses an attached scanning device to decode the encoded data to access the

program code remotely. Id. at 4:13-35, 9:26-45, 27:20-39, 46:9-39, Fig. 1.

Like the 807 Patent, Laszlo relates to a method for controlling access to

electronic documents and/or control codes through use of a wand and/or laser

scanner reading bar codes of machine readable data printed on an object. Laszlo

(EX1007) at Abstract 1:35-43, 2:33-52, 3:3-5, Fig. 1A. Also like the 807 Patent,

Laszlo may further encode a location of program code to be executed to perform a

function upon a user scan of a printed machine readable pattern. Id. at 1:61-65, 3:57-4:3,

Figs. 1A-C, 2. Laszlo states that this eases use of computer functions, such as those

requiring navigation of menus, id. at 1:13-33, which the 807 Patent similarly seeks to

do by allowing users to automatically invoke such functions. EX1001 at 6:65-7:22. And

both Laszlo and the 807 Patent seek to link the paper world with the electronic world.

Id. at 1:37-50; Laszlo (EX1007) at 4:31-37 Laszlo, therefore, is analogous art to the

claimed invention of the 807 Patent. Reboulet Decl. (EX1003) at 53.

49
IPR2017-02195
U.S. Patent 6,820,807
Laszlo teaches that its printed code symbols will typically be bar codes

and that a high number base, such as base 64, is preferred to compress as much

information as possible into a small printed area and to allow for a larger

universe of possible object identifications. Laszlo (EX1007) at 3:3-19, 1:66-2:5. But

Laszlo does not expressly teach using two-dimensional patterns for the printed code

symbols. And while Laszlo does teach using the codes to permit linkages between

documents, Laszlo does not expressly recite use of hyperlinks. Zdybel, however,

teaches both: i) using two-dimensional glyph patterns (Zdybel (EX1006) at 5;34-

6:9, 9:49-10:34, Figs. 3-4), ii) including those that encode hypertext pointer values

from electronic hypertext documents and these pointer values link [] to related

electronic documents. Id. at 4:10-15, 11:44-12:11.

i) Claim 1:

[1(pre)] A method accessing data comprising:


To the extent the preamble is deemed limiting, Laszlo teaches a system

permitting access to and control of a graphic user interface and data stored in a

database or multiple databases. Laszlo (EX1007) at 1:9-11; see also id. at 1:34-41,

Figs. 1A-1D. A method is described that permits operation of the computer

system by simply reading predetermined code symbols with an image reader to

thereby activate various computer functions and/or to retrieve electronic

documents and display them for the operator. Id. at 2:61-65.

50
IPR2017-02195
U.S. Patent 6,820,807
[1(a)] producing digital instructions for accessing data,
formatting into a pattern the series of digital data values representing said
digital instructions for accessing data,
Laszlo teaches producing digital instructions, which are encoded as digital

data in predetermined code symbols such as bar codes and which activate

various computer functions for retrieving electronic documents from external

databases and displaying them for the operator. Id. at Abstract, 1:35-43, 1:61-65,

2:34-41, 3:3-19, 4:4-25, Figs. 1A-1D, 2, 3. Laszlo specifically discloses creating a

read-in alphanumeric code which has a preassigned object identification and

encoding this information in printed code symbols through printing of a hard copy

document with relevant code symbols in place. Id. at 4:31-45, see also id. at 1:44-

65, 3:3-41, Figs. 1A-1C. The encoded object identification can be a control code

for providing instructions to control a graphic user interface or a document

request code for providing instructions for retrieving an electronic document. Id.

at Abstract, 3:32-4:15.

[1(b)] distributing the pattern of formatted digital data,


The 807 Patent describes that the formatted digital data may be distributed

in electronic form, through facsimile, satellite transmission, telephonic

transmission, or cable transmission, or in physical form, through postal delivery,

hand delivery, courier or other contract delivery service as well as any other means

for moving the encoded substrate. 807 Patent (EX1001) at 44:59-45:5.

51
IPR2017-02195
U.S. Patent 6,820,807
Similarly, Laszlo teaches distributing patterns of formatted digital data

through code symbols, such as bar codes, printed on paper documents, control

cards, or other tangible fixed work. Laszlo (EX1007) at 2:6-16, 2:42-44, 3:57-

4:15, Figs. 2-3. A specific example describes an application to be submitted to a

government agency (the FDA) that is presented to a user with these printed code

symbols. Id. at 4:61-5:9, Fig. 3, 2:28-30.

