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IXI IP, LLC v. Samsung Electronics Co., Ltd.

United States Court of Appeals, Federal Circuit

September 10, 2018

IXI IP, LLC, Appellant
v.
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., APPLE INC., Appellees

          Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2015-01444.

          Goutam 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.

          Before O'Malley, Mayer, and Reyna, Circuit Judges.

          REYNA, CIRCUIT JUDGE.

         Samsung 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.

         I. The '033 Patent

         Appellant 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.

         Software 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 software component).

         Appellant 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 wireless device,
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.


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