from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. IPR2015-01444.
Patnaik, Pepper Hamilton LLP, Washington, DC, argued for
appellant. Also represented by Bradley Thomas Lennie; William
D. Belanger, Boston, MA.
Michael J. McKeon, Fish & Richardson, PC, Washington, DC,
argued for appellees. Also represented by Craig E.
Countryman, Oliver Richards, San Diego, CA.
O'Malley, Mayer, and Reyna, Circuit Judges.
Electronics Co., Ltd., Samsung Electronics America, Inc., and
Apple Inc. filed a petition to institute an inter
partes review of certain claims of U.S. Patent No. 7,
039, 033. The Patent Trial and Appeal Board instituted review
that resulted in a final written decision that the reviewed
claims are invalid. Patent owner IXI IP, LLC appeals the
final written decision. We find that the Patent Trial and
Appeal Board's decision is supported by substantial
evidence. We affirm.
IXI IP, LLC ("IXI") owns U.S. Patent No. 7, 039,
033 ("the '033 patent"), titled "System,
Device And Computer Readable Medium For Providing A Managed
Wireless Network Using Short-Range Radio Signals." The
'033 patent is directed to "a system that accesses
information from a wide area network ('WAN'), such as
the Internet, and local wireless devices in response to
short-range radio signals." '033 patent col. 4 ll.
8-11. The system includes a wireless gateway device (i.e., a
cellphone), which is coupled to a cellular network, which in
turn connects to the Internet through a carrier backbone.
Id. col. 4 ll. 36-39, 49-54, Fig. 1. The cellphone
also forms part of a personal area network ("PAN"),
which is a local network made up of the cellphone and one or
more terminal devices, such as a laptop computer, a personal
digital assistant (PDA), or a printer. Id. col. 4
ll. 17-25. The system disclosed in the '033 patent allows
the terminal devices of the PAN to access the cellular
network through the cellphone. Id. Abstract. Thus,
the '033 patent discloses a system that contains both a
PAN and a WAN, connected via the cellphone. Id. col.
4 ll. 8-19.
architecture for the cellphone may include network management
software including, inter alia, a PAN application
server. Id. col. 5 l. 61-col. 6 l. 5, col. 6 ll.
36-42, col. 6 ll. 58-63, Figs. 4, 5a. In turn, the PAN
application server includes a service repository software
component, which allows applications that run on the
cellphone or the terminal devices to discover what services
are offered by the PAN, and to determine the characteristics
of the available services. Id. col. 10 ll. 1-9, col.
12 ll. 9-14, Fig. 7; see also id. col. 12, ll. 33-67
(enumerating the many functions of the service repository
and Appellees agree that independent claim 1 is
representative of all challenged claims. Claim 1 recites:
1. A system for providing access to the Internet, comprising:
a first wireless device, in a short distance wireless
network, having a software component to access information
from the Internet by communicating with a cellular network in
response to a first short-range radio signal, wherein the
first wireless device communicates with the cellular network
and receives the first short-range radio signal; and,
a second wireless device, in the short distance wireless
network, to provide the first short-range radio signal,
wherein the software component includes a network address
translator software component to translate between a first
Internet Protocol ("IP") address provided to the
first wireless device from the cellular network and a second
address for the second wireless device provided by the first
wherein the software component includes a service repository
software component to identify a service provided by the
second wireless device.
Id. col. 15 ll. 40-59.