XMTT, Inc.Download PDFPatent Trials and Appeals BoardMay 20, 2020IPR2020-00143 (P.T.A.B. May. 20, 2020) Copy Citation Trials@uspto.gov Paper 13 571-272-7822 Date: May 20, 2020 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD INTEL CORPORATION, Petitioner, v. XMTT, INC., Patent Owner. IPR2020-00143 Patent 8,145,879 B2 Before PHILLIP J. KAUFFMAN, MICHELLE N. WORMMEESTER, and BRENT M. DOUGAL, Administrative Patent Judges. DOUGAL, Administrative Patent Judge. DECISION Denying Institution of Inter Partes Review 35 U.S.C. § 314, 37 C.F.R. § 42.4 IPR2020-00143 Patent 8,145,879 B2 2 I. INTRODUCTION A. Background Intel Corporation (“Petitioner”) filed a Petition to institute an inter partes review of claims 1–31 (the “challenged claims”) of U.S. Patent No. 8,145,879 B2 (“the ’879 patent”). Paper 2 (“Pet.”). XMTT, Inc. (“Patent Owner”) filed a Preliminary Response. Paper 10 (“Prelim. Resp.”). Under 37 C.F.R. § 42.4(a), we have authority to determine whether to institute review. The standard for institution is set forth in 35 U.S.C. § 314(a), which provides that an inter partes review may not be instituted “unless . . . there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” For the reasons described below, we conclude that Petitioner has not shown a reasonable likelihood it would prevail in establishing the unpatentability of at least one of the challenged claims. We, therefore, do not institute an inter partes review of the ’879 patent in this proceeding. B. Related Matters Petitioner and Patent Owner identify the following litigation involving the ’879 patent: 1) XMTT, Inc. v. Intel Corporation, 1:18-cv-01810 (D. Del.). Pet. 64; Paper 6, 2. Patent Owner also identifies IPR2020-0144 as involving the ’879 patent, and IPR2020-00145 as involving U.S. Patent No. 7,707,388 B2, which issued from the parent application of the ’879 patent. Paper 6, 2. C. The ’879 Patent The ’879 patent is titled “Computer Memory Architecture for Hybrid Serial and Parallel Computing Systems.” Ex. 1001, code (54). The ’879 patent describes a problem where “[m]any parallel systems are IPR2020-00143 Patent 8,145,879 B2 3 engineered to perform tasks with high or massive parallelism, but are not sufficiently scaleable to effectively support limited parallelism in code, and in particular, do not efficiently process serial code,” although for many applications “it is necessary to perform both serial and parallel processing.” Id. at 1:36–42. To address this problem, the ’879 patent describes “a computing system including a serial processor and a plurality of parallel processors configured to switch between serial processing and parallel processing,” which “provides seamless transitions between parallel and serial processing modes, while maintaining memory coherence and providing sufficient performance for streaming applications.” Id. at 1:65– 2:7. A computing system 100 is depicted in Figure 1, reproduced below. Figure 1, above, shows a computing system 100 with both serial and parallel processing. The illustrated system includes “a plurality of memory modules 10, a plurality of parallel processors 12, a serial processor 14, a serial memory 16, IPR2020-00143 Patent 8,145,879 B2 4 and an interconnection network 18.” Id. at 4:37–40. The parallel processors may include memory, for example “local registers, read-only cache, etc.,” which “are not private, in that writes cannot be done into them, and data may be loaded from memory modules 10 through interconnection network 18 to memory in parallel processors 12.” Id. at 5:10–15. When a switch is made from serial to parallel processing, “serial processor 14 may send a signal to parallel processors 12 to indicate an upcoming switch to the parallel processing mode,” and “parallel processors 12 may start pre-fetching data and instructions.” Id. at 5:60–67. “The pre-fetched data may be stored in parallel processors 12 and be ready for quick access once the parallel mode is entered into.” Id. at 5:67–6:3. Another computing system 100 is depicted in Figure 3, below. Figure 3, above, shows another embodiment of computing system 100. IPR2020-00143 Patent 8,145,879 B2 5 The illustrated system shows that “[e]ach parallel processor 12 may include multiple thread control units (TCUs) 300” and that “a TCU 300 includes one or more registers 302.” Id. at 7:26–30. “Registers 302 may be any local storage in parallel processors 12 and may be read-only.” Id. at 7:31–33. Further, When a register 302 (such as local cache, register or other memory for a parallel processor 12) is read-only (such that the parallel processor 12 may not generally modify the data stored in the register 302), updated data generated by the parallel processor 12 may be stored in the register 302 