Ultratec, Inc.

Patent Trials and Appeals Board

Mar 22, 2021

IPR2020-01215 (P.T.A.B. Mar. 22, 2021)

Trials@uspto.gov Paper 9
571-272-7822 Date: March 22, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

CAPTIONCALL, LLC,
Petitioner,
v.
ULTRATEC, INC.,
Patent Owner.

IPR2020-01215
Patent 10,469,660 B2

Before LYNNE E. PETTIGREW, NATHAN A. ENGELS, and
SCOTT B. HOWARD, Administrative Patent Judges.

ENGELS, Administrative Patent Judge.
DECISION
Denying Petitioner’s Request for Rehearing
37 C.F.R. § 42.71(d)(2)

IPR2020-01215
Patent 10,469,660 B2

2
I. INTRODUCTION
Petitioner filed a Petition challenging claims 1–45 of U.S. Patent
No. 10,469,660 on 12 grounds. Paper 1. The Board entered a Decision
Denying Institution of Inter Partes Review. Paper 6. Petitioner filed
Request for Rehearing Pursuant to 37 C.F.R. §42.71(d). Paper 7.
For the reasons explained below, Petitioner’s Request for Rehearing is
denied.
II. ANALYSIS
A. Grounds 9–12
Addressing Grounds 9–12, which rely on Engelke (Ex. 1009) as the
primary reference, Petitioner contends the Board misapprehended the scope
of the following limitation of independent claim 1, and similar limitations of
independent claims 25 and 38:
the appliance processor configured to: upon answering an
incoming call, while at least one of the mobile device and the
appliance is used by the assisted user to communicate via voice
signals with the hearing user’s device, independent of any user
action to associate the mobile device and the appliance
subsequent to the call being received, receive text originating at
the relay, the text corresponding to a transcript of the hearing
user’s voice signal originating at the hearing user’s device,
wherein the text signal is received from the relay.
Req. Reh’g 2–8 (emphasis added). Petitioner’s arguments regarding claim
scope are untimely, as the Petition did not affirmatively address the scope of
this limitation in its Petition. Tellingly, the Petition addressed this claim
limitation with two sentences, while Petitioner’s Request for Rehearing
devotes over five pages to this limitation. Compare Pet 47, with Req.
Reh’g 2–8.
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Patent 10,469,660 B2

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Moreover, contrary to Petitioner’s suggestion that the Decision
overlooked relevant portions of the record, the Decision already addresses
the cited portion of both Engelke and Petitioner’s declarant. Decision 20–22
(citing Ex. 1009 ¶¶ 38, 39, 42; Ex. 1019 ¶ 144).
B. Grounds 3, 4, 6, and 8
Addressing Grounds 3, 4, 6, and 8, which rely on McLaughlin ’795 as
the primary reference, Petitioner reargues its position that McLaughlin ’795
teaches (i) a wireless mobile device that includes a mobile device display
and (ii) an appliance that includes a display configured to display text
captions. Req. Reh’g 8–10. Contrary to Petitioner’s suggestion that the
Board misapprehended or overlooked the relevant portions of the Petition
(Req. Reh’g 8), the Decision already addresses Petitioner’s arguments
(Decision 14–16).
C. Grounds 1, 2, 5, and 7
Addressing Grounds 1, 2, 5, and 7, which rely on McLaughlin ’169
and McLauglin ’795 as incorporated by reference, Petitioner reargues its
position that the references teach (i) a wireless mobile device that includes a
mobile device display and (ii) an appliance that includes a display
configured to display text captions. Req. Reh’g 11–15. Contrary to
Petitioner’s suggestion that the Board misapprehended or overlooked the
relevant portions of the Petition (Req. Reh’g 11–12, 14–15), the Decision
already addresses Petitioner’s arguments (Decision 16–18).
III. CONCLUSION
For the reasons set forth above, Petitioner has not persuaded us that
the outcome of our Decision should be modified.
IPR2020-01215
Patent 10,469,660 B2

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IV. ORDER
In consideration of the foregoing, it is hereby:
ORDERED that Petitioner’s Request for Rehearing is denied.

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Patent 10,469,660 B2

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FOR PETITIONER:
Adam Smoot
John Gadd
Brian Parke
asmoot@mabr.com
jgadd@mabr.com
bparke@mabr.com

FOR PATENT OWNER:

Michael Jaskolski
Martha Snyder
Michael.jaskolski@quarles.com
Martha.snyder@quarles.com