Xilinx, Inc. V Intellectual Ventures I LLCDownload PDFPatent Trial and Appeal BoardMar 10, 201408686809 (P.T.A.B. Mar. 10, 2014) Copy Citation Trials@uspto.gov Paper 49 571-272-7822 Entered: March 10, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ XILINX, INC. Petitioner v. INTELLECTUAL VENTURES I LLC Patent Owner ____________ Case IPR2013-00029 Patent 5,632,545 Before SALLY C. MEDLEY, KARL D. EASTHOM, and JUSTIN T. ARBES, Administrative Patent Judges. ARBES, Administrative Patent Judge. FINAL WRITTEN DECISION 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73 Case IPR2013-00029 Patent 5,632,545 2 I. BACKGROUND Petitioner Xilinx, Inc. (“Xilinx”) filed a Petition (Paper 2) (“Pet.”) seeking inter partes review of claims 1-3 of U.S. Patent No. 5,632,545 (“the ’545 patent”) pursuant to 35 U.S.C. §§ 311-319. On March 12, 2013, the Board granted the Petition and instituted an inter partes review of all claims on two grounds of unpatentability (Paper 11) (“Dec. on Inst.”). Subsequent to institution, Patent Owner Intellectual Ventures I LLC (“IV”) filed a Patent Owner Response (Paper 22) (“PO Resp.”), and Xilinx filed a Reply (Paper 27) (“Pet. Reply”). Along with its Patent Owner Response, IV filed a Motion to Amend (Paper 23) (“Mot. to Amend”), proposing substitute claim 4 if the Board determines claim 2 to be unpatentable, and substitute claim 5 if the Board determines claim 3 to be unpatentable. Xilinx filed an Opposition to the Motion to Amend (Paper 26) (“Pet. Opp.”), and IV filed a Reply (Paper 33) (“PO Reply”). IV also filed a Motion to Exclude (Paper 35) (“Mot. to Exclude”) certain testimony of Xilinx’s declarant, A. Bruce Buckman, Ph.D. Xilinx filed an Opposition to the Motion to Exclude (Paper 42) (“Exclude Opp.”), and IV filed a Reply (Paper 43) (“Exclude Reply”). An oral hearing was held on December 9, 2013, and a transcript of the hearing is included in the record (Paper 48) (“Tr.”). The Board has jurisdiction under 35 U.S.C. § 6(c). This final written decision is issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73. For the reasons that follow, we determine that Xilinx has shown by a preponderance of the evidence that claims 1-3 of the ’545 patent are unpatentable, and we deny IV’s Motion to Amend. Case IPR2013-00029 Patent 5,632,545 3 A. The ’545 Patent The ’545 patent relates to a “color video projector system” having “separate light sources for producing separate beams of light which are passed each first through color filters to provide separate color beams before being processed by video-controlled light shutter matrices and then combined into a single beam projectable to provide a full-color video display with superimposed color spots.” Ex. 1001, Abstract. The patent describes how prior art video projector systems, such as color Liquid Crystal Display (LCD) projectors, were expensive and had difficulty providing adequate light levels. Id. at col. 1, ll. 9-19. Later systems based on “active matrix color LCD’s (AM-LCD’s)” were less expensive, but still had limited brightness and resolution. Id. at col. 1, ll. 20-31. The ’545 patent addresses these problems by “pre-coloring” the input light and “using a triple monochrome LCD structure instead of a color AM-LCD.” Id. at col. 2, ll. 1-12. The resulting arrangement, according to the ’545 patent, provides better light output because less light is absorbed than in a color AM-LCD, and results in better resolution due to the superposition of color spots on the display. Id. It also is less expensive because monochrome LCDs are less expensive than color LCDs, and precise alignment of the components is less critical than with a color AM-LCD. Id. Case IPR2013-00029 Patent 5,632,545 4 Figure 1, the sole figure of the ’545 patent, is reproduced below. Figure 1 depicts a video projector system comprising, inter alia, (A) lamps 132-134, which emit light; (B) condenser lens system 115, which focuses the three light beams emitted by the lamps; (C) red/green/blue filters 112-114, through which the respective light beams pass; (D) monochrome LCD arrays 117-119 in LCD unit 120; (E) controller 122, which controls the arrays; and (F) mirror and prism system 111, which combines the separate beams into a single beam for projection onto surface 101. Id. at col. 2, l. 50-col. 3, l. 22. Case IPR2013-00029 Patent 5,632,545 5 B. Exemplary Claim Claim 1 of the ’545 patent is the only independent claim: 1. A video projector system comprising: individual light sources, one each for each color to be projected, adapted to provide each a separate light beam; a lens system in the path of the separate light beams, adapted for focusing the beams; a number of individual color filters equal to the number of beams, in the colors to be projected, and placed one each in each beam path; a light-shutter matrix system comprising a number of equivalent switching matrices equal to the number of beams and placed one each in the beam paths; a video controller adapted for controlling the light-shutter matrices; and an optical combination system adapted for combining the several beams into a single composite beam for projection on a surface to provide a video display; wherein each beam passes through a color filter before being processed by a light-switching matrix. C. Prior Art The pending grounds of unpatentability in this inter partes review are based on the following prior art: 1. U.S. Patent No. 5,108,172, issued Apr. 28, 1992 (“Flasck”) (Ex. 1002); 2. U.S. Patent No. 5,264,951, issued Nov. 23, 1993 (“Takanashi”) (Ex. 1003); and 3. U.S. Patent No. 5,287,131, issued Feb. 15, 1994 (“Lee”) (Ex. 1004). Case IPR2013-00029 Patent 5,632,545 6 D. Pending Grounds of Unpatentability This inter partes review involves the following grounds of unpatentability: Reference(s) Basis Claims Flasck 35 U.S.C. § 103(a) 1-3 Takanashi and Lee 35 U.S.C. § 103(a) 1-3 II. ANALYSIS A. Claim Interpretation Consistent with the statute and legislative history of the Leahy-Smith America Invents Act, Pub. L. No. 112-29, 125 Stat. 284 (2011) (“AIA”), the Board interprets claims using the “broadest reasonable construction in light of the specification of the patent in which [they] appear[].” 37 C.F.R. § 42.100(b); see also Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,766 (Aug. 14, 2012). There is a “heavy presumption” that a claim term carries its ordinary and customary meaning. CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002). However, a “claim term will not receive its ordinary meaning if the patentee acted as his own lexicographer and clearly set forth a definition of the disputed claim term in either the specification or prosecution history.” Id. “Although an inventor is indeed free to define the specific terms used to describe his or her invention, this must be done with reasonable clarity, deliberateness, and precision.” In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994). Also, we must be careful not to read a particular embodiment appearing in the written description into the claim if the claim language is broader than the embodiment. See In re Case IPR2013-00029 Patent 5,632,545 7 Van Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993) (“limitations are not to be read into the claims from the specification”). 1. “Video Projector System” and “Video” The preamble of claim 1 recites a “video projector system.” We did not interpret the preamble in the Decision on Institution. IV argues in its Patent Owner Response that “video projector system” should be interpreted to mean “a system enabling the projection of video, meaning the projection of moving images that change fast enough to be undetectable by the human eye,” citing an encyclopedia description of “analog video” and testimony from Dr. Buckman as support. PO Resp. 7-8 (citing Ex. 2007 at 166, Ex. 2004 at 12:17-20). Xilinx does not disagree with IV’s proposed interpretation. See Tr. 11:14-24. “In general, a preamble limits the invention if it recites essential structure or steps, or if it is ‘necessary to give life, meaning, and vitality’ to the claim.” Catalina Mktg. Int’l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 808 (Fed. Cir. 2002) (citation omitted). “Conversely, a preamble is not limiting ‘where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention.’” Id. (citation omitted). IV proposes an interpretation for the preamble in claim 1, but does not explain why the language is limiting. We are not persuaded that the preamble recites essential structure for the claim. Rather, the body of the claim recites six components that define a structurally complete system. Further, although the body of the claim refers to “projection on a surface to provide a video display,” it does not refer Case IPR2013-00029 Patent 5,632,545 8 specifically to the “video projector” language of the preamble. Reading the claim as a whole, we conclude that the preamble is not limiting. The body of claim 1, however, recites the term “video” in two contexts: (1) a “video controller,” and (2) an “optical combination system adapted for combining the several beams into a single composite beam for projection on a surface to provide a video display.” Thus, regardless of what is recited in the preamble, the system must be capable of providing a “video” display on a projection surface. In the context of claim 1, we agree with IV that the term “video” should be given its ordinary and customary meaning. See Ex. 2007 at 166; Ex. 2004 at 12:16-20. Applying the broadest reasonable interpretation of the claims in light of the Specification, we interpret “video” to mean a sequence of images that change fast enough to be undetectable by the human eye. 2. “Light-Shutter Matrix System” In the Decision on Institution, based on the arguments presented by Xilinx in its Petition and by IV in its Preliminary Response, we interpreted the term “light-shutter matrix system” in claim 1 to mean a set of matrices, such as monochrome LCD arrays, where each matrix comprises a rectangular arrangement of elements capable of limiting the passage of light. Dec. on Inst. 6-9. Xilinx agrees with this interpretation. Pet. Reply 3-4. IV argues that the interpretation is incorrect, and that “light-shutter matrix system” instead should be interpreted to mean “a two-dimensional array of elements that selectively admit and block light.” PO Resp. 13. As explained below, we are persuaded that our original