only when the updated data is also stored in one or more of the shared memory modules 10 so that the updated data is available to other parallel processors 12 and/or serial processor 14. Id. at 7:39–47. D. Illustrative Claim Of the challenged claims, 1 and 20 are independent. Each of claims 2–19 and 21–31 depends directly or indirectly from independent claims 1 or 20. Claim 1, below, is representative: 1. An apparatus comprising: a serial processor to execute instructions in a computing program primarily in serial; a first, private memory to store data solely for use by the serial processor in executing the instructions; a plurality of parallel processors to execute instructions in the computing program primarily in parallel, at least one parallel processor of the plurality of parallel processors having a second, local read-only memory; and a plurality of shared memory modules to store data for use by the plurality of parallel processors in executing the instructions. Ex. 1001, 13:62–14:7. IPR2020-00143 Patent 8,145,879 B2 6 E. Alleged Grounds of Unpatentability Petitioner asserts that the challenged claims would have been unpatentable on the following grounds:1 Claims Challenged 35 U.S.C. § References 1–31 103(a) Wen2, Nakamura3 1–31 103(a) Wen, Koufaty4 II. ANALYSIS A. Claim Construction In an inter partes review, a claim “shall be construed using the same claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. § 282(b).” 37 C.F.R. § 42.100(b) (2019); see Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board, 83 Fed. Reg. 51,340 (Oct. 11, 2018) (amending 37 C.F.R. § 42.100(b) effective Nov. 13, 2018). Under this standard, claim terms are given their ordinary and customary meaning as would have been understood by a person of ordinary skill in the art at the time of the invention and in the context of the entire patent disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). If the specification “reveal[s] a special definition given to a claim 1 Petitioner supports its challenge with a Declaration of Dr. David Kaeli. (Ex. 1014) (“Kaeli Decl.”). 2 Ex. 1003, “Hardware Design, Prototyping and Studies of the Explicit Multi-Threading (XMT) Paradigm,” (2008) (“Wen”). 3 Ex. 1004, U.S. Pat. App. Pub. 2003/0177273 A1 (Sept. 18, 2003) (“Nakamura”). 4 Ex. 1005, “Data Forwarding in Scalable Shared-Memory Multiprocessors,” IEEE Transactions on Parallel and Distributed Systems, Vol. 7, No. 12 (Dec. 1996) (“Koufaty”). IPR2020-00143 Patent 8,145,879 B2 7 term by the patentee that differs from the meaning it would otherwise possess[,] . . . the inventor’s lexicography governs.” Phillips v. AWH Corp., 415 F.3d 1303, 1316 (Fed. Cir. 2005) (en banc) (citing CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002)). We apply this standard to the claims of the ’879 patent. 1. “Read-Only Memory” We construe the claim term “read-only memory” so that we may assess Petitioner’s assertion that the ’879 patent includes new matter. See Pet. 1. Specifically, Petitioner asserts that when properly construed, “read- only memory” is new matter so that the ’879 patent is not entitled to a filing date earlier than the filing date of March 10, 2010. Id. Our evaluation of this assertion then permits us to determine if Wen is prior art. Petitioner offers a construction for the phrase “read-only memory” which is required by all of the challenged claims. Pet. 12. Specifically, Petitioner asserts “‘read-only memory’ in the challenged claims means ‘memory for a parallel processor that stores updated data generated by the parallel processor only when the updated data is already available to other parallel processors and/or a serial processor.’” Id. (citing Kaeli Decl. ¶¶ 59– 64). Petitioner explains that “a person of ordinary skill in the art (“POSITA”) would have typically understood ‘read-only memory’ as memory that stores data that cannot be updated by a processor.” Id.; see also id. at 14 (listing dictionary definitions for terms including “read-only”). However, Petitioner argues that “the ’879 Patent defines ‘read-only memory’ as a memory storing data that a processor could sometimes update if certain conditions are met.” Id. at 12–13. Then, more specifically, Petitioner argues ‘“read-only memory’ in the ’879 Patent is ‘memory for a IPR2020-00143 Patent 8,145,879 B2 8 parallel processor that stores updated data generated by the parallel processor only when the updated data is already available to other parallel processors and/or a serial processor.” Id. at 15. Patent Owner counters that rather than construing just “read-only memory,” the Board should construe “at least one parallel processor . . . having a local, read-only memory.” Prelim. Resp. 18. Patent Owner argues that this should be