[1(c)] decoding the pattern of formatted digital data, and


Laszlos printed code symbols, upon being scanned in by an optical image

scanner are decoded to yield an alphanumeric code that is then translated from an

alphanumeric code of at least base 16 to a base 10 code, which has a preassigned

object identification. Id. at 1:35-50, 2:66-3:2, Fig. 1A. Further, in the event that

the object identification is a control code invoking a function, the base 10 code is

matched with a corresponding internal event identification code. Id. at 1:50-61.

Either of these disclosures would have been understood by a PHOSITA to teach

decoding the code symbols pattern of formatted digital data. Reboulet Decl.

(EX1003) at 54.

[1(d)] activating the digital instructions for accessing data, whereby the data is
accessed.
As discussed, Laszlo teaches two types of functions that can be initiated

upon scanning and decoding the digital instructions encoded in the printed code

symbols: a control code function or a document request code function. Laszlo

52
IPR2017-02195
U.S. Patent 6,820,807
(EX1007) at 1:45-65, 3:32-41. In the event of a control code, data is accessed

from memory to execute the associated function, such as start help, scroll down,

page left, print page, rotate image, etc. Id. at 1:45-65, 3:42-47, 3:57-4:3, See

also id. at Figs. 1A-D, 2.

In the event of a document request code, then a search query is composed

and sent to a search engine residing in the computer system to execute and retrieve

the requested document and display the requested document on an output device.

Id. at 1:61-65, 4:3-15. Specifically, the search engine is a document retrieval

application that uses the document request code to find the corresponding

database record or object which would typically include fields identifying the

location of the stored document (i.e., the storage device), the type of document (i.e.

ASCII file, raster image file, Wordperfect file etc.), and the identity of the specific

document. Id. at 4:10-25. The electronic document retrieved is then accessed

through output devices such as a display screen, sound generation devices, a

printer, or a plotter. Id. at 4:21-25, 4:35-37, Fig. 1D. Laszlo, therefore, teaches

activating the digital instructions for accessing data, whereby the data is accessed.

53
IPR2017-02195
U.S. Patent 6,820,807
ii) Claim 2:

2. The method as in claim 1, wherein said digital instructions for accessing


data consists of hyperlinks to information extraneous to said formatted digital
data.
As discussed above, hyperlinks would have been displayed data which,

when selected, automatically accesses further sources of information. See supra

Sec. III.C.

Laszlos system permits linkage of hardcopy documents to their electronic

equivalents. Laszlo (EX1007) at 4:31-34. And, specifically, Laszlo teaches, with

reference to an FDA new drug application, that its software allows for printed code

symbols to encode instructions for obtaining and displaying documents such as

supporting data, graphs, studies, etc. relating to the text of the application

allowing linkages to be established between different documents. Id. at 4:61-

5:16, Fig. 3. While Laszlo does not expressly teach performing this linking using

encoded hyperlinks per se, these teachings would nonetheless have suggested to a

PHOSITA to use hyperlinks, a well-known method of linking at the time, such as

taught by Zdybel. Reboulet Decl. (EX1003) at 56.

Specifically, Zdybel teaches encoding digital instructions for accessing data in

the form of encoded hypertext pointer values (i.e., hyperlinks) in electronic hypertext

documents that link to other documents (i.e., information extraneous to said

formatted digital data). See supra Sec. IV.C.

54
IPR2017-02195
U.S. Patent 6,820,807
It would have been obvious to a PHOSITA to combine Zdybels encoded

hyperlinks for providing Laszlos softwares linkages to other related/supporting

documents that can be encoded in the printed code symbols of Laszlos printed

document copies. Reboulet Decl. (EX1003) at 56. A hyperlink was a well-known

way to link to other documents at the time and Laszlos reference to linkages would

have provided an express suggestion or motivation to a PHOSITA to use this well-

known way. Id. A PHOSITA would have appreciated that this method taught by Zdybel

of capturing data that would not otherwise appear in a printed version of an electronic

document would have furthered Laszlos goal of better linking hard copy documents

with their electronic equivalents. Id.; Laszlo (EX1007) at 4:31-34.

iii) Claim 3:
[3(pre)] A method for accessing information, the method comprising:
Laszlo teaches this preamble, to the extent it is limiting. See supra [1(pre)] in Sec.

IV.D.i.

[3(a)] encoding a location of a first program code in a machine readable


indicia formatted into a two dimensional pattern;

As discussed above, program code would have at least included a a

computer file, batch file, script file, application file, audio file, video file,

executable file, visual image, word processing document, or functional parameter.

See supra Sec. III.C.