interpretation should be modified slightly. Case IPR2013-00029 Patent 5,632,545 9 We begin with the language of the claims. Claim 1 recites a “light-shutter matrix system comprising a number of equivalent switching matrices equal to the number of beams and placed one each in the beam paths.” Thus, the “light-shutter matrix system” is made up of “equivalent switching matrices.” The claims also refer to these matrices as “light-switching matri[ces]” (claim 1) and “light-shutter matrices” (claim 2). Although the language is slightly different, the terms appear to be used interchangeably in the claims and Specification of the ’545 patent, and we conclude that they are referring to the same thing. See, e.g., Ex. 1001, col. 1, ll. 48-67. Dependent claim 2 further recites that “the light-shutter matrices are monochrome LCD arrays.” Therefore, based on the surrounding language of the claims, we know that the “light-shutter matrix system” is comprised of multiple equivalent matrices, and that one example of such a matrix is a monochrome LCD array. The Specification of the ’545 patent unfortunately does not shed much light onto the meaning of “light-shutter matrix system,” as it largely contains the same language as the claims. In the exemplary embodiment depicted in Figure 1, light passes through red/green/blue filters 112-114 and then through “three monochrome LCD arrays 117, 118, and 119” of LCD unit 120. Id. at col. 2, l. 65-col. 3, l. 7. The three light beams are combined into a single beam and projected onto a surface. Id. at col. 3, ll. 4-12. Video controller 122 receives a “video signal” and “controls” monochrome LCD arrays 117-119. Id. at col. 3, ll. 13-20. The Specification does not describe in detail how the LCD arrays are operated or how they are controlled. It also makes clear that the invention is not limited to the use of LCD arrays. Case IPR2013-00029 Patent 5,632,545 10 See id. at col. 4, ll. 2-3 (“there are many ways to implement light shutter devices besides LCD’s”). The parties do not argue that “light-shutter matrix system” as a whole is a term of art. As we did in the Decision on Institution, we look for guidance to how a skilled artisan would have understood the individual terms “light-shutter” and “matrix.” See Dec. on Inst. 7-8. “Shutter” is defined as a “mechanical device that limits the passage of light; esp[ecially]: a camera attachment that exposes the film or plate by opening and closing an aperture.” MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY 1084 (10th ed. 1993) (Ex. 3001). An LCD is an example of something that limits the passage of light. See S.W. AMOS ET AL., NEWNES DICTIONARY OF ELECTRONICS 186 (4th ed. 1999) (Ex. 3002) (“One way in which the applied voltage controls the light transmission of the device is by varying the light scattering in the liquid which is specially chosen because of its long-molecule construction.”). “Matrix” is defined as “something resembling a mathematical matrix esp[ecially] in rectangular arrangement of elements into rows and columns.” Ex. 3001 at 716. IV does not dispute that “shutter” and “matrix” should be given their ordinary meanings, but argues that the dictionary definitions referenced above are not the correct ones to use. PO Resp. 9-10, 12-13. As to the term “shutter,” IV argues that the Board was inconsistent in disregarding the definition IV submitted with its preliminary response—“a mechanical device of a camera that opens and closes to control the duration of exposure of a plate or film to light” (Ex. 2001 at 1264)—based on its reference to a camera, when the dictionary definition cited by the Board (Ex. 3001 at 1084) also applies to cameras. PO Resp. 9-10; see Dec. on Inst. 8-9. There is an Case IPR2013-00029 Patent 5,632,545 11 important difference between IV’s definition and the definition cited above, however. IV’s dictionary defines a shutter as part “of a camera.” Ex. 2001 at 1264. The definition cited above, by contrast, provides a general meaning and then, by using the word “esp[ecially],” gives an example pertaining to a camera. Thus, the general definition cited above is the appropriate one to use given the technology of the ’545 patent, which does not involve cameras. Moreover, although the above dictionary definition is broader than IV’s dictionary definition, we must determine the broadest reasonable interpretation in light of the Specification, and we are not persuaded by IV’s arguments that the definition cited above is unreasonable. As to the term “matrix,” IV provides the following dictionary definitions: “[a] rectangular array of numeric or algebraic quantities subject to mathematical operations,” and “[s]omething resembling such an array, as in the regular formation of elements into columns and rows.” Id. at 838. IV contends that, based on this definition, a “matrix” is merely a two-dimensional array (i.e., rows and columns), and need not be in a “rectangular” form specifically. PO Resp. 12-13. We agree that IV’s dictionary definition of “matrix” is the appropriate one under the circumstances, particularly because the dictionary definition cited above recites a “rectangular” arrangement as an example, not a requirement. See Ex. 3001 at 716. Thus, we are persuaded to modify our interpretation to eliminate any requirement of a “rectangular” shape. Finally, IV argues that the Board’s interpretation in the Decision on Institution is incorrect because liquid crystals have many different optical properties, such that not every liquid crystal layer or LCD can be considered a light shutter. PO Resp. 10-12. We agree in part. Dependent claim 2 and Case IPR2013-00029 Patent 5,632,545 12 the Specification of the ’545 patent indicate that a monochrome LCD array is an example of a light-shutter matrix. See Ex. 1001, col. 2, l. 65-col. 3, l. 7. IV is correct, though, that the LCD array must still be used as a shutter (i.e., used to limit the passage of light) and not for some other optical effect. Thus, we are persuaded to modify our interpretation to state that the device selectively limits the passage of light, rather than being merely capable of doing so. Applying the broadest reasonable interpretation of the claims in light of the Specification, we interpret “light-shutter matrix system” to mean a set of matrices, such as monochrome LCD arrays, where each matrix comprises a two-dimensional array of elements that selectively limit the passage of light. 3. “Equivalent Switching Matrices” Claim 1 recites that the light-shutter matrix system comprises “a number of equivalent switching matrices equal to the number of beams and placed one each in the beam paths.” We did not interpret “equivalent switching matrices” in the Decision on Institution. However, in related Case IPR2013-00112 involving U.S. Patent No. 5,779,334 (“the ’334 patent”), a continuation-in-part of the ’545 patent, we interpreted the phrase in similar claims to mean switching matrices that are corresponding or virtually identical in effect or function. IPR2013-00112, Paper 14 at 12. IV argues that “equivalent switching matrices” should be interpreted to mean “switching matrices that are virtually identical in effect or function.” PO Resp. 15-16. In support of its interpretation, IV cites a dictionary definition of “equivalent” as “corresponding or virtually identical Case IPR2013-00029 Patent 5,632,545 13 esp[ecially] in effect or function.” Id. (citing Ex. 1017 at 392-93). We agree with IV that “equivalent” in claim 1 should be given its ordinary and customary meaning, and that the dictionary definition of “equivalent” is indicative of that meaning. We also note that the dictionary definition is consistent with the Specification of the ’545 patent, which describes “three monochrome LCD arrays 117, 118, and 119” for the colors red, green, and blue. See Ex. 1001, col. 2, l. 65-col. 3, l. 1. IV’s proposed interpretation, however, omits the word “corresponding” from the dictionary definition. Applying the broadest reasonable interpretation of the claims in light of the Specification, we interpret “equivalent switching matrices” to mean switching matrices that are corresponding or virtually identical in effect or function. 4. “Video Controller Adapted for Controlling the Light-Shutter Matrices” Claim 1 recites a “video controller adapted for controlling the light-shutter matrices.” In the Decision on Institution, we interpreted the phrase to mean a component that controls light-shutter matrices to facilitate the display of video. Dec. on Inst. 9-10. IV argues that the Board’s interpretation is too broad in view of the Specification of the ’545 patent, which provides: “A video signal for the system is delivered from outside via link 125 into a controller 122. . . . Controller 122 controls the three monochrome matrices 117, 118, and 119.” PO Resp. 13-14 (citing Ex. 1001, col. 3, ll. 13-18) (emphasis omitted). We disagree. The portion of the Specification cited by IV describes an exemplary embodiment of the invention and does not define explicitly the phrase “video controller adapted for controlling the light-shutter matrices.” See Ex. 1001, col. 2, ll. 16-18. Case IPR2013-00029 Patent 5,632,545 14 Indeed, the Specification states that “[t]here are many ways adequate controllers may be implemented.” Id. at col. 4, ll. 5-6. The claims also do not recite a “video signal,” and we see no basis to import a “video signal” requirement into the claims based on the exemplary embodiment’s use of a video signal. Applying the broadest reasonable interpretation of the claims in light of the Specification, we interpret “video controller adapted for controlling the light-shutter matrices” to mean a component that controls light-shutter matrices to facilitate the display of video. B. Claims 1-3 are Unpatentable Over Flasck With respect to the alleged obviousness of claims 1-3 over Flasck, we have reviewed Xilinx’s Petition, IV’s Patent Owner Response, and Xilinx’s Reply, as well as the evidence discussed in each of those papers. We are persuaded, by a preponderance of the evidence, that claims 1-3 are unpatentable over Flasck under 35 U.S.C. § 103(a). See Pet. 12-23; Ex. 1006 ¶¶ 17-30. 