construed to mean “at least one parallel processor having a memory such that the parallel processor may not generally modify the data stored therein.” Id. Patent Owner further contends that this definition is consistent with the ordinary meaning, or alternatively, if it is not, the phase was redefined in the prior parent patent application. Prelim. Resp. 18, 21. In order to construe “read-only memory,” including determining whether the inventor intended to redefine “read-only memory,” we must review the entire patent disclosure to ensure the claim construction is consistent with the disclosure as a whole. Markman v. Westview Instruments, Inc., 517 US 370, 389 (1996) (“the standard construction rule” requires a “sophisticated analysis of the whole document, . . . [such] that a term can be defined only in a way that comports with the instrument as a whole.”). Where the patentee acts as its own lexicographer, it “must be done with reasonable clarity, deliberateness, and precision . . . so as to give one of ordinary skill in the art notice of the change.” In re Paulson, 30 F.3d 1475 (Fed. Cir. 1994). Petitioner, in its claim construction analysis, reviews some of the relevant disclosure in the ’879 patent. See Pet. 13, 15 (primarily discussing Ex. 1001, 7:39–47). However, we determine that Petitioner’s analysis is lacking. Petitioner’s analysis is too narrowly focused on one sentence (Ex. 1001, 7:39–47) without fully considering how that sentence fits in with the IPR2020-00143 Patent 8,145,879 B2 9 rest of the ’879 patent. As such, we do not accept Petitioner’s claim construction of “read-only memory.”5 In the following section, we review Petitioner’s claim construction analysis and the various teachings of the ’879 patent related to “read-only memory.” a) Petitioner’s Analysis of the ’879 Patent Petitioner states that “[t]he ’879 Patent describes a ‘read-only memory’ as memory in which a processor could sometimes store updated data generated by the processor” and then lists two examples. Id. at 13. Petitioner briefly explains that the ’879 patent discloses “that some processors include local memory, . . . [which] may be ‘read-only’ and that the “parallel processors pre-fetch data or instructions from shared memory and store pre-fetched data in local memory.” Id. at 13 (citing Ex. 1001, 5:9– 12, 7:20–24, 7:30–39). Petitioner then argues that the ’879 patent specification redefines “read-only memory” when it states: When a register 302 (such as local cache, register or other memory for a parallel processor 12) is read-only (such that the parallel processor 12 may not generally modify the data stored in the register 302), updated data generated by the parallel processor 12 may be stored in the register 302 only when the updated data is also stored in one or more of the shared memory modules 10 so that the updated data is available to other parallel processors 12 and/or serial processor 14. Id. (quoting Ex. 1001, 7:39–47). Petitioner summarizes this as “in contrast to known ‘read-only memory’ at the time, a parallel processor generates and 5 We have reviewed the District Court claim construction from the related litigation (Ex. 1030) including the Court’s construction of “read-only memory.” We decline to adopt a construction of “read-only memory” herein. Further, as noted, we determine that for the purposes of this proceeding, Petitioner has failed to establish that their construction of “read- only memory” is correct. IPR2020-00143 Patent 8,145,879 B2 10 stores updated data to its read-only memory when that updated data is also available to other processors.” Id.; see also id. at 15 (restating and summarizing the same quote (Ex. 1001, 7:39–47) in slightly different words). As noted above, this analysis is insufficient to show that the inventor intended to redefine “read-only memory” as “memory for a parallel processor that stores updated data generated by the parallel processor only when the updated data is already available to other parallel processors and/or a serial processor.” Pet. 12. b) The Quote (Ex 1001, 7:39–47) We start our review of Petitioner’s claim construction analysis with the quote (Ex. 1001, 7:39–47) Petitioner relies on for support that the patentee intended to redefine “read-only memory.” As discussed below, there are two main problems with Petitioner’s analysis of this quote. The first problem is that Petitioner does not explain why they shortened the quoted language that they argue redefines “read-only memory” to their chosen claim construction as shown in the below chart: Quote from the ’879 Patent Relied on by Petitioner. Pet. 13. Petitioner’s Claim Construction of “Read-Only” “When a register 302 . . . is read- only . . ., updated data