55
IPR2017-02195
U.S. Patent 6,820,807
As also discussed above, Laszlo teaches that the invention described

permits operation of the computer system by simply reading predetermined code

symbols with an image reader to thereby activate various computer functions

and/or to retrieve electronic documents and display them for the operator. Laszlo

(EX1007) at 2:61-65. This electronic document may be any kind of

information-containing object such as a data file stored in a database and/or optical

disk storage, including but not limited to written documents, articles, reports and

correspondence; graphic and video still and moving images, illustrations, charts,

tables, and graphs; audio records including narrative, speeches, music and other

audio information, which constitutes program code. Id. at 2:45-52; Reboulet

Decl. (EX1003) at 53.

Further, Laszlo teaches that a document request code would allow the

system to uniquely find a corresponding database record or object which would

typically include fields identifying the location of the stored document (i.e., the

storage device), and, thus, teaches that a location of the program code (electronic

document) is encoded in Laszlos symbols. Laszlo (EX1007) at 4:10-15. A

PHOSITA would understand that a location of the program code (electronic

document) is encoded because the data contained in the code symbols is alone

sufficient to enable the computer to locate the electronic document. Laszlo

(EX1007) at 4:4-15; Reboulet Decl. (EX1003) at 58.

56
IPR2017-02195
U.S. Patent 6,820,807
To the extent that Patent Owner argues to the contrary, it would have

nonetheless also been obvious to a PHOSITA to include machine-readable data for

the storage location of the electronic [] document, as taught in Zdybel, directly

into Laszlos code symbol, rather than in a linked database record as in Laszlo. See

Zdybel (EX1006) at 11:53-12:11; see also Reboulet Decl. (EX1003) at 59. This

would have been a simple substitution well within the skill of a PHOSITA,

because it would simply require substitution of one set of encoded data for another.

Reboulet Decl. (EX1003) at 59. It also would have provide predictable results in

that both methods would allow the scanning of the code symbols to cause the

document to be accessed. Id. A PHOSITA would have been motivated to combine

Zdybels storage location in Laszlos encoded data because it would have

furthered Laszlos goal of efficiently linking hard copy documents with their

electronic equivalents and would have simplified Laszlos method of document

retrieval, providing cost and speed benefits. Id.

Laszlo does not expressly teach using a two-dimensional pattern for its

machine-readable symbols. But, as discussed above, Zdybel teaches two-

dimensional machine readable glyphs. See supra Sec. IV.D. A PHOSITA would be

motivated to utilize two dimensional patterns, as taught by Zdybel, in the system of

Laszlo to further Laszlos expressed desire to compress as much information as

possible into a small printed area. Laszlo (EX1007) at 3:3-19; Zdybel (EX1006) at

57
IPR2017-02195
U.S. Patent 6,820,807
10:14-34 (describing two dimensional bar codes), Figs. 3-4; Reboulet Decl.

(EX1003) at 55. Two-dimensional patterns, as taught by Zdybel, were already

well known for their ability to provide higher density encoding than standard 1-D

bar codes. Reboulet Decl. (EX1003) at 55; Pavlidis (EX1014) (discussing 2-D bar

code technologies). And a PHOSITA, therefore, would have been able to

implement Zdybels 2-D pattern without undue experimentation to yield

predictable results. Reboulet Decl. (EX1003) at 54-55.

[3(b)] extracting the location of the first program code from the machine
readable indicia; and

As previously discussed, Laszlo generally teaches a computer system for

accessing data files by reading code symbols with a reader to activate various

computer functions and/or to retrieve electronic documents and display them for

the operator. Laszlo (EX1007) at Abstract, 1:35-43, Fig. 1A. As discussed, Laszlo

scans and decodes the symbols to extract the encoded alphanumeric data that is

translated into the object identification, which can be a control code or document

request code. See supra IV.D.i at [1(c)]-[1(d)]. Laszlo teaches that a document

request code would allow the system to uniquely find a database record or object

which would typically include fields identifying the location of the stored

document. Laszlo (EX1007) at 4:10-15. For the same reasons as discussed above,

a PHOSITA would understand that Laszlo teaches extracting the location of the

first program code (embodied as an electronic document) because the data captured

58
IPR2017-02195
U.S. Patent 6,820,807
from the code symbols is alone sufficient to enable the computer to locate the

electronic document. See supra IV.D.iii at [3(a)]; Reboulet Decl. (EX1003) at 58

Also for the same reasons discussed above, the same also would have been obvious

over Laszlo in view of Zdybel. See supra IV.D.iii at [3(a)]; Reboulet Decl.

(EX1003) at 59.

[3(c)] retrieving the first program code according to the extracted location for
execution by a computer.
Laszlo teaches retrieving the requested document (first program code)

according to the location extracted from reading the code symbols and then

displaying the document (i.e., execution on a computer) on an output device such

as a terminal display 38. Laszlo (EX1007) at 4:7-37, 4:56-60. And, as discussed

above, Laszlo teaches, or at least renders obvious in view of Zdybel, extracting an

encoded location of a first program code. See Supra IV.D.iii at [3(a)]-[3(b)].