1. Flasck Flasck discloses a projection system comprising three “reflective image plane modules,” where each module “operates on a single color component, red, green or blue.” Ex. 1002, col. 2, ll. 57-64. The color components are “combined on a screen or before projecting on the screen to form the full color projection image.” Id. Case IPR2013-00029 Patent 5,632,545 15 Figure 11 of Flasck is reproduced below. As shown in Figure 11, three light sources 144/146/148 transmit light through blue, green, and red filters 124/126/128, respectively. Id. at col. 7, ll. 60-66. Electronic interface 118 provides information to reflective image plane modules 92/104/112, which encode information onto the light beams. Id. at col. 5, ll. 9-16; col. 7, ll. 32-34. Combining prism 150 then combines the light beams into one encoded beam, which passes through lens system 154 and is projected onto screen 98. Id. at col. 7, l. 66-col. 8, l. 5. Case IPR2013-00029 Patent 5,632,545 16 Figure 2C of Flasck, reproduced below, depicts a side view of the reflective image plane modules. As shown in Figure 2C, incoming light passes through aperture 42 of mirrored wall 40, passes through wafer based active matrix 46, reflects off of back wall 44, reflects again off of back surface 48 of mirrored wall 40, and is directed to projection lens 50 for projection onto a screen (not shown). Id. at col. 5, ll. 9-43. Flasck describes wafer based active matrix 46 as follows: The light has the information imparted to or encoded on it by the wafer based active matrix 46 as it is reflected from the wafer based active matrix 46. . . . The wafer based active matrix 46 is a wafer based active matrix having a specular reflective back surface to reflect light therefrom. The wafer based active matrix is covered by an LCD or similar characteristic material, such as an electrophoretic material. Id. at col. 5, ll. 14-25. Case IPR2013-00029 Patent 5,632,545 17 2. Analysis There is no dispute that Flasck teaches the majority of the limitations of claim 1. For example, Flasck teaches “individual light sources” (light sources 144/146/148), a “lens system” (lenses 34/36/50), and “color filters” (filters 124/126/128). See Pet. 13-15. IV argues that Flasck fails to teach or suggest three limitations of claim 1: a “video projector system,” a “light-shutter matrix system,” and a “video controller adapted for controlling the light-shutter matrices.” PO Resp. 16-36. IV does not argue that Flasck fails to teach or suggest the additional limitations of dependent claims 2 and 3. a. Video Projector System IV contends that Flasck’s projection system is not a “video projector system” because it is not described explicitly as projecting “video” and is not capable of operating at video speeds (i.e., projecting images that change fast enough to be undetectable by the human eye). PO Resp. 16-25. IV’s argument is not persuasive because, as explained above, we do not interpret the preamble of claim 1 to be limiting. See supra Section II.A.1. To the extent IV’s argument applies to the “video” display on a projection surface recited in the body of the claim, we also do not agree. Flasck refers repeatedly to “video” projection in its discussion of the prior art, and is addressed to a purported improvement on that video projection art. See, e.g., Ex. 1002, col. 2, ll. 24-38; col. 4, ll. 6-43. For instance, in discussing the prior art, Flasck describes a “video or computer signal source” provided to a “video drive circuit,” which sends drive signals, such as “red video, blue video, [and] green video,” to an LCD. Id. at col. 4, Case IPR2013-00029 Patent 5,632,545 18 ll. 6-21. Further, electronic interface 118 in Flasck, which provides information encoding to reflective image plane modules 92/104/112, is labeled as “TV or Computer Interface Electronics” in Figure 9. Id. at col. 7, ll. 32-34; Fig. 9. Although Flasck does not describe the particular content of the “information encoding” provided by electronic interface 118, a person of ordinary skill in the art would have understood from the “TV or Computer Interface Electronics” label that the system was meant to be used with an incoming television signal, which is a type of video signal. Indeed, IV’s declarant, Robert Smith-Gillespie, testified that he would have understood the “TV or Computer Interface Electronics” label in Flasck to mean “a connector and some electronics to accept a . . . video signal.” Ex. 1014 at 155:1-20. Thus, a person of ordinary skill in the art would have understood the Flasck projection system to provide a “video” display. IV cites another patent, U.S. Patent No. 5,537,436 (Ex. 2009) (“Bottoms”), as evidence that “cables and other connections that were commonly called TV interfaces at the time of Flasck were not exclusively used for video.” PO Resp. 18-19. The portion of Bottoms cited by IV, however, describes a particular type of system for integrated telephone, data, and video communication using a telephone cord connection to a television, where “only sequences of still pictures can be transmitted to the television” due to the low bandwidth of the telephone cord. See Ex. 2009, col. 16, ll. 10-25. We do not see any indication that Flasck operated in a similar manner to the Bottoms system and, therefore, do not view Bottoms as indicative of how a person of ordinary skill in the art would have understood the “TV or Computer Interface Electronics” label in Flasck. Also, the fact that some systems of the time were not capable of operating at video speeds Case IPR2013-00029 Patent 5,632,545 19 does not mean that a person of ordinary skill would not have understood Flasck to project video. IV’s argument that Flasck’s projection system would not have been capable of operating at video speeds also is not persuasive. Flasck discloses a “wafer based active matrix . . . covered by an LCD or similar characteristic material, such as an electrophoretic material,” where “[o]ne preferable LCD material is a solid light modulating material having bodies of LC [liquid crystal] material suspended therein.” Ex. 1002, col. 5, ll. 22-28. IV argues that the “solid light modulating material having bodies of LC material suspended therein” in Flasck refers to polymer dispersed liquid crystal (PDLC), and that the response time for PDLC-based devices of the time would have been too slow for video. PO Resp. 23-24. As support, IV cites another patent, U.S. Patent No. 5,170,271 (Ex. 2011) (“Lackner”), filed in 1991, describing various PDLC research papers of the time, including one pertaining to a PDLC device with a “5-10 ms on-time and 1.5-3 seconds off-time,” resulting in a “frame time (on-time plus off-time) [that] is very slow compared to a dynamic television image frame time of less than 33 ms.” See Ex. 2011, col. 1, l. 62-col. 2, l. 11. As Xilinx points out, however, other papers cited in Lackner describe much lower switching times, and demonstrate that television signals could have been displayed using active matrix PDLC technology of the time. See Pet. Reply 8-9; Ex. 2011, col. 2, 39-52 (“Three active matrix cells were used for red, blue and green channels of full color projection TV.”); col. 2, ll. 53-65 (citing a paper entitled “A Frame-Sequential Color-TV Projection Display”). Mr. Smith-Gillespie, IV’s declarant, also acknowledged that, based on Lackner’s description of the other papers, it was possible at the Case IPR2013-00029 Patent 5,632,545 20 time to use PDLC in a video display system “[a]t least in the lab.” Ex. 1014 at 150:18-152:4. Thus, we are not persuaded by IV’s argument that Flasck’s system, using a PDLC, was incapable of operating at video speeds. We are persuaded, by a preponderance of the evidence, that Flasck teaches a system that projects on a surface to provide a “video” display. 1 b. Light-Shutter Matrix System Xilinx identifies the combination of reflective image plane modules 92/104/112 in Flasck as a “light-shutter matrix system.” Pet. 15. According to Xilinx, the combination comprises light-shutter matrices because each reflective image plane module has a wafer based active matrix that encodes information onto the light beam. Id.; see Ex. 1002, col. 5, ll. 14-26 (“[t]he wafer based active matrix is covered by an LCD or similar characteristic material”). Based on its proposed interpretation of “light-shutter matrix system,” IV argues that a light shutter is an element that selectively admits and blocks light through absorption. PO Resp. 30-33. According to IV, a device like the one disclosed in Flasck, which reflects or scatters incoming light, does not block light through absorption. Id.; see Ex. 2005 ¶ 16. As support, IV cites U.S. Patent No. 6,266,037 B1 (Ex. 2012) (“Flasck II”), 2 which 1 We also note that the same analysis applies even if the “video projector system” preamble of claim 1 were interpreted as IV suggests. Thus, regardless of whether the claim requires a “video projector system” or providing a “video” display, Flasck teaches the projection of video. 2 Flasck II is a continuation of U.S. Patent Application No. 08/023,475, which is a continuation of U.S. Patent Application No. 07/392,859, which is incorporated by reference in Flasck. See Ex. 1002, col. 5, ll. 16-20. Case IPR2013-00029 Patent 5,632,545 21 describes Flasck’s wafer based active matrix in greater detail. PO Resp. 32-33. Figure 4 of Flasck II is reproduced below. Figure 4 depicts the structure for an individual pixel in the wafer based active matrix, including glass layer 56, activating electrical contact layer 54, LCD material layer 52, reflector 50, capacitor 48, and substrate segment 32. Ex. 2012, col. 5, ll. 28-58. Flasck II describes the operation of the wafer based active matrix as follows: When utilizing the PDLC material 52, the refractive index of the LC material matches the index of the polymer matrix when the pixel 44 is activated. When the indexes are matched, very little light is scattered and most of the light is reflected off the reflector 50 back out of the pixel 44 and hence the wafer based active matrix 30. When a field is not present on the layer 52, the indexes do not match and most of the light is scattered. The light is still reflected or scattered out of the pixel 44 and hence the wafer based active matrix 30, but the light is dispersed resulting in a black or off pixel when projected. Since the scattering is proportional to the field applied to the pixel 44, a gray scale can be obtained by utilizing a range of voltages. Id. at col. 5, l. 65-col. 6, l. 10 (emphases added). According to IV, based on the additional detail provided by Flasck II, the light entering the