generated by the parallel processor 12 may be stored in the register 302 only when the updated data is also stored in one or more of the shared memory modules 10 so that the “memory for a parallel processor that stores updated data generated by the parallel processor only when the updated data [unexplained missing language] IPR2020-00143 Patent 8,145,879 B2 11 updated data is available to other parallel processors 12 and/or serial processor 14.” Ex. 1001, 7:42–47 is already available to other parallel processors and/or a serial processor” Pet. 12. Petitioner takes the position that “already available to other parallel processors and/or a serial processor” is broader than “stored in one or more of the shared memory modules” (id. at 16), but does not address why the patentee clearly intended to redefine “read-only memory” with one condition and not the other. The quoted language does not clearly indicate a preference of one condition over the other. Petitioner also does not address why the patentee clearly intended to redefine “read-only memory” to include any of the conditions. In one location of Petitioner’s argument it summarizes the redefinition as “the ’879 Patent defines ‘read-only memory’ as a memory storing data that a processor could sometimes update if certain conditions are met.” Id. at 12– 13. In this summary, neither “condition” from the quote is identified. Consistent with this summary by Petitioner, it is not clear that the claim construction requires a particular condition to be included,6 or why if the patentee intended to redefine “read-only memory” it intended to redefine it as narrowly as argued by Petitioner. The second problem deals with how the quote (Ex 1001, 7:39–47) introduces “read-only memory.” In the quote, “read-only memory” is followed by the statement in parenthesis “(such that the parallel processor 12 may not generally modify the data stored in the register 302).” The quote then follows this set-apart statement with an instance where data can be 6 This is especially true in view of the language of the claims discussed in more detail below. IPR2020-00143 Patent 8,145,879 B2 12 modified in the read-only memory. Petitioner provides no analysis of why the statement which has been set apart both by “such that” and with parenthesis should not control any redefinition. Prelim. Resp. 20–21. A redefinition, based on this statement would not require any specific conditions to be included in the claim construction. Further, the Federal Circuit warns that “in determining whether a statement by a patentee was intended to be lexicographic, it is important to determine whether the statement was designed to define the claim term or to describe a preferred embodiment.” E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369 (Fed. Cir. 2003); see also Prelim. Resp. 22–24. Petitioner’s claim construction includes a preferred embodiment, but it is not clear that this embodiment is required by any claim construction or that the patentee intended to include the embodiment in its understanding of “read-only memory.” c) Other Portions of the Detailed Description As noted previously, Petitioner’s discussion of “read-only memory” in the ’879 patent in places other than the relied upon quote (Ex. 1001, 7:39– 47) is limited to mentioning that the ’879 patent discloses “that some processors include local memory, . . . [which] may be ‘read-only’” and that the “parallel processors pre-fetch data or instructions from shared memory and store pre-fetched data in local memory.” Pet. 13 (citing Ex. 1001, 5:9– 12, 7:20–24, 7:30–39). However, Petitioner provides no analysis of how this disclosure or the disclosure as a whole impacts their proposed claim construction. First, just as the ’879 patent teaches at 7:39–47, the ’879 patent teaches in other locations that the read-only memory can load or store new or updated data. Prelim. Resp. 19–20; see also Ex. 1001, 5:13–15 (“data IPR2020-00143 Patent 8,145,879 B2 13 may be loaded from memory modules 10 through interconnection network 18 to memory [e.g. read-only cache] in parallel processors 12.”), 7:30–39 (“a TCU 300 includes one or more registers 302 . . . . Registers 302 may be any local storage in parallel processors 12 and may be read-only. . . . The pre-fetched data is retrieved from memory modules 10 and stored in registers 302.” (emphasis added)). Petitioner acknowledges as much in the brief introduction when it states “parallel processors pre-fetch data or instructions from shared memory and store pre-fetched data in local memory” which memory they state may be read-only. Pet. 13 (citing Ex. 1001, 7:20–24, 7:30–39). However, contrary to Petitioner’s proposed claim construction, this “pre-fetch data” does not have