Further Laszlo teaches that the document request code causes the system to

execute and retrieve the requested document, resulting in it being displayed on an

output device. Id. at 4:56-60. Laszlo also teaches that the system permits

operationby simply reading predetermined code symbols with an optical image

reader to thereby activate various computer functions such as open window, close

window, pull down menu, escape window, start help, increase window size, scroll

down, page up, page right, print window content, print document, tab left, previous

page, next document, and rotate image. Id. at 2:61-65, 3:57-4:3, Fig 2. A

59
IPR2017-02195
U.S. Patent 6,820,807
PHOSITA would understand each of the above disclosures to teach retrieving the

first program code according to the extracted location for execution by a computer.

Reboulet Decl. (EX1003) at 57.

iv) Claim 4:

4. The method of claim 3 comprising automatically executing the first


program code.
Laszlo teaches that the discussed process will execute and retrieve the

electronic documents (i.e., program code). Laszlo (EX1007) at 4:4-14, 4:56-60. Laszlo

also teaches user interface functions executed upon scanning a control code, such

as open window, start help, etc. Id. at 3:62-4:3. Either of these teachings, alone

or in combination, teach automatically executing the first program code, because

the electronic documents are displayed and the functions are executed without

further user input after scanning the symbols. Reboulet Decl. (EX1003) at 57.

iii) Claim 6:

6. The method of claim 3 comprising:


encoding a location of a second program code in the machine readable indicia;
extracting a location of a second program code from the machine readable
indicia; and
retrieving the second program code according to the extracted location.

As discussed above, Laszlo describes that the system permits

operationby simply reading predetermined code symbols with an optical image

reader to thereby activate various computer functions such as when the code

60
IPR2017-02195
U.S. Patent 6,820,807
symbol is for a control code for performing functions, such as open window,

close window, pull down menu, escape window, start help, increase window size,

scroll down, page up, page right, print window content, print document, tab left,

previous page, next document, and rotate image (i.e., second program codes). Id. at

2:61-65, 3:32-4:3, Fig 2.

As discussed, program code would have at least included a a computer

file, batch file, script file, application file, audio file, video file, executable file,

visual image, word processing document, or functional parameter. See supra Sec.

III.C. Control codes for performing user interface functions, such as, e.g., start

help, open window, close window, scroll down, etc. would have been understood

by a PHOSITA to constitute at least functional parameters. Reboulet Decl.

(EX1003) at 53. Further, Laszlo teaches that these functional control codes are

linked to the native instruction set inherent to a graphic user interface software

(Laszlo (EX1007) at 3:42-56) and, therefore, would be understood by a PHOSITA

to identify the location of the second program code. Reboulet Decl. (EX1003) at

60. Thus, based on any of these printed code symbols, Laszlo teaches encoding

a location of a second program code in the machine readable indicia. Laszlo

61
IPR2017-02195
U.S. Patent 6,820,807
(EX1007) at 3:57-4:3, Fig. 2; Reboulet Decl. (EX1003) at 60.6 Further, the act of

scanning these printed control code symbols for the various control functions, as

taught by Laszlo, teaches extracting a location of program code (the instructions

for the functional parameter) from the symbols and retrieving the program code

according to that extracted location (i.e. when the function is executed). Reboulet

Decl. (EX1003) at 60.

Claim 7:

7. The method of 6 wherein retrieving the second program code provides


parameters required for the execution of the first program code by the
computer.

As discussed above regarding claim 6, Laszlo teaches retrieving a second

program code that includes the functional parameters such as opening a window,

starting help, printing a page or document, etc. Laszlo (EX1007) at 3:57-4:3, Fig. 2;

see also supra Sec. IV.D.v at Claim 6. A parameter of an open function is

required for the execution of a first program code comprising a document (and

similarly for starting a help application or printing a document), and thus

Laszlo teaches retrieving the second program code provides parameters required

6
As discussed above, the use of indicia in this claim indicates that it may be

taught by a plurality of machine readable code symbols. See supra footnote 3 of

Sec. IV.A.v.

62
IPR2017-02195
U.S. Patent 6,820,807
for the execution of the first program code by the computer. Reboulet Decl.

(EX1003) at 60.

Claim 12:

[12(pre)] A system for accessing an information resource, the system


comprising:
Laszlo teaches this preamble, to the extent it is limiting. See supra [1(pre)] in

Sec. IV.D.i.