reflective image plane modules in Flasck is reflected or scattered, not blocked, and, therefore, the reflective image plane modules do not constitute a “light-shutter matrix system.” Case IPR2013-00029 Patent 5,632,545 22 As explained above, we do not agree with IV’s proposed interpretation and instead interpret “light-shutter matrix system” to mean a set of matrices, such as monochrome LCD arrays, where each matrix comprises a two-dimensional array of elements that selectively limit the passage of light. See supra Section II.A.2. We do not interpret the claims as requiring absorption. Nor do we see any reason why the reflection and scattering in Flasck does not constitute limiting the passage of light. We find Dr. Buckman’s testimony regarding the operation of Flasck persuasive on this point: Light enters the pixel from the top, passing through the transparent glass and electrical contact layers. If the pixel is activated by a charge in capacitor 48, then the light passes through the liquid crystal layer, reflects off the reflective layer, and passes back through the LCD, electrical contact, and glass layers. If the pixel is deactivated (i.e., if capacitor 48 does not have a charge), then the LCD layer scatters the light (i.e., it blocks the light from traveling along its original destination pathway by redirecting it into other directions). Ex. 1013 ¶ 23 (citations omitted). Light at “on” pixels in the reflective LCD arrangement of Flasck passes through the LCD material and reflects off of the back reflector and out of the pixel, whereas light at “off” pixels is scattered. In both the reflective LCD arrangement of Flasck and the transmissive LCD arrangement described in the Specification of the ’545 patent, light at certain pixels is prevented from continuing in its original direction. Therefore, we are persuaded that the wafer based active matrices in Flasck selectively limit the passage of light, and are light-shutter matrices. IV also argues that Flasck teaches away from a “light-shutter matrix system.” PO Resp. 25-30 (citing Ex. 2005 ¶¶ 28-31). IV points to Flasck’s description of a prior art transmissive LCD projection system developed by Case IPR2013-00029 Patent 5,632,545 23 Seiko Epson Corp. Id. Flasck discloses that in that system, three LCD panels, each with a polarizer on either side of LC material, were “utilized as a shutter to absorb the light not to be transmitted,” such that “[b]oth the polarizers and the LC material absorb light which generates heat, which is deleterious to the LCD panel.” Ex. 1002, col. 4, ll. 25-38. The use of polarizers and LC material also resulted in “low brightness because of the amount of light absorbed.” Id. at col. 4, ll. 38-43. Therefore, according to IV, Flasck discloses disadvantages to using light shutters and teaches away from the use of a “light-shutter matrix system,” as recited in claim 1. PO Resp. 25-30. IV’s argument is not persuasive. “A reference may be said to teach away when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out in the reference, or would be led in a direction divergent from the path that was taken by the applicant.” In re Gurley, 27 F.3d 551, 553 (Fed. Cir. 1994). As explained above, we do not interpret “light-shutter matrix system” to require light absorption, and conclude that Flasck’s wafer based active matrix embodiment is a “light-shutter matrix system” as properly interpreted. Thus, there is no need to modify Flasck or combine it with any other teaching to achieve a “light-shutter matrix system,” as the reference already teaches the limitation and does not discourage its use. Further, Flasck’s disclosed embodiment is meant to solve heat and brightness problems associated with prior art transmissive LCD projection systems. We are not persuaded that Flasck’s description of systems with those problems amounts to teaching away from the subsequently disclosed solution. Case IPR2013-00029 Patent 5,632,545 24 We are persuaded, by a preponderance of the evidence, that Flasck teaches a “light-shutter matrix system,” as recited in claim 1. c. Video Controller Adapted for Controlling the Light-Shutter Matrices As stated in the Decision on Institution, Flasck does not disclose, expressly or inherently, a “video controller adapted for controlling . . . light-shutter matrices.” Dec. on Inst. 14-15. Xilinx, however, contends that the limitation would have been obvious based on Flasck’s disclosure of a prior art projection system. Pet. 19-21. In describing the prior art projection system depicted in Figure 1, Flasck discloses a “video or computer signal source” coupled to “video drive circuit 20,” which “generates the required drive signals coupled over a line 22 to the LCD 16.” Ex. 1002, col. 4, ll. 9-14. The “drive signals cause the pixels of the LCD 16 to block or transmit light to impart the required information onto the light transmitted through the LCD 16.” Id. at col. 4, ll. 17-21 (emphasis added). Xilinx’s position is that a person of ordinary skill in the art would have viewed the use of such a video drive circuit in the location of electronic interface 118 (“TV or Computer Interface Electronics”) as the “predictable use of prior[] art elements according to their established functions.” Pet. 20-21. Given the similarities in function between video drive circuit 20, which provides drive signals to drive an LCD, and electronic interface 118, which provides “information encoding” to the reflective image plane modules (containing an LCD material), we are persuaded by Xilinx’s analysis. IV argues that Flasck teaches away from the use of a “light-shutter matrix system” and, therefore, does not teach or suggest a video controller adapted for “controlling the light-shutter matrices,” as recited in claim 1. Case IPR2013-00029 Patent 5,632,545 25 PO Resp. 34-36. According to IV, incorporating a video controller into the location of electronic interface 118 would have been unpredictable and improbable given Flasck’s teachings. Id. As explained above, we are persuaded that Flasck teaches a “light-shutter matrix system,” and does not teach away from such a system. Thus, IV’s argument regarding a video controller “controlling the light-shutter matrices” is unpersuasive. We are persuaded, by a preponderance of the evidence, that Flasck would have suggested to a person of ordinary skill in the art to use a “video controller adapted for controlling the light-shutter matrices” to control the disclosed reflective image plane modules to facilitate the display of video, and that claim 1 would have been obvious over Flasck. d. Conclusion Based on the record evidence, in light of the arguments presented, Xilinx has shown, by a preponderance of the evidence, that claim 1, as well as claims 2 and 3 depending therefrom, would have been obvious over Flasck. C. Claims 1-3 are Unpatentable Over Takanashi and Lee With respect to the alleged obviousness of claims 1-3 over Takanashi and Lee, we have reviewed Xilinx’s Petition, IV’s Patent Owner Response, and Xilinx’s Reply, as well as the evidence discussed in each of those papers. We are persuaded, by a preponderance of the evidence, that claims 1-3 are unpatentable over Takanashi and Lee under 35 U.S.C. § 103(a). See Pet. 23-30; Ex. 1006 ¶¶ 31-44, 49-58. Case IPR2013-00029 Patent 5,632,545 26 1. Takanashi Takanashi discloses a “spatial light modulator and a display unit in which the spatial light modulator is applied.” Ex. 1003, col. 1, ll. 8-10. Figure 17 of Takanashi is reproduced below. As shown in Figure 17, light source LS emits light, which is linearly polarized by polarizer PL1 and separated into red, green, and blue components by three-color separation optical system 11. Id. at col. 16, ll. 1-14. Each respective light beam then passes through a liquid crystal element (e.g., ECBtr for red light), polarizer (e.g., PL2r for red light), and spatial light modulator element (e.g., SLMtr for red light), which “modulate[s]” the respective light beam through the use of incoming “write light WL.” Id. at col. 16, ll. 6-28; col. 1, l. 18-col. 5, l. 25; Figs. 1-3. The light beams then are recombined by three-color combination optical system 12, and the combined light passes through another polarizer PL3 and projection lens PJL, which projects the combined light onto a screen (not shown). Id. at col. 16, ll. 29-42. Case IPR2013-00029 Patent 5,632,545 27 Takanashi discloses a particular projection system using spatial light modulators and prisms, as shown in Figure 16 reproduced below. In Figure 16, light emitted by light source LS is incident on dichroic prism DP, which separates the light into red, green, and blue components before being transmitted to the ECB, PL, and SLM elements. Id. at col. 15, ll. 30-43. For example, green light “is transmitted through the liquid crystal element ECBtg and the polarizer PLg and [is] incident on the modulator element SLMrg.” Id. 2. Lee Lee discloses a “projection color liquid crystal display (LCD) system us[ing] a large reflecting liquid crystal (LC) panel as a screen.” Ex. 1004, Abstract. Case IPR2013-00029 Patent 5,632,545 28 Figure 2 of Lee is reproduced below. Figure 2 depicts an LCD projection system comprising white light sources 26, focusing lenses 15R/G/B, red/green/blue color filters 28R/G/B, light shutters 14R/G/B, diffusing lenses 12R/G/B, and LC panel 11. Id. at col. 3, l. 14-col. 4, l. 26. The system is controlled by a number of components. Lamp voltage controlling circuit 18 controls the intensity of the light emitted by light sources 26. Id. at col. 3, ll. 14-19. Light shutter controlling circuit 19 “successively permits a respective unicolor light beam connected to a respective light shutter 14R, 14G, 14B to pass therethrough during the frequency of 1/3,” and prevents the light beam from passing through during the other 2/3 of the time. Id. at col. 3, ll. 27-33. LC panel 11 is controlled by frame inducing circuit 22, image controlling circuit 21, and LCD driver 20 in the following manner: The LC panel 11 is successively connected to a liquid crystal display LCD driver 20 to drive the panel; an image controlling circuit 21 to supply a driving signal based on a color information of respective color with the driver 20; and a frame Case IPR2013-00029 Patent 5,632,545 29 inducing circuit 22 to induce the respective light shutter 14R, 14G, 14B and image controlling circuit 21. Id. at col. 3, ll. 46-52. Red, green, and blue light beams are successively projected through light shutters 14R/G/B, and successively reflected from LC panel 11 according to a “color driving signal” supplied by image controlling circuit 21 and used by LCD driver 20 to drive LC panel 11. Id. at col. 3, ll. 53-61. The light beams are projected and reflected so quickly that a person viewing LC panel 11 sees a composite image rather than successive colors. Id. at col. 3, ll. 62-66. 