to be “data generated by the parallel processor.” Id. at 13. For example, the ’879 patent teaches that the pre-fetch data can be “from memory modules 10.” Ex. 1001, 5:13– 14, 5:67. Again, Petitioner provides no analysis of how this disclosure impacts their proposed claim construction. It is possible that Petitioner believes that storing pre-fetch data in read-only memory is consistent with the understanding of “read-only” by a person of ordinary skill in the art.7 However, if this is the case, Petitioner provides no explanation of why storing new data in read-only memory in 7 Petitioner later argues that storing pre-fetch data in read-only memory where discussed in the priority applications would not have been understood to have modified the meaning of “read-only memory.” See Pet. 19–23. However, Petitioner never discusses how these disclosures would be understood in the context of the disclosure of the ’879 patent. Such an analysis is essential to a proper claim construction. Further, even in the priority applications Petitioner only addresses individual teachings with respect to Petitioner’s proposed particular claim construction, rather than addressing the understanding of one of ordinary skill in the art based on each application as a whole. IPR2020-00143 Patent 8,145,879 B2 14 one instance (pre-fetch data) is within the ordinary meaning, and another instance (data generated by the parallel processor) is not. Thus, either way, Petitioner has not provided sufficient analysis of the Specification of the ’879 patent to support its proposed construction. d) The Claims Claim construction starts with the claims. Petitioner notes that “read- only memory” is required by the challenged claims. Pet. 12. Claims 1 and 20, the only independent claims challenged here, both require “at least one parallel processor of the plurality of parallel processors having a second, local read-only memory.” Ex. 1001, 14:2–4, 15:22–24. Many of the dependent claims also add details related to the read-only memory. For example, dependent claims 9 and 26 include: the “prefetched data is stored in the second, local read-only memory of the at least one parallel processor.” Id. at 14:42–44, 15:56–58. As noted previously, the ’879 patent does not teach that prefetched data must be data generated by the parallel processor. Thus, these claims do not appear to require “read-only memory” to be as narrowly construed as proposed by Petitioner. As another example, dependent claims 2 and 21 include: “the second, local read-only memory of the at least one parallel processor may store updated data only when the updated data is also available in at least one shared memory module of the plurality of shared memory modules.” Id. at 14:8–12, 15:33–37.8 Though not a direct quote, claims 2 and 21 include the language from the relied upon quote that is missing from Petitioner’s 8 Other claims also refer to the read-only memory, but we need not address them for purposes of this Decision. See e.g., Ex 1001, 14:15, 15:15, 15:39 (claims 3, 19, 22). IPR2020-00143 Patent 8,145,879 B2 15 proposed claim construction discussed above. Of course, a natural result of storing the updated data in a shared memory module is that it would be available to other processors, as taught by the relied upon quote from the ’879 patent, which is included in Petitioner’s proposed claim construction. Petitioner argues that its proposed claim construction of “read-only memory” properly “encompass[es] the limitations . . . added in dependent Claim 2.” Pet. 16; id. (“it encompasses a parallel processor storing updated data in its read-only memory only when that data is already available to other processors, which may further include storing updated data in shared memory modules, as recited in Claim 2”). We agree with Petitioner that “read-only memory” in claim 1 must encompass the usage of that term in claim 2. However, we do not agree that “read-only memory” should be limited in the manner proposed by Petitioner. The independent claims do not include any of the conditions listed in the quote relied upon by Petitioner (Ex. 1001, 14:2–4, 15:22–24), while claim 2 does, and we should be careful not to unduly read limitations from the specification into the claims, except where the patentee has clearly intended to by being its own lexicographer. See In re Paulson, 30 F.3d 1475, 1480 (Fed. Cir. 1994). We are not persuaded that the patentee intended to limit “read-only memory” to include one condition when claim 2 explicitly includes one of the two conditions which also naturally results in the condition Petitioner would have us read into the claims. Further, the structure of the claims appears more consistent with Petitioner’s summary of: “the ’879 Patent defines ‘read-only memory’ as a memory storing data that a processor could sometimes update if certain conditions are met” rather than its proposed claim construction. Id. at 12– 13. IPR2020-00143 Patent 8,145,879 B2 16 e) Conclusion For all of the above reasons, we do not accept Petitioner’s proposed claim construction of “read-only memory.” At the same time, we decline to provide an express construction for “read-only memory” or any other terms in the ’879 patent because we determine that no such construction is required for the purposes of this Decision. See Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361 (Fed. Cir. 2011) (“[C]laim terms need only be construed to the extent necessary to resolve the controversy.” (Internal quotation marks omitted)). B. Priority Date of the ’879 Patent The ’879 patent issued from U.S. Pat. App. No. 12/721,252, which is a continuation-in-part of U.S. Pat. App. No. 11/606,860 (“the ’860 application”) (now U.S. Pat. No. 7,707,388 B2), and which also claims priority to U.S. Prov. App. No. 60/740,255 (“the ’255 application”). Ex. 1001, codes (63), (60). Petitioner contends that under its proposed construction the recitation of “read-only memory” in the ’879 patent constitutes new matter not present in the priority patent applications. Pet. 16. This is because it “does not find written description support in either the ’255 Application or the ’388 Patent [’860 application].” Id. Specifically, Petitioner argues that “the ’879 Patent changes the understood meaning of ‘read-only memory’ by explaining that a parallel processor can generate and store updated data to its read-only memory when that updated data is already available to other parallel processors and/or serial processor in the system.” Pet. 19–20 (citing Ex. 1001, 7:39–47). As discussed in detail above, we do not accept Petitioner’s proposed claim construction of “read-only memory.” Petitioner’s argument IPR2020-00143 Patent 8,145,879 B2 17 concerning the ’879 patent’s priority date hinges on its incorrect claim construction of “read-only.” See id. at 16 (“The properly construed ‘read- only memory’ is new matter that does not find written description support in either [priority application].”). Petitioner provides no other argument in its Petition that the ’879 patent is not entitled to its priority date. Thus, Petitioner has not established or provided a reasonable basis to determine that claims 1–31 of the ’879 patent are not entitled to their priority date. C. Claims 1–31 – Alleged Obviousness Over Wen and Nakamura or Over Wen and Koufaty Petitioner asserts that the combination of Wen and Nakamura or that the combination of Wen and Koufaty renders obvious claims 1–31. See Pet. 24–63. Dr. David Kaeli provides a declaration in support of Petitioner’s allegations. See generally Kaeli Decl. Patent Owner opposes. See Prelim. Resp. 38–48. Dr. Murali Annavaram provides a declaration in support of Patent Owner’s arguments. See generally Annavaram Decl. For the reasons set forth below, we determine Petitioner has not demonstrated a reasonable likelihood of prevailing on its assertion that claims 1–31 are unpatentable over Wen and Nakamura or Wen and Koufaty. 1. Wen a) Prior Art Status As discussed above, on this record, Petitioner has not established or provided a reasonable basis to determine that claims 1–31 the ’879 patent is not entitled to claim priority to the November 29, 2006, filing date of the ’860 application or the November 29, 2005, filing date of the ’255 application. Therefore, Wen, with a copyright notice of 2008 (Ex. 1003, 3), is not prior art to the ’879 patent. IPR2020-00143 Patent 8,145,879 B2 18 b) Conclusion As Wen has not been established to be prior art, Petitioner has not demonstrated a reasonable likelihood of prevailing on its assertions that claims 1–31 are unpatentable based at least in part on Wen. III. CONCLUSION For the foregoing reasons, we have determined that there is not a reasonable likelihood that Petitioner would prevail with respect to at least one of the claims challenged in the Petition. We therefore do not institute trial as to any challenged claim or any ground stated in the Petition. IV. ORDER In consideration of the foregoing, it is hereby: ORDERED that the Petition is denied and no trial is instituted. IPR2020-00143 Patent 8,145,879 B2 19 FOR PETITIONER: Kevin McNish Brian D. Matty Laurie Stempler Michael A. Wueste DESMARAIS LLP kkm-ptab@desmaraisllp.com bmatty@desmaraisllp.com lstempler@desmaraisllp.com mwueste@desmaraisllp.com FOR PATENT OWNER: H. Annita Zhong Ben Hattenbach Anthony Rowles IRELL & MANELLA LLP hzhong@irell.com bhattenbach@irell.com trowles@irell.com Copy with citationCopy as parenthetical citation