[12(a)] a substrate presenting a machine readable indicia of digital data values


formatted into a two dimensional pattern and identifying an information
resource presented with human readably indicia;
Laszlo in view of Zdybel renders obvious a substrate presenting a machine

readable indicia of digital data values formatted into a two dimensional pattern,

and a PHOSITA would have been motivated to make this combination to further

Laszlos goal of increasing encoded information density, as discussed above. See

supra Sec. IV.D.iii at [3(a)]. Further, Laszlo teaches presenting human readable

indicia alongside the machine readable indicia. See Laszlo (EX1007) at Figs. 2-3;

5:10-13 (code symbols may be embedded in the text or printed on the facing

page of each page of the document). Zdybel also teaches that the machine

readable indicia of digital data values may be presented along with human readable

indicia, such as a rendering of the document itself. Zdybel (EX1006) at 5:5-11

(describing integration of machine readable representations with human readable

renderings), Figs. 3-4.

63
IPR2017-02195
U.S. Patent 6,820,807
[12(b)] means for extracting the digital data values from the substrate; and
As discussed above, the ordinary and customary meaning as understood by a

PHOSITA of means for extracting the digital data values from the substrate

would have required performing the recited function of extracting the digital data

values from the substrate and the corresponding structure would have at least

included a scanner and computer configured to perform the steps of scanning and

decoding, and equivalents thereof. See supra Sec. III.C.

Laszlo describes a computer system for accessing data files provided

with an optical image reader for scanning a code symbol. Laszlo (EX1007) at 2:66-

3:2, Fig. 1. Laszlo teaches that the computer performs steps of reading-in an

alphanumeric code from a scanned code symbol, which is stored in a buffer, tested

for completion, and translated into a base-10 code with a preassigned object

identification. Id. at 1:44-50, 3:20-22. A PHOSITA would have understood this to

be a decoding process, because the symbolic encoded data is decoded into an

alphanumeric code that can then be used by the computer. Reboulet Decl. (EX1003)

at 54.

Additionally, Zdybel teaches document assembly software residing on the

computer that interprets input data from machine readable data patterns to

produce electronic documents. Zdybel (EX1006) at 7:45-8:13. A PHOSITA would

have also understood this to be a decoding process, because it converts the

64
IPR2017-02195
U.S. Patent 6,820,807
symbolic encoded data into its electronic document form. Reboulet Decl. (EX1003)

at 54.

[12(c)] means for retrieving the information resource identified by the digital
data.

As discussed above, the ordinary and customary meaning as understood by a

PHOSITA of means for retrieving the information resource identified by the

digital data would have required performing the recited function of retrieving the

information resource identified by the digital data and the corresponding structure

would have at least included a computer performing the steps of: (1) activating a

communication device, such as a modem, (2) accessing the information resource

identified by digital data, and (3) presenting the information resource, and

equivalents thereof. See supra Sec. III.C.

Laszlo describes a computer with modem access to external databases.

Laszlo (EX1007) at 2:35-41. Laszlo then specifically states, If the object

identification is a document request code, then a search query is composed and

sent to a search engine residing in the computer system to execute and retrieve the

requested document and display the requested document on an output device. Id.

at 4:4-14, 4:56-60. Therefore, Laszlo teaches the three-step process of (1) activating

a communication device, such as a modem, (2) accessing the information resource

identified by digital data, and (3) presenting the information resource. Id. at 2:35-

41, 4:4-14, 4:56-60, Figs. 1A-D; Reboulet Decl. (EX1003) at 62.

65
IPR2017-02195
U.S. Patent 6,820,807
Claim 13:

13. The system of claim 12 wherein the digital data comprises one or more
hyperlinks.
Laszlo in view of Zdybel renders this claim obvious. See supra Sec. IV.D.ii

at Claim 2.

vii) Claim 15:

15. The system of claim 12 wherein the human readable indicia provides an
indication of a composition of the digital data.
Zdybel teaches printing machine readable digital representations of electronic

documents and human readable renderings of the document on the same recording

medium (e.g. paper) using the same printing process. Zdybel at 5:13-33. A human

readable rendering of a document would have been understood by a PHOSITA to

constitute an indication of the composition of the electronic document to which it is

linked. Reboulet Decl. (EX1003) at 63.

viii) Claim 20:

[20(pre)] A method for retrieving an information resource, the method


comprising:
Laszlo teaches this preamble, to the extent it is limiting. See supra Sec.

IV.D.i at [1(a)].

[20(a)] scanning a machine readable indicia comprising digital data values


formatted into a two dimensional pattern;
Laszlo in view of Zdybel renders obvious this limitation. See supra Sec.

IV.D.iii at limitation [3(a)].