3. Analysis Xilinx relies on Takanashi as allegedly teaching the “light-shutter matrix system” and “optical combination system” limitations of claim 1, and relies on Lee as allegedly teaching the remaining limitations. Pet. 23-28. There is no dispute that Takanashi and Lee teach the majority of the limitations of claim 1. For example, Lee teaches “individual light sources” (white light sources 26), a “lens system” (focusing lenses 15R/G/B), and “color filters” (filters 28R/G/B). See id. at 24-26. IV argues that Takanashi and Lee fail to teach or suggest three limitations of claim 1: a “light-shutter matrix system,” “equivalent switching matrices,” and a “video controller adapted for controlling the light-shutter matrices.” PO Resp. 36-49. IV does not argue that Takanashi and Lee fail to teach or suggest the additional limitations of dependent claims 2 and 3. a. Light-Shutter Matrix System Xilinx identifies “Takanashi’s combination of ECB elements, polarizers PL2, and the SLM elements” as a “light-shutter matrix system.” Case IPR2013-00029 Patent 5,632,545 30 Pet. 24, 26-27. Specifically, Xilinx contends that the ECBtr, PL2r, and SLMtr components shown in Figure 17 above are a switching matrix used to process the red beam of light, and the corresponding components are switching matrices for the green and blue light beams. Id. (citing Ex. 1006 ¶¶ 42-44). IV argues that Takanashi lacks the “matrix” aspect of a “light-shutter matrix system.” PO Resp. 37-39. IV contends that the spatial light modulator SLM is not a “matrix” in the form of rows and columns because it is a continuous layer of material, citing Takanashi’s disclosure that the SLM is “formed as an element.” Id. at 38-39 (citing Ex. 1003, col. 2, ll. 33-44). IV further argues that, even though Takanashi discloses projecting a two-dimensional color image, a continuous layer of optical material, such as a “film frame” or “overhead projector sheet with writing,” can produce a two-dimensional image despite not being in “matrix” form. Id. at 37-38; see Ex. 1003, col. 16, ll. 38-42; Figs. 17, 20. Xilinx responds with testimony from Dr. Buckman comparing the “optically-addressed” spatial light modulator (OASLM) of Takanashi with an “electrically-addressed” spatial light modulator (EASLM), such as an LCD array of the type disclosed in the Specification of the ’545 patent. See Pet. Reply 12-13 (citing Ex. 1013 ¶¶ 27-33). An OASLM uses a read light and a write light. Ex. 1013 ¶¶ 27-28. The write light is directed at a photosensitive material in the SLM, which creates an electric charge that changes the state of the adjacent liquid crystal layer. Id. An image is created by shining the write light at some points and not others. Id. The read light passes through or reflects off of the SLM, taking on the same image as the write light by virtue of the liquid crystal layer. Id. Similarly, in Case IPR2013-00029 Patent 5,632,545 31 an EASLM, an electric charge is created at particular points by electric circuitry (e.g., transistors and capacitors) adjacent to the liquid crystal layer. Id. ¶ 28. Dr. Buckman’s testimony is supported by textbook descriptions of OASLMs and LCDs (an example of an EASLM), and we find it persuasive. See Ex. 1016 at 310-31; Ex. 3002 at 186. We are not persuaded by IV’s argument that the SLM in Takanashi is not a “matrix” because it has a continuous liquid crystal layer. See PO Resp. 37-39. Mr. Smith-Gillespie acknowledged during his deposition that the LCD arrays in the Specification of the ’545 patent have continuous liquid crystal layers. Ex. 1015 at 174:4-11. In both the LCD array of the exemplary embodiment of the ’545 patent and the OASLM described in Takanashi, the “light-shutter” (i.e., what actually limits the passage of light) is the liquid crystal layer itself, and the liquid crystal layer operates the same way by changing state in response to an electric charge. Only the mechanism for encoding the image is different—in the LCD array, the charge image is created by the electric circuitry, whereas in Takanashi, the charge image is created by the write light hitting the photosensitive material. Thus, the fact that Takanashi has a continuous liquid crystal layer is immaterial. What matters is whether that layer, like the layer in the LCD array of the ’545 patent, is configured as a “matrix” (i.e., a two-dimensional array) of elements that selectively limit the passage of light. We conclude, by a preponderance of the evidence, that a person of ordinary skill in the art would have understood the SLM in Takanashi to be configured as a “matrix.” Takanashi discloses a two-dimensional “color image of the object of display” projected onto a screen, but does not state explicitly that its input write light is in the form of a two-dimensional array. Case IPR2013-00029 Patent 5,632,545 32 See Ex. 1003, col. 16, ll. 38-42; Figs. 17, 20. According to Dr. Buckman, the reason for this is that an SLM “was a commonly-known device . . . in the early 1990s.” Ex. 1013 ¶ 27. Dr. Buckman states that typical OASLMs create images by “organizing the continuous liquid crystal layer into a pixelated matrix of rows and columns” where each pixel “permits or limits the passage of light according to the electric field near that location.” Id. ¶ 29. Dr. Buckman further testifies that using a cathode ray tube (CRT) was one known way of providing a write light with an OASLM, and that the write light for an OASLM would “usually” be from a CRT. Id. ¶¶ 29-32. A CRT shines a moving light beam at an OASLM to create an image made up of individual pixels in rows and columns. Id. ¶ 30. Dr. Buckman’s testimony regarding the operation of OASLMs and CRTs is supported by two textbooks, and we find it persuasive. See id. ¶¶ 30-31; Ex. 1016 at 331 (OASLMs used with CRTs), 552-55; Ex. 1019 at 24-25 (CRT scan addressing). We are persuaded that a person of ordinary skill in the art, reading the OASLM disclosure of Takanashi and being aware of how OASLMs typically operated, would have understood that the write light in Takanashi is pixelated (i.e., organized into rows and columns). Shining such a write light at the OASLM in Takanashi configures the continuous liquid crystal layer into a “matrix” of elements that selectively limit the passage of light, just as the circuitry in an EASLM configures a continuous liquid crystal layer into a “matrix” of elements. Takanashi, therefore, teaches the “matrix” aspect of the “light-shutter matrix system” recited in claim 1. IV also argues that Takanashi’s system cannot be considered a “light-shutter” because, as described in Takanashi, the combinations of Case IPR2013-00029 Patent 5,632,545 33 ECB, PL2, and SLM elements each form a “wavelength selection filter.” PO Resp. 39 (citing Ex. 1003, col. 9, ll. 44-49). IV does not elaborate on this argument or explain sufficiently why Takanashi’s system is not a “light-shutter” under the Board’s interpretation. Regardless, we are persuaded for the above reasons that the OASLM liquid crystal layer in Takanashi limits the passage of light (similar to an EASLM liquid crystal layer that limits the passage of light). We are persuaded, by a preponderance of the evidence, that Takanashi and Lee teach a “light-shutter matrix system,” as recited in claim 1. b. Equivalent Switching Matrices IV argues that Takanashi does not teach a light-shutter matrix system comprising “equivalent switching matrices.” PO Resp. 46-49. IV asserts that each of the combinations of ECB, PL2, and SLM elements in Takanashi is a particular “kind” of wavelength selection filter that “passes only specific monochromatic light.” Id. at 46-47 (citing Ex. 1003, col. 18, ll. 34-44). According to IV, this type of filter system is different from the “triple monochrome LCD structure” disclosed in the Specification of the ’545 patent and does not provide the same advantages, such as increased brightness and quality at reduced cost. Id. at 47-49. IV contends that Xilinx fails to address how Takanashi provides those advantages. Id. at 48. We first note that none of the purported advantages described in the Specification of the ’545 patent are required by the claims. Claim 1 merely requires that the light-shutter matrix system be made up of “equivalent switching matrices,” which we interpret to mean switching matrices that are Case IPR2013-00029 Patent 5,632,545 34 corresponding or virtually identical in effect or function. See supra Section II.A.3. Further, IV is correct that each combination of elements in Takanashi passes only light of a particular color (red, green, or blue), see, e.g., Ex. 1003, col. 18, ll. 35-44, but that does not mean that the elements are not corresponding or virtually identical in effect or function. The SLMs are referenced in Takanashi with the same abbreviation (e.g., “SLMrr,” “SLMrg,” and “SLMrb” in Figure 16), and each uses a write light to encode an image onto a read light. See id. at col. 15, l. 22-col. 16, l. 42; Figs. 16, 17. There does not appear to be—and IV does not point to—any difference between the devices apart from the difference in light color. We are persuaded that the combinations of elements are “virtually identical” or, at minimum, “corresponding.” Importantly, claim 1 does not require that the matrices be identical, just that they be “equivalent.” IV’s position requires them to be identical. Further, as Xilinx points out, Mr. Smith-Gillespie acknowledged that the distinction made in the Specification of the ’545 patent was between a triple monochrome LCD structure and a color AM-LCD, not between a triple monochrome LCD structure and an OASLM of the type described in Takanashi. See Pet. Reply 15; Ex. 1015 at 219:23-222:15 (referring to Ex. 1020 ¶ 28). Thus, IV’s purported distinction in terms of functionality and advantages is incorrect. We are persuaded, by a preponderance of the evidence, that Takanashi and Lee teach “equivalent switching matrices,” as recited in claim 1. Case