Ultratec, Inc.Download PDFPatent Trials and Appeals BoardMar 22, 2021IPR2020-01215 (P.T.A.B. Mar. 22, 2021) Copy Citation 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. IPR2020-01215 Patent 10,469,660 B2 3 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 4 IV. ORDER In consideration of the foregoing, it is hereby: ORDERED that Petitioner’s Request for Rehearing is denied. IPR2020-01215 Patent 10,469,660 B2 5 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 Copy with citationCopy as parenthetical citation