66
IPR2017-02195
U.S. Patent 6,820,807
[20(b)] extracting an address of the information resource from the machine
readable indicia; and
Laszlo teaches this limitation and, alternatively, Laszlo in view of Zdybel

renders obvious this limitation. See supra Sec. IV.D.iii at limitations [3(a)-3(b)].

[20(c)] retrieving the information resource for presentation to a user.


Laszlo teaches this limitation. See supra Sec. IV.D.iii at limitation [3(c)].

Claims 22-23:

22. The method of claim 20 wherein extracting an arbitrarily complex piece of


program code.
23. The method of claim 22 comprising executing the arbitrarily complex
piece of program code using the retrieved information resource as input.
Based on the language of claims 20-21, a PHOSITA would have understood

that claim 22 contains an obvious error, and should read The method of claim

20, wherein extracting comprises extracting an arbitrarily complex piece of

program code. An arbitrarily complex piece of program code would have

included program code invoking a function. See supra Sec. III.C.

Laszlo teaches a process of scanning a code symbol corresponding to a

control code to perform the function of printing the electronic document. Laszlo

(EX1007) at 3:57-4:3 (print document); see also id. at 3:20-61, 4:31-37, 4:23-25.

Since printing a document is an invoked function, Laszlo teaches extracting and

executing an arbitrarily complex piece of program code (program code for

invoking the function of printing a document), using the retrieved information

resource (electronic document) as input. Reboulet Decl. (EX1003) at 61.

67
IPR2017-02195
U.S. Patent 6,820,807
V. CONCLUSION

Petitioner respectfully requests that claims 1-4, 6-18 and 20-24 of the 807

Patent be cancelled.

Respectfully submitted,

/s/ Jason R. Mudd


Jason R. Mudd, Reg. No. 57,700
Ashraf Fawzy, Reg. No. 67,914
Eric A. Buresh, Reg. No. 50,394
Roshan Mansinghani, Reg. No. 62,429

ATTORNEYS FOR PETITIONER

68
IPR2017-02195
U.S. Patent 6,820,807
VI. MANDATORY NOTICES UNDER 37 C.F.R. 42.8(A)(1)

A. Real Party-In-Interest

Petitioner certifies that it is the real party-in-interest. 37 C.F.R. 42.8(b)(1).

No other party exercised control or could exercise control over Petitioners

participation in this proceeding, the filing of this petition, or the conduct of any

ensuing trial.

B. Related Matters

The 807 Patent has been the subject of the following patent infringement

lawsuits:

Name Number District


Kaldren LLC v. Embraer Executive Jet 1-17-cv-01356 DED
Services, LLC
Kaldren LLC v Denbury Resources Inc. 1-17-cv-01265 DED
Kaldren LLC v. Skyworks Solutions, Inc. 1-17-cv-01266 DED
Kaldren LLC v. Express Scripts Holding 1-17-cv-01267 DED
Company
Kaldren LLC v. Edwards Lifesciences 1-17-cv-01268 DED
Corporation
Kaldren LLC v. La Crosse Technology, 3-17-cv-00661 WIWD
Ltd.
Kaldren LLC v. Madison Gas and Electric 3-17-cv-00663 WIWD
Company
Kaldren LLC v. Wausau Paper Corp. 3-17-cv-00664 WIWD
Kaldren LLC v. Rust-Oleum Corporation 1-17-cv-06149 ILND
Kaldren LLC v. Trippe Manufacturing 1-17-cv-06151 ILND
Company d/b/a Tripp Lite
Kaldren LLC v. Blue Cross and Blue 5-17-cv-00155 TXED
Shield of Texas, Inc.
Kaldren LLC v. Stemco LP 5-17-cv-00156 TXED
Kaldren LLC v. The Hain Celestial Group, 1-17-cv-04890 NYED
Inc.