IPR2013-00029 Patent 5,632,545 35 c. Video Controller Adapted for Controlling the Light-Shutter Matrices IV argues that Takanashi and Lee do not teach a “video controller adapted for controlling the light-shutter matrices,” as recited in claim 1. PO Resp. 40-46. Before analyzing whether the limitation is taught by the references, we summarize the history of the parties’ arguments. In its Petition, Xilinx argued that, although Takanashi does not describe explicitly how it controls the light-shutter matrices to encode an image, video controllers controlling light-shutter matrices were well-known in the art at the time. Pet. 27. Xilinx then cited light shutter controlling circuit 19 in Lee as a “video controller,” and argued that incorporating it into the system of Takanashi would have been an obvious modification. Id. During his subsequent deposition, Dr. Buckman testified that light shutter controlling circuit 19 controls light shutters 14R/G/B as a “color wheel,” successively allowing red, green, and blue light to pass through, each 1/3 of the time. Ex. 2004 at 23:25-24:14. Dr. Buckman testified that a color wheel controller is not a “video controller.” Id. at 25:6-10. IV then filed its Patent Owner Response, arguing that light shutter controlling circuit 19 is not a “video controller” based on Dr. Buckman’s admission, and that it would not have been obvious to combine the two references because Takanashi uses a write light signal and Lee uses electronic signals. PO Resp. 40-46. In its Reply, Xilinx admitted that Dr. Buckman was mistaken in his original declaration, and argued that “[t]he actual video controller in Lee is the LCD driver 20 and the image controlling circuit 21.” Pet. Reply 14. Xilinx also served, with its Reply, a reply declaration from Dr. Buckman where he testified that “[c]ircuit 20 in Lee is one example of a video Case IPR2013-00029 Patent 5,632,545 36 controller.” Ex. 1013 ¶ 35. IV then deposed Dr. Buckman again and questioned him about the various components in Lee. See Ex. 2016 at 6:23-20:19. 3 At the oral hearing, IV argued that it would be prejudiced if Xilinx is permitted to change its position regarding what it alleges to be the “video controller” in Lee because IV had no opportunity to respond after Xilinx’s Reply. See, e.g., Tr. 34:12-36:14, 50:23-51:8. As an initial matter, we are cognizant of the fact that Dr. Buckman’s opinion regarding what he believed to be a “video controller” in Lee changed from the time of the Petition (on which the Board instituted a trial) to his deposition. Under the circumstances, Dr. Buckman’s changed opinion goes to his weight and credibility, and we give his testimony on the issue little weight. Nevertheless, the Board’s mandate in an inter partes review is to “issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner.” 35 U.S.C. § 318(a). We do so based on the entire record before us. Thus, we must determine based on the existing record whether claim 1 is patentable over Takanashi and Lee, which includes an inquiry into whether the references teach the “video controller” limitation. After reviewing the entirety of the record, we are persuaded, by a preponderance of the evidence, that Takanashi and Lee teach a “video controller adapted for controlling the light-shutter matrices,” as recited in claim 1. As explained above, we interpret the phrase to mean a component 3 It appears that IV filed an exhibit list as numbered Exhibit 34, and filed Exhibits 2014-2016 as numbered Exhibits 35-37. Exhibits 2014-2016 will be renumbered, and Exhibit 34 will be renumbered as Exhibit 2017. Case IPR2013-00029 Patent 5,632,545 37 that controls light-shutter matrices to facilitate the display of video. See supra Section II.A.4. Lee discloses that image controlling circuit 21 “suppl[ies] a driving signal based on a color information of respective color with the driver 20,” and “LC panel 11 is successively connected to . . . LCD driver 20 to drive the panel.” Ex. 1004, col. 3, ll. 46-52. Thus, Lee teaches that LCD driver 20 and image controlling circuit 21 control LC panel 11 and cause it to display video. As to the combination of Takanashi and Lee, Xilinx contends that the SLM components in Takanashi discussed above are a “light-shutter matrix.” See supra Section II.C.3.a. A person of ordinary skill in the art would have understood that a working video projector system, like the one described in Takanashi, must have something to control the display of the video. The SLMs in Takanashi must be controlled by something; if they were not, they could not produce a dynamic projected image. Further, Mr. Smith-Gillespie testified that “any real video projection system in 1996 would have had a video controller,” and that devices existed at the time to “take in video and then pass it along to some other device in the system that would drive . . . the liquid crystal displays.” Ex. 1015 at 206:8-11, 209:6-22. Based on Lee’s disclosure of components that control an LCD panel (an example of an SLM) to facilitate the display of video, the need for something to control the operation of the SLMs in Takanashi, and Mr. Smith-Gillespie’s testimony regarding the existing knowledge at the time, we are persuaded that it would have been obvious to include a component in Takanashi’s system that controls the SLMs to facilitate the display of video. Doing so would have been within the level of ordinary skill in the art and would have amounted to combining known elements according to their established functions, yielding Case IPR2013-00029 Patent 5,632,545 38 predictable results. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416-18 (2007). We are persuaded, by a preponderance of the evidence, that Takanashi and Lee teach a “video controller adapted for controlling the light-shutter matrices,” as recited in claim 1, and that claim 1 would have been obvious over Takanashi and Lee. d. Conclusion Based on the record evidence, in light of the arguments presented, Xilinx has shown, by a preponderance of the evidence, that claim 1, as well as claims 2 and 3 depending therefrom, would have been obvious over Takanashi and Lee. D. IV’s Motion to Amend In its Motion to Amend, IV proposes substitute claim 4, “contingent on Claim 2 being found unpatentable,” and substitute claim 5, “contingent on Claim 3 being found unpatentable.” Mot. to Amend 1. We determine that claims 2 and 3 are unpatentable and, therefore, reach the merits of IV’s motion. As the moving party, IV bears the burden of proof to establish that it is entitled to the relief requested. 37 C.F.R. § 42.20(c). Entry of the proposed amendments is not automatic, but only upon IV’s having demonstrated the patentability of those claims. Case IPR2013-00029 Patent 5,632,545 39 Proposed substitute claims 4 and 5 include all of the limitations of claims 2 and 3, respectively, and add new limitations. 4 Mot. to Amend. 1-3. Specifically, claims 4 and 5 add the following: a heat containment system, wherein the heat containment system comprises an enclosure that isolates components in the heat containment system from other components of the video projector system, and wherein the heat containment system includes: the individual light sources; heat filter glass adapted to filter heat from the separate light beams as the separate light beams pass through the heat filter glass and exit the heat containment system; and a fan in communication with an outside environment, wherein the fan is adapted to force heat generated by the individual light sources and heat filtered by the heat filter glass into the outside environment; a second controller adapted to control the individual light sources and the fan; and a control link adapted to connect the video controller to the second controller to provide individualized variable control of each of the individual light sources. Id. 1. Written Description Support Pursuant to 37 C.F.R. § 42.121(b)(1), a motion to amend in an inter partes review must set forth “[t]he support in the original disclosure of the patent for each claim that is added or amended.” In its motion, IV explains how the subject matter of its proposed substitute claims have written 4 Substitute claim 4 also corrects claim 2 to recite “video projector system,” as in parent claim 1, rather than “video projection system.” Case IPR2013-00029 Patent 5,632,545 40 description support in the specification of U.S. Patent Application No. 08/686,809 (“the ’809 application”), which issued as the ’545 patent, as filed. Mot. to Amend 3-7 (citing Ex. 1008). Regarding the added limitations, IV relies on Figure 1 of the ’809 application and its accompanying description of heat containment system 131, lamps 132-134, heat filter glass 123, fan 136, controller 130, and control link 124. Id. (citing Ex. 1008 at 10-11, 18). IV also cites support in the ’809 application for the other limitations of the claims. Id. at 7 (citing Ex. 1008 at 18). We conclude that IV has made a sufficient showing that proposed substitute claims 4 and 5, as a whole, have written description support in the disclosure of the ’809 application as filed. 2. Claim Interpretation The patent owner bears the burden in a motion to amend to show a patentable distinction of each proposed substitute claim over the prior art. See 37 C.F.R. § 42.20(c). Accordingly, a “patent owner should identify specifically the feature or features added to each substitute claim, as compared to the challenged claim it replaces, and come forward with technical facts and reasoning about those feature(s).” Idle Free Sys., Inc. v. Bergstrom, Inc., IPR2012-00027, Paper 26 at 7 (June 11, 2013). This includes “construction of new claim terms, sufficient to persuade the Board that the proposed substitute claim is patentable over the prior art of record, and over prior art not of record but known to the patent owner.” Id. In its Motion to Amend, IV argues that all of the claim limitations in the proposed substitute claims should be interpreted “in accordance with their plain and ordinary meaning.” Mot. to Amend 4. IV does not provide a Case IPR2013-00029 Patent 5,632,545 41 proposed interpretation for any term. Given the number of additional claim limitations in claims 4 and 5, and the language used in the claims, we are not persuaded that IV has met its burden to demonstrate patentability. Specifically, IV failed to provide an interpretation for “second controller adapted to control the individual light sources and the fan” and “control link adapted to connect the video controller to the second controller to provide individualized variable control of each of the individual light sources,” and only addressed the phrases for the first time in its Reply. See PO Reply 2-3. We conclude that interpreting both phrases is critical to determining whether the proposed substitute claims are patentable, and that IV failed to meet its burden by not addressing them in its Motion. In any event, as explained below, even if IV’s arguments regarding claim interpretation and patentability in its Reply are considered, IV has not met its burden of showing that the proposed substitute claims are patentable. a. “Second Controller Adapted to Control the Individual Light Sources and the Fan” Xilinx contends that “second controller” should be interpreted to mean “one or more control circuits separate from the video controller.” Pet. Opp. 7; see Ex. 1012 ¶ 21. IV contends, in its Reply, that the full phrase “second controller adapted to control the individual light sources and the fan” means “a controller, other than the video controller, that controls a fan and individual light sources.” PO Reply 2-3; see Ex. 2015 ¶ 17. The Specification of the ’545 patent does not describe a “second controller” specifically, but discloses that controller 130 controls lamps 132-134 and fan 136, and “control link 124 is provided between controllers 122 and 130.” Case IPR2013-00029 Patent 5,632,545 42 See Ex. 1001, col. 2, ll. 52-55; col. 3, ll. 35-38; Fig. 1. Thus, controller 130 is distinct from controller 122, which controls the LCD arrays. See id. at col. 3, ll. 17-18. “Controller” also appears to be used in accordance with its ordinary meaning of something that controls. Thus, applying the broadest reasonable interpretation in light of the Specification, we interpret “second controller adapted to control the individual light sources and the fan” to mean something separate from the video controller that is adapted to control the individual light sources and fan. b. “Control Link Adapted to Connect the Video Controller to the Second Controller to Provide Individualized Variable Control of Each of the Individual Light Sources” Xilinx contends that “control link” should be interpreted to mean “an electronic connection between the video controller and another controller.” Pet. Opp. 7; see Ex. 1012 ¶ 23. IV does not propose a specific interpretation, but argues in its Reply that [o]ne of ordinary skill in the art would understand that the “individualized variable control” implemented via the “control link” is a direct result of the connection between the “video controller” and the “second controller” and that the “individualized variable control” occurs as a result of information in a video signal that is received by the video controller. PO Reply 5; see Ex. 2015 ¶¶ 20-21. We disagree with IV’s reading of the claim. The Specification of the ’545 patent has only one sentence regarding a control link: “[a] control link 124 is provided between controllers 122 and 130, and this link is used in some embodiments for some limited variable control of light output from each of the three light sources individually.” See Ex. 1001, col. 3, ll. 35-38. Thus, as described in the Specification, the Case IPR2013-00029 Patent 5,632,545 43 control link connects the two controllers, and is “used” for controlling the light output from the three light sources. The Specification provides no detail as to how the control link is “used” or how “some limited variable control” of the light sources is accomplished. Further, we do not see anything in the claims or Specification requiring the control to be the “direct result” of the connection, or that the control occurs as a result of information in a “video signal” received by the video controller, as IV suggests. Applying the broadest reasonable interpretation in light of the Specification, we interpret the full phrase “control link adapted to connect the video controller to the second controller to provide individualized variable control of each of the individual light sources” to mean a connection between the video controller and second controller through which individualized variable control over each of the individual light sources is provided. 3. Patentability Over the Prior Art We first note that IV’s Motion to Amend does not account sufficiently for the basic knowledge and skill set possessed by a person of ordinary skill in the art. IV asserts that proposed substitute claims 4 and 5 are “patentably distinct over both the prior art of record and the prior art known to [IV],” relying on the testimony of Mr. Smith-Gillespie. Mot. to Amend. 7-8 (citing Ex. 2005). In its Motion, however, IV addresses only the three references involved in this inter partes review: Flasck, Takanashi, and Lee. Id. at 8-15. The proposed substitute claims recite a number of standard components known in the art to be used with video projector systems, such as heat filter glass, fans, and controllers, as IV acknowledges. See, e.g., id. at 9, 11; Ex. 1002, col. 8, ll. 50-56; Ex. 1004, col. 1, ll. 50-55. IV does not Case IPR2013-00029 Patent 5,632,545 44 address, in any meaningful way, the level of ordinary skill in the art and what was previously known, or at least within the ordinary creativity and skill set of a person of ordinary skill in the art, regarding these components in general. At least some explanation should have been provided as to why a skilled artisan, applying his or her own knowledge and creativity, would not have found the proposed substitute claims obvious. IV has failed to demonstrate the patentability of the proposed substitute claims on that basis as well. Again, though, even if IV’s arguments regarding patentability in its Reply are considered, we are not persuaded that IV has met its burden to show that proposed substitute claims 4 and 5 would have been nonobvious over the prior art. Xilinx, in opposing IV’s motion, cites the following additional prior art references: 1. U.S. Patent No. 5,136,397, issued Aug. 4, 1992 (Ex. 1011) (“Miyashita”); and 2. U.S. Patent No. 5,692,821, filed June 28, 1996, issued Dec. 2, 1997 (Ex. 1009) (“Rodriguez”). Pet. Opp. 6. Xilinx asserts that claims 4 and 5 are unpatentable over Flasck, Rodriguez, Lee, and Miyashita. 5 Id. at 8-12. Xilinx argues that Rodriguez, Lee, and Miyashita teach all of the added limitations in claims 4 and 5, and that a person of ordinary skill in the art would have had reason to modify the Flasck projector system to include the added limitations. Id. Xilinx’s 5 Xilinx also cites a third reference, U.S. Patent No. 5,313,234 (Ex. 1010) (“Edmonson”), and argues that the claims are unpatentable over Flasck, Edmonson, Lee, and Miyashita. Pet. Opp. 12-15. We need not reach the merits of this argument, as we agree with Xilinx’s arguments regarding Flasck, Rodriguez, Lee, and Miyashita. Case IPR2013-00029 Patent 5,632,545 45 arguments are supported by the testimony of Dr. Buckman. See Ex. 1012 ¶¶ 24-32. a. Rodriguez Rodriguez is directed to a “thermal management system[] for use within a projection system.” See Ex. 1009, col. 1, l. 14-col. 2, l. 49; col. 6, ll. 4-7. Figure 4 of Rodriguez is reproduced below. Figure 4 depicts duct 32, which is housed within a “compact integrated liquid crystal display projector” (shown in Figure 1). Id. at col. 6, ll. 4-7. The interior surface of duct 32, including cooling fins 33, is “coated with a thermal radiation absorbent coating.” Id. at col. 6, ll. 10-17. Duct 32 also includes cooling fan 72, a transparent port filled with infrared filter 38, and light source 30 (shown in Figures 2A and 2B). See id. at col. 3, ll. 55-60; col. 6, ll. 34-42. b. Miyashita Miyashita is directed to a “liquid crystal video projection system” comprising, inter alia, a liquid crystal panel, heat sensor, variable-speed Case IPR2013-00029 Patent 5,632,545 46 cooling fan, and control module. Ex. 1011, col. 2, ll. 26-36. Figure 3 of Miyashita is reproduced below. Figure 3 depicts the components of liquid crystal video projector 30, including control unit 32 and other devices that communicate with each other via input/output (I/O) port 93, such as projection lamp power controller 72 and fan motor controller 76. Id. at col. 5, ll. 21-41. As shown in Figure 2, control unit 32 includes picture controller 42. Id. at col. 4, l. 61-col. 5, l. 1. Case IPR2013-00029 Patent 5,632,545 47 c. Analysis We agree with Xilinx regarding the teachings of the additional prior art references, and agree that a person of ordinary skill in the art would have had reason to combine them in the manner proposed by Xilinx and Dr. Buckman. See Pet. Opp. 8-12; Ex. 1012 ¶¶ 24-32. Specifically, Rodriguez teaches a “heat containment system, wherein the heat containment system comprises an enclosure that isolates components in the heat containment system from other components of the video projector system” (the system depicted in Figure 4), including a light source (light source 30), a “heat filter glass adapted to filter heat from the separate light beams as the separate light beams pass through the heat filter glass and exit the heat containment system” (infrared filter 38), and a “fan in communication with an outside environment, wherein the fan is adapted to force heat generated by the individual light sources and heat filtered by the heat filter glass into the outside environment” (cooling fan 72). See Pet. Opp. 9-11; Ex. 1009, col. 3, ll. 55-60; col. 6, ll. 4-42. Miyashita teaches a “second controller” (the combination of projection lamp power controller 72 and fan motor controller 76) adapted to control a light source and fan, and a “control link adapted to connect the video controller to the second controller” to control a light source (I/O port 93 link permitting control unit 32 to communicate with projection lamp power controller 72 and fan motor controller 76). See Pet. Opp. 11-12; Ex. 1011, col. 5, ll. 21-41. Flasck and Lee teach the use of three individual light sources instead of one, and Lee teaches individualized variable control of the light sources. See Pet. Opp. 10-11; Ex. 1002, col. 7, ll. 60-66; Ex. 1004, col. 3, ll. 14-19 (“three unicolor light sources . . . are connected to a lamp voltage controlling circuit 18 so as to change the light Case IPR2013-00029 Patent 