69
IPR2017-02195
U.S. Patent 6,820,807
Kaldren LLC v. Cigna Corporation 1-17-cv-01160 DED
Kaldren LLC v. The Northwestern Mutual 2-17-cv-00916 WIED
Life Insurance Company
Kaldren LLC v. Western States Envelope 2-17-cv-00917 WIED
Company
Kaldren LLC v. Woodway USA, Inc. 2-17-cv-00918 WIED
Kaldren LLC v. AbbVie Inc. 1-17-cv-04991 ILND
Kaldren LLC v. Allstate Insurance 1-17-cv-04992 ILND
Holdings LLC
Kaldren LLC v. Anixter Inc. 1-17-cv-04998 ILND
Kaldren LLC v. Medline Industries, Inc. 1-17-cv-05000 ILND
Kaldren LLC v. Signode Industrial Group 1-17-cv-05001 ILND
LLC
Kaldren LLC v. Marinette Marine 1-17-cv-00914 WIED
Corporation
Kaldren LLC v. PNY Technologies, Inc. 2-17-cv-04439 NJD
Kaldren LLC v. Kik US, Inc. 1-17-cv-00752 DED
Kaldren LLC v. Snap Inc. 1-17-cv-00753 DED
Kaldren LLC v. American Express 1-17-cv-03625 NYSD
Company
Kaldren LLC v. The Hain Celestial Group, 1-17-cv-03638 NYSD
Inc.
Kaldren LLC v. HSBC USA, Inc. 1-17-cv-03640 NYSD
Kaldren LLC v. JP Morgan Chase & Co. 1-17-cv-03641 NYSD
Kaldren LLC v. PNY Technologies, Inc. 1-17-cv-03644 NYSD
Kaldren LLC v. Citigroup Inc. 5-17-cv-00066 TXED
Kaldren LLC v. General Mills, Inc. 5-17-cv-00067 TXED
Kaldren LLC v. J.D. Power and 5-17-cv-00068 TXED
Associates, Inc.
Kaldren LLC v. NeilMed Pharmaceuticals, 5-17-cv-00069 TXED
Inc.
Kaldren LLC v. Pioneer Electronics 5-17-cv-00070 TXED
(USA), Inc.
Kaldren LLC v. The Proctor & Gamble 5-17-cv-00071 TXED
Company
Kaldren LLC v. SunTrust Banks, Inc. 5-17-cv-00072 TXED

70
IPR2017-02195
U.S. Patent 6,820,807
C. Lead and Back-Up Counsel Under 37 C.F.R. 42.8(b)(3)

Petitioner provides the following designation and service information for

lead and back-up counsel. 37 C.F.R. 42.8(b)(3) and (b)(4). Jason Mudd will serve

as lead counsel. Ashraf Fawzy will serve as first back-up counsel. Eric Buresh and

Roshan Mansinghani will serve as additional back-up counsel. Please direct all

correspondence regarding this proceeding to counsel at their respective email

addresses: jason.mudd@eriseip.com, eric.buresh@eriseip.com, ptab@eriseip.com,

afawzy@unifiedpatents.com, and roshan@unifiedpatents.com.

Lead Counsel Back-Up Counsel


Jason R. Mudd (Reg. No. 57,700) Ashraf A. Fawzy (Reg. No. 67,914)
jason.mudd@eriseip.com afawzy@unifiedpatents.com
ptab@eriseip.com Unified Patents Inc.
Postal and Hand-Delivery Address: 1875 Connecticut Ave. NW, Floor 10
ERISE IP, P.A. Washington, D.C. 20009
6201 College Blvd., Suite 300 Telephone: (202) 871-0110
Overland Park, Kansas 66211 Eric A. Buresh (Reg. No. 50,394)
Telephone: (913) 777-5600 eric.buresh@eriseip.com
ptab@eriseip.com
Postal and Hand-Delivery Address:
ERISE IP, P.A.
6201 College Blvd., Suite 300
Overland Park, Kansas 66211
Telephone: (913) 777-5600
Roshan Mansinghani (Reg. No. 62,429)
roshan@unifiedpatents.com
Postal and Hand-Delivery Address:
Unified Patents Inc.
13355 Noel Road, Suite 1100
Dallas, TX, 75240
Telephone: (214) 945-0200

71
IPR2017-02195
U.S. Patent 6,820,807
D. Payment of Fees Under 37 C.F.R. 42.103

The undersigned submitted payment by deposit account with the filing of

this Petition authorizing the Office to charge fees required under 37 C.F.R.

42.103(a) and 42.15(a).

72
IPR2017-02195
U.S. Patent 6,820,807

APPENDIX OF EXHIBITS

EX1001 U.S. Patent 6,820,807 to Antognini et al. (807 Patent)


EX1002 File History of U.S. Patent 6,820,807 to Antognini et al. (807
File History)
EX1003 Expert Declaration of Mr. Mark Reboulet (Reboulet Decl.)
EX1004 U.S. Patent No. 5,640,193 to Wellner (Wellner)
EX1005 Wellner, P. David, Interacting with paper on the DigitalDesk,
PhD thesis, University of Cambridge, Computer Laboratory,
March 1994 (Wellner Article)
EX1006 European Application EP 0459792 to Zdybel et al. (Zdybel)
EX1007 U.S. Patent No. 5,331,547 to Laszlo (Laszlo)
EX1008 U.S. Patent No. 5,978,773 to Hudetz et al. (Hudetz)
EX1009 U.S. Patent No. 6,098,882 to Antognini et al. (882 Patent)
EX1010 File History of U.S. Patent No. 5,640,193 to Wellner (Wellner
File History)
EX1011 Microsoft Computer Dictionary (3rd Ed., 1997), excerpt
EX1012 Hecht, David L., Embedded Data Glyph Technology for
Hardcopy Digital Documents, Proc. SPIE 2171, Color Hard
Copy and Graphic Arts III, May 9, 1994 (Hecht)
EX1013 Declaration of Scott Bennett, Ph.D. (Bennett Decl.)
EX1014 Pavlidis, Theo et al. Information Encoding with Two-
Dimensional Bar Codes, Computer, 1992 (Pavlidis)
EX1015 U.S. Patent No. 2,612,994 to Woodland et al. (Woodland)
EX1016 The History of the Bar Code Weightman, Gavin September
23, 2015 (retrieved from Smithsonian.com) (Weightman)
EX1017 U.S. Patent No. 3,959,624 to Kaslow (Kaslow)
EX1018 U.S. Patent No. 4,066,873 to Schatz (Schatz)
EX1019 U.S. Patent No. 4,121,574 to Lester (Lester)
EX1020 U.S. Patent No. 4,007,377 to Simon et al. (Simon)
EX1021 U.S. Patent No. 3,961,164 to Reed et al. (Reed)
EX1022 U.S. Patent No. 4,034,230 to Brill et al. (Brill)
EX1023 Harmon, Craig K., Lines of Communication, Helmers
Publishing, Inc., 1994 (Harmon)
IPR2017-02195
U.S. Patent 6,820,807
EX1024 PDF417 Specification, Symbol Technologies, Inc., 1991
(PDF417 Spec)
EX1025 U.S. Patent No. 5,726,435 to Hara et al. (Hara)
EX1026 U.S. Patent No. 5,304,786 to Pavlidis et al. (Pavlidis Patent)
EX1027 U.S. Patent No. 6,053,407 to Wang et al. (Wang)
EX1028 U.S. Patent No. 5,288,986 to Pine et al. (Pine)
EX1029 U.S. Patent No. 5,337,362 to Gormish et al. (Gormish)
EX1030 U.S. Patent No. 5,591,956 to Longacre et al. (Longacre)
EX1031 U.S. Patent No. 5,862,270 to Lopresti et al. (Lopresti)
EX1032 U.S. Patent No. 5,245,165 to Zhang (Zhang)
EX1033 U.S. Patent No. 5,278,400 to Appel (Appel)
EX1034 U.S. Patent No. 5,329,107 to Priddy et al. (Priddy)
EX1035 U.S. Patent No. 5,815,634 to Daum et al. (Daum)
EX1036 U.S. Patent No. 5,168,147 to Bloomberg (Bloomberg)
EX1037 Excerpt from SPIE Digital Library Website
EX1038 U.S. Patent No. 5,490,217 to Wang et al. (Wang 217)
IPR2017-02195
U.S. Patent 6,820,807

CERTIFICATE OF COMPLIANCE

Pursuant to 37 C.F.R. 42.24(d), I hereby certify that this Petition complies


with the type-volume limitation of 37 C.F.R. 42.24(a)(1)(i) because it contains
13,917 words, as determined by the Microsoft Office Word word-processing
program used to prepare this document, excluding the parts of the document
exempted by 37 C.F.R. 42.24(a)(1).

/s/ Jason R. Mudd


Jason R. Mudd, Reg. No. 57,700
IPR2017-02195
U.S. Patent 6,820,807

CERTIFICATE OF SERVICE ON PATENT OWNER


UNDER 37 C.F.R. 42.105(a)

Pursuant to 37 C.F.R. 42.6(e) and 42.105(b), the undersigned certifies


that on October 4, 2017, a complete and entire copy of this Petition for Inter Partes
Review and the accompanying exhibits were provided via Express Mail to the
Patent Owner by serving the correspondence address of record for U.S. Patent
6,820,807 as listed on PAIR:

Nixon Peabody LLP


PO BOX 60610
Palo Alto CA 94306

Further, a complete and entire copy of this Petition for Inter Partes Review
and the accompanying exhibits were also served on Patent Owner by sending via
Federal Express to the below address, which Nixon Peabody LLP has represented
as the current address for recently merged operations of its San Francisco and Palo
Alto operations:

Nixon Peabody LLP


One Embarcadero Center
Suite 1800
San Francisco, California 94111-3600

Further, a courtesy copy of this Petition for Inter Partes Review was sent via
e-mail to Patent Owners litigation counsel:

Peter J. Corcoran, III


CORCORAN IP LAW, PLLC
2019 Richmond Road, Suite 380
Texarkana, Texas 75503
Tel: (903) 701-2481
Email: peter@corcoranip.com

/s/ Jason R. Mudd


Jason R. Mudd, Reg. No. 57,700