5,632,545 48 intensity emitted from a respective light source”); Ex. 1014 at 157:22-158:5 (testimony from Mr. Smith-Gillespie acknowledging that Lee “provide[s] individualized variable control of each of the individual light sources”). IV makes three arguments. First, IV contends that the references may not be combined because (1) Flasck uses a heat absorbing glass and has “no suggestion . . . of a need to remove heat to the outside environment,” and (2) Lee teaches away from using a heat containment system because its system eliminates the need for a cooling device. PO Reply 3. We disagree. Flasck discloses the problem of overheating in LCD projectors, and expressly states that its heat absorbing plate is “optional.” See Ex. 1002, col. 4, ll. 36-38; col. 8, ll. 54-56. The fact that Flasck discloses one potential solution does not mean that a person of ordinary skill in the art would not have had reason to use a different (potentially better) solution instead. Likewise, the fact that Lee allegedly solves the overheating problem in its particular system in one way does not mean necessarily that it teaches away from other solutions, such as the heat containment system taught by Rodriguez, as explained by Xilinx. See Pet. Opp. 8-9. Second, IV argues that Miyashita does not teach the claimed “second controller.” PO Reply 3-4. IV cites an annotated figure in Dr. Buckman’s declaration where Dr. Buckman indicated his opinion that a number of components shown in Figure 3 of Miyashita constitute a “second controller.” Id. at 4 (citing Ex. 1012 at 29). IV contends that a “fan motor,” cited in that figure, cannot be part of a “controller” for a fan. Id. As explained above, however, we conclude that the combination of projection lamp power controller 72 and fan motor controller 76 constitutes a “second controller.” Case IPR2013-00029 Patent 5,632,545 49 Third, IV argues that Miyashita does not teach the claimed “control link” because control in the Miyashita system is not the direct result of the connection between devices, and because control unit 32 is not a “video controller.” PO Reply 4-5. We do not agree with IV’s reading of the claims and instead interpret the full “control link” phrase to mean a connection between the video controller and second controller through which individualized variable control over each of the individual light sources is provided. Miyashita teaches that I/O port 93 is a connection between control unit 32 and projection lamp power controller 72 for a single light source, and Lee teaches that more than one light source may be controlled. See Ex. 1011, col. 5, ll. 21-41; Ex. 1004, col. 3, ll. 14-19. Further, Miyashita’s control unit 32 includes picture controller 42, which “provides control to set the level of the picture attributes of color, hue, brightness, contrast, and sharpness (peaking),” and is a “video controller” under the Board’s interpretation. See Ex. 1011, col. 4, ll. 61-64. Regardless, the use of a “video controller” would have been obvious based on Flasck, as explained above. See supra Section II.B.2.c. IV’s arguments regarding the claimed “control link,” therefore, are not persuasive. Based on the foregoing discussion, IV has not met its burden to demonstrate that claims 4 and 5 would have been nonobvious over Flasck, Rodriguez, Lee, and Miyashita. Because we agree with Xilinx regarding the teachings of Rodriguez and Miyashita, and conclude that IV has not met its burden to demonstrate patentability over these references in combination with the other prior art involved in this inter partes review, we need not address Xilinx’s other arguments in its Opposition. See Pet. Opp. 1-4. Case IPR2013-00029 Patent 5,632,545 50 E. IV’s Motion to Exclude IV moves to exclude Dr. Buckman’s reply declaration directed to the challenged claims of the ’545 patent (Exhibit 1013) and Dr. Buckman’s declaration directed to IV’s proposed substitute claims (Exhibit 1012). 6 Mot. to Exclude 1. IV identifies where in the record it objected to Exhibits 1012 and 1013, and identifies a supplemental declaration from Dr. Buckman (Exhibit 1021) submitted by Xilinx as supplemental evidence in response to the objection. Id. at 2. 7 As the moving party, IV bears the burden of proof to establish that it is entitled to the relief requested—namely, that Dr. Buckman’s testimony is inadmissible under the Federal Rules of Evidence. See 37 C.F.R. §§ 42.20(c), 42.62(a). Federal Rule of Evidence 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; 6 The original copies of the declarations, filed on September 12, 2013, contained errors caused by a conversion to Portable Document Format (PDF). Paper 31. The Board granted permission to file corrected versions, which Xilinx did on September 23, 2013. Id. The copies filed on September 12, 2013 will be expunged. 7 The parties are reminded that objections to evidence, and supplemental evidence in response to an objection, are “served” on the opposing party, not “filed,” under 37 C.F.R. §§ 42.64(b) and 42.64(c). Under the circumstances, because the documents would have been filed as exhibits with the parties’ motion to exclude papers regardless, we will maintain the documents in the record rather than expunging them. Case IPR2013-00029 Patent 5,632,545 51 (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case. IV makes two arguments. First, IV contends that Dr. Buckman is not qualified to offer expert testimony in this proceeding because, although he has experience in electrical engineering and optics in general, he does not have “‘special skill, knowledge, or experience’ concerning the pertinent art at issue in this proceeding: video projection and liquid crystal displays.” Mot. to Exclude 4-5 (citing Shreve v. Sears, Roebuck & Co., 166 F. Supp. 2d 378, 393 (D. Md. 2001)). IV argues, for instance, that Dr. Buckman has not taught about video projection in particular, has not published any papers on LCDs or testified in a legal proceeding about LCDs, has not constructed a video projection system or LCD, and is not aware of the “standard reference works” for video projection and LCDs. Id. at 5-6. We are not persuaded that Dr. Buckman is unqualified to offer testimony in this proceeding. Dr. Buckman states that he has over forty years of experience in the field of optics, and was a professor of electrical engineering for thirty-five years. Ex. 1021 ¶ 3. He taught optics courses that addressed many of the standard optical components described in the ’545 patent and cited prior art references (e.g., spatial light modulators, color filters, polarizers, prisms, lenses), designed and built systems using these components, and authored a textbook entitled “Guided-Wave Photonics.” Id. ¶¶ 5-8. Dr. Buckman testifies that he has significant experience with spatial light modulators and electrical devices that control spatial light modulators. Id. ¶¶ 11-12. IV does not explain sufficiently why video projection is so specialized a field that an individual with such experience in Case IPR2013-00029 Patent 5,632,545 52 the field of optics would not be qualified to opine on the issues in this proceeding. Nor does IV give a persuasive reason why Dr. Buckman cannot testify about LCDs, when LCDs are an example of the broader category of spatial light modulators. Second, IV argues that Dr. Buckman’s opinions are unreliable because he changed his opinion about the alleged “video controller” in Lee three times. Mot. to Exclude 9-12. IV points to testimony from Dr. Buckman in this proceeding and in related Case IPR2013-00112 involving claims of the ’334 patent that similarly recite a “video controller.” Id. IV asserts that Dr. Buckman’s declarations should be excluded in their entirety because “Dr. Buckman’s ever-shifting opinions in this case are unreliable.” Id. at 11-12. As explained above, we agree with IV that Dr. Buckman’s change in opinion regarding the alleged “video controller” in Lee impacts his credibility and the weight to be given his testimony on that issue. See supra Section II.C.3.c. We are not persuaded, however, that the change makes the entirety of his testimony unreliable and inadmissible. IV does not explain sufficiently how Dr. Buckman’s single admitted mistake impacts the remainder of his testimony dealing with other prior art references and other aspects of Lee. Indeed, as Xilinx points out, courts have recognized that an expert’s mistake or changed opinion goes to the expert’s credibility, not the admissibility of the entire testimony. See Exclude Opp. 14-15; Deputy v. Lehman Bros., Inc., 345 F.3d 494, 506-07 (7th Cir. 2003). Challenges to a witness’s credibility and the weight to be accorded his or her testimony are not appropriate in a motion to exclude. See Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Case IPR2013-00029 Patent 5,632,545 53 Trial and Appeal Board Decisions; Final Rule, 77 Fed. Reg. 48,612, 48,633 (Aug. 14, 2012) (“Issues relating to credibility and the weight of the evidence may be raised in responses and replies. To the extent a party seeks to exclude the evidence in dispute, a party is to raise the issue in a motion to exclude.”); Office Patent Trial Practice Guide, 77 Fed. Reg. 48,765, 48,767 (Aug. 14, 2012). The Board is capable of assessing a witness’s testimony and the bases for that testimony, or lack thereof, when weighing all of the evidence in a proceeding. IV has not met its burden to demonstrate that Dr. Buckman’s declarations (Exhibits 1012 and 1013) are inadmissible. III. ORDER Xilinx has demonstrated, by a preponderance of the evidence, that (1) claims 1-3 are unpatentable over Flasck under 35 U.S.C. § 103(a); and (2) claims 1-3 are unpatentable over Takanashi and Lee under 35 U.S.C. § 103(a). In consideration of the foregoing, it is hereby: ORDERED that claims 1-3 of the ’545 patent are cancelled; FURTHER ORDERED that IV’s Motion to Amend is denied; FURTHER ORDERED that IV’s Motion to Exclude is denied; and FURTHER ORDERED that the copies of Exhibits 1012 and 1013 filed on September 12, 2013 are expunged from the record of the instant proceeding. Case IPR2013-00029 Patent 5,632,545 54 PETITIONER: David L. McCombs Thomas B. King HAYNES AND BOONE, LLP david.mccombs.ipr@haynesboone.com ipr.thomas.king@haynesboone.com PATENT OWNER: George E. Quillin Paul S. Hunter FOLEY & LARDNER LLP gquillin@foley.com phunter@foley.com Copy with citationCopy as parenthetical citation